Court upholds jury-trial
denial in DUI case

---

Star-Bulletin staff

The state Supreme Court has ruled that the penalties for a first-time charge of driving under the influence of drugs do not require a jury trail.

The case involves Kevin A. Sullivan, who was arrested Nov. 28, 1998, and demanded a jury trial that was denied by the Circuit Court, which ruled it was a "petty" offense.

Sullivan was tried before a judge in July 1999, convicted and sentenced to a 14-hour minimum drug abuse rehabilitation program, a 90-day license suspension, 72 hours of community service and a $400 fine.

Citing rulings by the U.S. Supreme Court, the state's high court said Monday that based on the maximum penalties, which include up to 30 days in jail, a first-time offense does not rise to the level of a "serious" offense under either the federal or state constitutions.

The state high court recalled that in 1990 the Legislature sought to avoid jury trials in DUI-alcohol cases by reducing the first-time offense jail time to 30 days, which also applied to DUI-drug cases.

However, the high court ruled it still constituted a serious crime with a right to a jury trial, prompting the Legislature in 1993 and again last year to spell out that its intent is not to give jury trials to first-time DUI-alcohol or -drug offenders.