The choice between a bench trial (judge only) and a jury trial depends on the specific facts, the assigned judge, and the strength of the technical defense. Bench trials are typically preferred when the defense relies on a legal or technical argument that a judge understands better than a jury: for example, a complex Fourth Amendment stop issue, a breathalyzer calibration challenge, or a rising-blood-alcohol defense. Jury trials are usually preferred when the case turns on witness credibility, when the officer's report contradicts the video, or when jury sympathy is likely on facts like a medical condition mimicking impairment. Cook County misdemeanor DUI jury trials are 6-person juries. A Chicago DUI lawyer makes the recommendation after reviewing discovery and the assigned courtroom.
