What happens at a DUI jury trial in Palm Beach County?

Most people charged with DUI have never been inside a courtroom during a trial, and the unknown is part of what makes the decision hard. This page walks through a Palm Beach County DUI jury trial in the order it actually happens, using the Florida Rules of Criminal Procedure in effect October 1, 2026, the standard jury instructions, and the Fifteenth Judicial Circuit's own published orders and division instructions. How a DUI case is defended before it ever reaches trial is on our main DUI defense page.

Do I have a right to a jury in a DUI case?

Yes. Section 316.1934(4) says that any person charged with DUI "is entitled to trial by jury according to the Florida Rules of Criminal Procedure." Rule 3.251 adds that the accused has the right to "a speedy and public trial by an impartial jury in the county where the crime was committed," and Article I, section 22 of the Florida Constitution says the right of trial by jury "shall be secure to all and remain inviolate." A defendant may give up the jury and have the judge decide the case, but only in writing and "with the consent of the state" (Rule 3.260).

A misdemeanor DUI is tried by six jurors. Section 913.10 and Rule 3.270 both say twelve jurors try capital cases and six try "all other criminal cases." The verdict must be unanimous: Rule 3.440 says "No verdict may be rendered unless all of the trial jurors concur in it."

Where is a Palm Beach County DUI tried?

Palm Beach County's county criminal cases are split into four regions by the Fifteenth Judicial Circuit's Administrative Order 4.603: north (Palm Beach Gardens), south (Delray Beach), west (Belle Glade) and central (the main courthouse at 205 North Dixie Highway, West Palm Beach). Arraignments and early hearings happen at the regional courthouse, which for Boca Raton, Delray Beach and Boynton Beach is the South County Courthouse described in what to expect at the South County Courthouse in Delray Beach.

Trials are different. The State Attorney's office for the Fifteenth Circuit says on its office divisions page that "Misdemeanor cases requiring a jury trial are administered at the main Courthouse in downtown West Palm Beach," and that "If a jury trial is requested, those cases are transferred to the main Courthouse." The same page reports more than 200 misdemeanor trials in 2022, about 95 percent of them jury trials, and about 2,500 DUI cases prosecuted that year. Parking, security and the Clerk's rooms in that building are covered on our page about the main Palm Beach County courthouse. The courts and jail are summarized on our Palm Beach County courts page.

What happens at a DUI jury trial, step by step?

1. Pretrial hearing and motions. Each county criminal division publishes its own instructions. Division B's, for example, say the defendant must be present at the pretrial hearing, that the court sets the jury trial date along with the pretrial date, and that "All pretrial motions shall be filed, set and heard prior to the Court's pretrial hearing." A motion to suppress evidence belongs here, before trial; see whether evidence can be thrown out in a Florida DUI case.
2. Docket sounding or calendar call. The Fifteenth Circuit's Trial Division (Division TD), which presides mainly over civil and criminal jury trials referred by division judges, requires in criminal cases that "All parties including the Defendant must be present in person on the first morning of the designated trial period for a Docket Sounding (usually a Monday unless holidays or other conflicts exist) at 8:30 am. in Courtroom 10A." Its instructions say the court "generally does not set date-certain trials" and that parties and witnesses "are expected to be available during the entire trial period." As of October 25, 2026, the top of Division TD's page says that, except for cases specially set by the court, the Trial Division "is temporarily suspended until further notice," so the assigned division's own instructions may govern the trial setting; Division B's, for example, say the court sets the jury trial date along with the pretrial date.
3. Order of trials. Division TD orders criminal trials "by evaluating speedy trial, defendants in custody, case age, retrials, or any other special considerations," and says the order may be posted on its webpage the Thursday before the trial period. The 90-day speedy trial period for a misdemeanor under Rule 3.191(a) is explained in the Florida speedy trial deadlines.
4. Jury selection. The circuit's Administrative Order 2.402 sets a standard panel of 16 prospective jurors for DUI cases. Jurors take an oath to answer truthfully, and both the prosecutor and the defense lawyer have the right to question them orally (Rule 3.300). Division TD's instructions allow each side up to 20 minutes of questioning in county court cases unless more is approved. Jurors can be challenged for cause, and in a misdemeanor each side has three peremptory challenges (Rule 3.350(a)(3)). The judge may seat alternates (Rule 3.280).
5. Oath and preliminary instructions. The six jurors swear to "well and truly try the issues" and "render a true verdict according to the law and the evidence" (Rule 3.360). The judge then gives preliminary instructions on how the trial will run; standard instruction 2.1 tells jurors that the charging document "is not evidence."
6. Opening statements. Each side may give an opening statement about the evidence it expects. Instruction 2.1 tells jurors that "What the lawyers say is not evidence."
7. The State's case. The State calls the arresting officer, often a breath test operator, and plays any video. A breath affidavit can come in under section 316.1934(5), but the defense keeps the right to subpoena the person who ran the test. The judge may allow jurors to submit written questions for witnesses (Rule 3.371). How the breath machine must be operated is covered in Florida breath test rules.
8. Motion for judgment of acquittal. At the close of the State's evidence, the defense may ask the judge to enter a judgment of acquittal if the evidence "is insufficient to warrant a conviction" (Rule 3.380(a)). The motion can be made again at the close of all evidence.
9. The defense case. The defense may call witnesses or present none; the jury is told the defendant is not required to prove anything. Whether the defendant testifies is the defendant's choice, and the prosecutor may not comment on a decision not to testify (Rule 3.250).
10. Closing arguments. The prosecutor gives an initial closing and a rebuttal, with the defense closing in between (Rule 3.381).
11. Jury instructions. The judge reads the law, orally and in writing, and the jurors take a written copy into the jury room (Rules 3.390(b), 3.400(b)). Except in capital cases, the judge "shall not instruct the jury on the sentence" (Rule 3.390(a)).
12. Deliberation and verdict. The jurors choose a foreperson (Rule 3.391), may ask for testimony to be read or played back but not for transcripts (Rule 3.410), and return a unanimous verdict (Rule 3.440).
13. After the verdict. A not guilty verdict ends the criminal case, and FLHSMV must invalidate a suspension for an unlawful breath or blood level when the person is found not guilty at trial (s. 322.2615(16)). After a guilty verdict, a motion for new trial may be made within 10 days (Rule 3.590(a)), and the court holds a sentencing hearing (Rule 3.720).

The trial at a glance

What does the jury have to decide?

Florida Standard Jury Instruction 28.1, updated October 9, 2026, lists two elements: that the defendant drove or was in actual physical control of a vehicle, and that while doing so the defendant was impaired by alcohol or a controlled or chemical substance, or had a breath or blood alcohol level of .08 or more. "Normal faculties" are defined to include the ability "to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies." What actual physical control means is explained in whether you can get a DUI in a parked car.

If the jury finds guilt, it may also be asked to decide whether the level was .15 or higher or whether a passenger under 18 was in the vehicle, because those facts raise the penalties under section 316.193(4). Instruction 3.7 tells jurors to presume the defendant innocent and explains reasonable doubt, and instruction 3.10 reminds them that "It is the judge's job to determine a proper sentence if the defendant is found guilty."

What changes the answer?

• Programs that end before a jury demand. The Palm Beach County State Attorney's first-time DUI program sheet says its plea "must be entered prior to the filing of any defense motions, demands for discovery, or demands for jury trial." The choice between that path and a trial has to be made early; see the Palm Beach County first-time DUI program.
• A felony DUI. A felony DUI is still tried by six jurors, since it is not a capital case (s. 913.10), but each side has six peremptory challenges instead of three (Rule 3.350(a)(2)).
• Prior convictions. The comments to instruction 28.1 say that if a jury finding is required on the timing of a prior conviction, the allegation "should not be read to the jury" and the trial must be bifurcated.
• The license review. Rulings of FLHSMV in the license case are not considered at the DUI trial (s. 316.193(10)), and the formal review is a separate hearing, described in the DUI formal review hearing.
• The division. Each county criminal division publishes its own instructions on trial days, motions and pretrial hearings, so the exact sequence depends on the assigned judge.
• A conviction. If the jury convicts, the court must adjudicate guilt; a withhold of adjudication is not allowed for DUI (s. 316.656(1)). The penalty ranges are in Florida DUI penalties.

A worked example

For example, imagine a hypothetical driver arrested in Delray Beach whose breath result was 0.09 and whose roadside exercises are disputed on the video. Her arraignment is at the South County Courthouse. Her lawyer files a demand for discovery, which, under the first-time program sheet, takes the program off the table, and later files a motion to suppress that the division judge hears before the pretrial hearing. When the motion is decided and the case does not resolve, it is sent for trial at the main courthouse. On the first morning of the trial period she appears for docket sounding and waits on call. When her case is reached, a panel of about 16 prospective jurors is brought in, six are seated, and the State calls the officer and the breath operator. Her lawyer moves for judgment of acquittal when the State rests, and the jury later deliberates with a written copy of the instructions. The person, the facts and the sequence are invented to show how the rules fit together, not a client's case or a forecast of any outcome.

Common mistakes people make

• Assuming the trial happens at the courthouse where the arraignment was; in Palm Beach County, misdemeanor jury trials are handled at the main courthouse.
• Planning only for one trial day; trial periods often require being available for the whole period.
• Missing docket sounding or a pretrial hearing where the defendant's presence is required. Our page on whether you have to go to your arraignment explains which dates need you in person.
• Demanding a jury trial without first weighing whether a diversion program was available.
• Talking about the case with anyone who might be a juror, or posting about it online.
• Expecting the jury to hear about the license hearing; it does not.

What to do this week

1. Find your next court date and the division letter on the paperwork.
2. Ask your lawyer whether your division holds a pretrial hearing, a calendar call or a docket sounding, and which ones require you in person.
3. Block the whole trial period on your calendar, not just one day.
4. List witnesses who saw you before the stop, with phone numbers.
5. Gather receipts, phone records or texts that show the timeline of the night.
6. Decide with your lawyer, before any jury demand, whether a program or a resolution should be considered; the options are in whether charges can be dropped before trial.

Frequently asked questions

How long does a DUI jury trial take?

No rule sets a length. Division TD's instructions say the next case should be ready to pick a jury the day after the prior trial concludes, and that cases not reached during the trial period are returned to the referring division.

Can I watch a trial before mine?

The Fifteenth Circuit's Live Jury Trials page says jury trials "may be viewed via Zoom webinars or listened to by phone," and posts a schedule by division. Trials are also public under Rule 3.251.

Will the jury hear that I refused the breath test?

Section 316.1932(1)(a) says a refusal "is admissible into evidence in any criminal proceeding." How it is presented, and what the jury is told about it, is decided by the judge in each case.

Do I have to testify?

No. Under Rule 3.250 the accused may choose to testify, cannot be compelled to, and the prosecutor may not comment on the choice not to testify.

Who decides the sentence?

The judge. Rule 3.390(a) bars instructing the jury on the sentence in a non-capital case, and Rule 3.720 provides for a sentencing hearing after a finding of guilt. The probation that comes with every DUI sentence is explained in the conditions of DUI probation in Florida.

Can I have the judge decide instead of a jury?

Only with a written waiver and the State's consent (Rule 3.260). A lawyer can explain whether a bench trial makes sense for the issues in your case.

How can Mr. Mead help?

Mr. Mead has more than three decades of criminal defense in South Florida. He can review the video, the breath paperwork and the reports with you, explain each decision point from the first program deadline to docket sounding, and represent you at every hearing and at trial in Palm Beach County and the other counties he serves. Every case is different, and no result can be promised. The consultation is free, and you can call 24 hours at (561) 362-6677.

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