Do You Have the Right to a Jury Trial for a DUI in Florida?

DUI Misdemeanors and Jury Trial Rights

Many people are surprised to learn that Florida DUI misdemeanors generally carry the right to a jury trial upon demand.

Florida Law on Jury Trials

Under Florida law:

  • DUI misdemeanors are punishable by imprisonment

  • Defendants typically have the right to demand a jury trial

  • The jury usually consists of six jurors

  • The State must prove guilt beyond a reasonable doubt

When the Right Can Be Lost

The right to a jury trial may be lost if:

  • The defendant does not timely demand it

  • The judge certifies before trial that no jail time will be imposed

  • The defendant knowingly waives the right on the record

Proceeding without a jury when the right exists can be reversible error.

Bench Trial vs. Jury Trial

A defendant may choose a bench trial, but the decision should be made carefully with legal counsel, as trial strategy and outcomes may differ.

Preserving Your Rights Matters

Early legal action is critical to ensure important rights are not unintentionally waived.


Speak With Florida DUI Attorney Amy Pietrowski

A DUI charge is not just a traffic matter — it is a criminal offense with long-term consequences. Early decisions can significantly affect the outcome of your case and your future.

If you are facing a DUI charge in Florida, consulting with an experienced attorney can help you understand your rights, evaluate the evidence, and protect what matters most.

Ask Attorney Amy provides experienced Florida DUI defense with an understanding of how these charges impact careers, licenses, and lives.

Attorney Amy Pietrowski


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Florida DUI Penalties Explained: First, Second, and Third Offenses