Larkin Ingrassia Criminal Defense Attorneys | August 15, 2025 | DWI
Being arrested for driving while intoxicated (DWI) is overwhelming. Along with the potential for fines, license suspension, and even jail time, many people also want to know whether their case will actually go to trial. In New York, most DWI cases resolve through plea agreements, but some do make it into a courtroom. Learning about why certain cases head to trial and how a lawyer can protect you can help you prepare for what lies ahead.
The Reality of DWI Trials in New York State
The truth is that only a small percentage of impaired driving cases in New York are decided by a judge or jury. Prosecutors and defense attorneys resolve most cases through negotiated plea deals, often reducing the charges or penalties. Trials are costly and time-consuming for both sides, so avoiding them is usually in everyone’s interest.
Still, trials do happen. If the evidence against you is weak, constitutional issues are involved, or the prosecutor refuses to offer a fair plea, your attorney may recommend taking your case to trial.
Factors That Determine Whether a Case Goes to Trial
Several elements influence whether a DWI case moves forward to trial:
- Strength of the evidence: Breathalyzer results, field sobriety tests, and officer observations can all be challenged. If key evidence is flawed, going to trial may be your best option.
- Plea bargaining: Prosecutors often offer reduced charges, such as a plea to driving while ability impaired (DWAI). If the offer is unreasonable, going to trial may be necessary.
- Prior record: Defendants with previous DWIs may face harsher penalties and fewer plea opportunities, making trial more likely.
- Legal issues: If your defense lawyer identifies constitutional violations (like an unlawful traffic stop), it may shift the case toward trial to suppress the illegally gathered evidence.
Remember that all major decisions related to your case, including whether to take it to trial, are yours at the end of the day.
Risks and Benefits of Taking a DWI Case to Trial
Trials can feel intimidating, but they also provide opportunities for your attorney, depending on the facts and circumstances of the case. In some DWI defense situations, taking your case to trial may be your best chance at a favorable resolution. However, in others, doing so may not be in your best interest.
The potential benefits of a trial include:
- The chance to fully challenge the state’s evidence
- A possibility of acquittal if the jury finds the prosecution’s case lacking
- Greater leverage during negotiations, since prosecutors know your attorney is ready to fight
However, trials do not come without their risks, which may include:
- Harsher penalties if convicted at trial compared to accepting a plea
- Longer timelines and added stress
- Less control over the outcome, since the decision rests with a judge or jury
An experienced DWI lawyer will walk you through these trade-offs and how they apply to your case. That way, you can understand your options and how best to move forward.
Contact Our Kingston DWI Defense Lawyer at Larkin Ingrassia Criminal Defense Attorneys for a Free Consultation
Facing a DWI charge in New York can feel like your entire future is on the line. While most cases won’t go to trial, the possibility is always there, so you need an advocate who can handle either path. That’s where Larkin Ingrassia Criminal Defense Attorneys comes in.
A seasoned defense lawyer can review the facts of your case and help you move forward with the best strategy possible to fight back. Schedule a free consultation with a Kingston criminal defense attorney today to get the guidance and legal help you need.
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