How Often Do DUI Cases Go to Trial in Polk County, FL?

Thomas C. Grajek | September 29, 2025 | DUI

Understanding how often DUI cases go to trial is helpful for defendants who are worried about how their case is going to turn out. While most DUI cases in Polk County, FL, resolve through plea bargains, a small percentage do proceed to trial. 

If this happens, working with an experienced Polk County criminal defense lawyer becomes critical to securing a favorable outcome.

Why Most DUI Cases Don’t Go to Trial in Polk County

DUI cases in Polk County rarely go to trial because both the prosecutors and defendants benefit from resolving cases by agreeing to a plea. There are many reasons this happens so frequently, but some reasons are more common.

Strength of Evidence

One significant factor is the strength of the evidence. Prosecutors often possess substantial evidence, such as breathalyzer results or video recordings, which makes a conviction likely. Defense attorneys, recognizing this, frequently advise their clients to accept a plea deal to minimize potential penalties.

Negotiated Resolutions

Many DUI cases end in a plea, either to the DUI itself or to a reduced charge like reckless driving. Plea bargaining can result in lesser penalties, fewer—often less serious—charges on a criminal record, and quicker resolutions.

Defense Motions 

Attorneys often succeed in getting a favorable plea or charges dropped by winning motions to suppress evidence. Defense attorneys do this by challenging the legality of the stop, raising doubt about probable cause, or uncovering serious problems with breath or blood testing procedures.

When these motions succeed, prosecutors are often left without enough evidence to prove the DUI beyond a reasonable doubt, making it more likely they’ll offer a favorable plea.

Risk Calculations

Trials involve uncertainty, greater expense, and the possibility of mandatory penalties if you lose. With a negotiated guilty plea, you know your fate, which is often better than being found guilty.  

Specialty Court – Polk County DUI Drug Court 

For eligible defendants, alternative sentencing courts like the Polk County DUI Drug Court offer treatment-focused resolutions, diversion programs, and potential dismissals after successful completion. When this is an option, defendants usually take it.

When Polk County DUI Cases Are More Likely to Go to Trial 

Certain situations mean that some DUI cases are more likely to be argued before a jury.

Refusal Cases Settle on Credibility

Where someone refuses a breath or blood test, trials can become a contest of who the jury believes — the accused or the arresting officer. These cases sometimes proceed to trial if neither side is willing to back down.

Accidents with Serious Injury or Repeat Offenders

Collisions resulting in severe injuries, deaths, or involving drivers with prior DUIs may go to trial. Prosecutors may be unwilling to offer an advantageous plea deal because of how serious the case is. 

Collateral Consequences  

Defendants facing significant collateral consequences, like risking a professional license or worrying about immigration status, may not be willing to take a plea deal because of what that will trigger. They’d sometimes rather take their chances at trial.  

Defenses to a DUI 

Defending a DUI trial can feel overwhelming and intimidating. Knowing the process and the defenses available can help lessen the anxiety. Your lawyer will determine what defense makes the most sense for your case. However, there are some defenses that are important to be aware of.

Validity of the Traffic Stop 

Police officers have to follow certain rules for stopping cars. If you were pulled over without a lawful reason, the traffic stop might be suppressed. This means any evidence, observations, tests, and statements obtained after the stop would likely become inadmissible. 

However, suppression does not happen automatically in most cases. Your attorney will have to file a motion to suppress under Florida’s rules of Criminal Procedure, arguing that the stop was unlawful and so any evidence resulting from that stop is tainted.

Accuracy of Chemical Testing 

Breath tests and blood samples are not perfect. Whether it was a breathalyzer that malfunctioned, a blood sample that got mishandled, or something else, there may be ways to argue that the results are not reliable. If your lawyer can successfully make this argument, it’s much more difficult to prove that you were under the influence. 

Contradictory Police Statements

Your lawyer may also try to poke holes in the police officer’s storyline and methods. Video evidence from body cams or dash cams that contradicts police testimony or police reports can make the judge or jury question what really happened.

Whether a case goes to trial, the salient factor in determining the outcome of a DUI case is having an experienced Polk County criminal defense attorney who knows the local prosecutors and can negotiate a plea on your behalf — or defend you at trial.

Call Thomas C. Grajek, Attorney At Law, Today for a Confidential Consultation With a Polk County DUI Defense Attorney

Successfully challenging a DUI charge isn’t easy, but it’s possible with the right legal representation. If you or a loved one has been charged with a DUI in Polk County, Florida, the team at Thomas C. Grajek, Attorney At Law, is here to help. 

Contact us today to schedule a confidential case consultation with a Polk County DUI defense lawyer. We serve all areas in Lakeland, Polk County, and throughout Florida.

Visit our convenient location:

Grajek Criminal Defense Attorneys
112 E Poinsettia St
Lakeland, FL 33803
(863) 688-4606