If you’re charged with drunk driving in Massachusetts, you have a constitutional right to a jury trial.
You may, however, waive your right to a jury trial and have the case heard by a judge alone. This is known as a bench trial.
In 2011 the Supreme Judicial Court (SJC) commissioned a special counsel to investigate the results of OUI jury trials and bench trials throughout the Commonwealth.
The investigation found “when [OUI] cases were resolved in a jury trial, 58% of the defendants were acquitted. When judges considered the merits of OUI cases in bench trials, 86% were acquitted.” See Commonwealth v. Gebo, 489 Mass. 757, 769 (2022).
In other words, OUI defendants who selected a bench trial were acquitted at a rate 28% higher than those who chose the jury.
Bench trials are also quicker and more informal than jury trials. This is because there’s no need to empanel jurors–a process that can take hours. Moreover, both sides typically forego opening statements, there’s no need to instruct the jury and the judge (unlike jurors) does not take time to deliberate at the close of evidence. He or she simply renders a verdict on the spot.
Finally, most experience lawyers know the judges in their area. For instance, I practice law in “Region 6” which has a couple dozen judges. I know almost all of them and I’m well aware of which ones are inclined to side with the police and the prosecution.
This, of course, allows me to better advise my clients on the day of trial. For instance, if our defense is weak to begin with and a tough judge takes the bench, it may be time to reconsider the plea option. However, if you have a good defense and a fair-minded judge, then going through with the trial is a no-brainer.
There is, I think, one downside when opting for a bench trial: the prosecutor will be much less likely to back down.
Prosecutors are busy, busy people. They handle hundreds of cases each year. When you demand a jury trial, the prosecutor must put everything on hold for at least a day or two and focus exclusively on your case. Most prosecutors don’t want that. So, to avoid trial, they may offer you a plea deal that’s too good to turn down–most often dropping the OUI in exchange for a plea to negligent operation of a motor vehicle.
However, if you choose a bench trial (which usually takes less than an hour to complete) the prosecutor will be far less likely to back down.