How Often Do DUI Cases Go to Trial in Arizona?
by Ryan Cummings | May 28, 2025 | DUI Defense
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What You Need to Know
Understanding DUI Trials in Arizona
At R&R Law Group, one of the most common questions we receive from clients is:
How often do DUI cases actually go to trial, and why would someone choose to go to trial instead of accepting a plea deal?
To answer that, it’s helpful to first understand how the DUI court process typically unfolds in Arizona.
The DUI Court Process in Arizona
After being charged with a DUI, the process usually follows these steps:
Arraignment – This is your initial court appearance where charges are formally presented.
Pretrial Conferences – A series of meetings between the defense and prosecution. These are often the most substantive part of the case.
Resolution Phase – Most cases are resolved during pretrial. This could be through:
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A plea agreement
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A dismissal
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Diversion or other alternative outcomes
The Reality: Most DUI Cases Don’t Go to Trial
According to a Pew Research Center study analyzing federal data, only about 2% of DUI cases go to trial. Roughly 90% plead guilty, and the remaining 8% are dismissed. This means that statistically, your case is far more likely to resolve before trial.
When Does It Make Sense to Go to Trial?
1. You Have a Strong Legal Argument
Trial may be a wise strategy if your case involves:
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Unlawful stop or illegal search and seizure
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Miranda rights violations
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Improperly administered field sobriety or breathalyzer tests
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Issues with police procedure or conduct
2. You Can Afford to Go to Trial
Trials can be expensive. Costs may include:
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Expert witnesses (e.g., toxicologists or accident reconstructionists)
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Private investigations
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Re-testing blood samples
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Hiring an experienced DUI attorney
While public defenders are available at no cost, they often carry heavy caseloads and may not provide the same level of personalized attention as a private attorney.
3. The Penalty for Losing Is No Worse Than the Plea
In some cases, the outcome after a trial loss is similar to what’s offered in a plea deal. If you have a strong defense, this can make trial a lower-risk option.
Risks and Reasons to Avoid Trial
1. You Could Face a “Trial Tax”
Some judges or jurisdictions impose harsher penalties on defendants who go to trial and lose. This is unethical, but it still happens in certain courts. It’s important to evaluate:
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The judge’s reputation
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The jurisdiction’s history of fair treatment
In Scottsdale, judges generally do not penalize defendants simply for choosing to go to trial. However, always rely on your attorney’s advice for up-to-date guidance.
2. Cost Concerns
If you cannot afford expert witnesses or experienced legal representation, trial may not be feasible. While strategic questioning can sometimes substitute for costly experts, many trial-related expenses are unavoidable.
3. Harsh Jurors or Prosecutors
Some jury pools tend to be unfavorable toward DUI defendants. Additionally, some prosecutors may threaten to add charges or increase penalties if you refuse a plea deal.
Why Trial Still Matters
Many attorneys rarely take DUI cases to trial. At R&R Law Group, we take a different approach. We believe in challenging flawed prosecutions and protecting your rights through every legal avenue—including trial when it’s the right strategy.
Final Thoughts
Most DUI cases in Arizona do not go to trial. But that doesn’t mean yours shouldn’t. Every case is unique. You need to consider:
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The strength of your defense
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The costs involved
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The potential outcomes
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The legal strategy that best suits your circumstances