Do All DUI Cases Go To Trial?

CoastalVirginiaLaw CTA

Effect of Alcohol on Ability to Drive

DUI accidents account for one-third of all car accidents in the United States. Alcohol depresses the reticular activating system, which blocks control mechanisms so that a person is no longer aware of a potentially risky and dangerous situation. Sensory systems are no longer functioning exactly as they did before intoxication, and as a result the brain may not receive the right and correct information. Even experienced drivers who drive while intoxicated turn into ineffective slow drivers.

How often does DUI go to trial in the US?

So do all DUI cases go to trial? In general, only a few DUI cases go to court, about 1-2% depending on the state. Most DUI offenders admit guilt because they do not have enough experience to negotiate in court.

The low number of trials explained by the fact that they are not often strong cases in favor of the defendant. There is a big chance of losing the trial in court and the judge will give the offender the highest penalty. Even with an experienced lawyer on the defense side, there’s still a chance that the jury will find him guilty, which will lead to a long sentence and a harsher punishment. The offender should avoid trials, especially when there is strong evidence against the defendant. In most situations, a deal with the prosecutor is the best option. The prosecutor can negotiate a lower sentence, which greatly reduces the risk to the offender.

How often does DUI go to trial in Virginia

In Virginia, as in many states, DUI cases rarely go to trial and are often decided before trial. Felony DUI cases and defendants who are dissatisfied with their decision will go to trial. Going to trial is time-consuming, and the trial itself can be even longer. Many prosecutors simply do not want to waste time and therefore require that the defendant plead guilty immediately.

All of these factors rarely bring a DUI to trial in Virginia, unless it is the desire of the defendant.

Comparing Virginia to the Other States

Statistics show that DUI has about half of the road accidents in Virginia, with about 250 cases per year. This number is just below the U.S. average. The most fatal state is California which has more than 4 times the number of incidents than Virginia, probably because California has about as much population.

Other exact statistics for DUI arrests in different states show that Virginia has about 240 arrests per year. South Dakota has the highest arrest rate, with almost 1,000 arrests per 100,000 people. From the statistics, Virginia has a lower number of DUI arrests than most other states. This is because the state has a strict policy against drunk drivers and thus decreases the number of DUI cases.

The small amount of fatal DUI in the large state of Virginia makes it one of the strictest states in America. Along with Virginia, other strict states are Arizona, Alaska, Connecticut, West Virginia, Kansas, Nebraska, and Utah. The small number of fatal incidents indicates that Virginia has good laws on DUI that keep the roads safe. DUI are strictly persecuted throughout the state of Virginia. Almost every jurisdiction takes them very seriously. They don’t want to separate the charges into less severe ones, and they do not want to dismiss the charges in any way. These cases are strictly prosecuted.

It follows that if a DUI case goes to trial in Virginia, there’s a good chance that the defendant will receive a serious criminal penalty.

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