Question: What is the difference between a bench trial and a jury trial in Texas?
Answer: Well, a bench trial is a trial before the judge. You ask the judge to decide the guilt or innocence of a person after hearing all of the evidence. A jury trial, you get six people, your peers, to decide whether there is enough evidence there too convict a person or not. In Texas, because most judges are elected, nearly all DWIs are tried to a jury, rather than to a judge. Unless there’s a certain technical issue that’s better to be determined by a judge than a jury. But the politics, it’s difficult to take the politics out of DWIs. And so the majority of the trials in Texas are held with a jury rather than a judge.