How Common Are DUI Trials

Interviewer: What percentage of DUI cases actually go to trial?
If I could, I’d ask part two of that question, what percentage of your cases go to trial?

Nathan Dineen:  I don’t have any specific statistics, state‑wide, on what percentage of DUI cases actually go to trial, but it is typically a very small amount. An example that I will give you from a recent trial that I had.
I had a police officer on the stand who has five years of experience and well over 500 OWI investigations. . He was visibly nervous on the stand, when I was cross‑examining him. I asked him if he was nervous, and he said, “Yes.”
I asked, “When was the last time he testified,” and he said that he had never testified in an OWI trial before.

This should give you an idea of how many of these actually go to trial, what percentage of my cases go to trail, I would say probably somewhere around 50 percent, maybe a little bit less than that. It really comes down to what the client wants.