Selection of Jury in DUI Cases

 

If you are being tried for Driving under the Influence and are about to appear in court, then most attorneys will tell you the same thing; the selection of your jury is the most important part of your entire trial. This is because no matter how hard you try to defend yourself and no matter how well or how bad you are represented by your DUI attorney, the decision will depend on the jury and how they perceive your case.

 

This is why it is crucial for you to understand how a jury is selected and what would constitute a favorable jury for you. How your jury is selected and the number will depend strictly on your case as well as the state in which you are being tried. Basic misdemeanors will only require a small number of jurors while a serious felony will obviously require a larger number of jurors. Also, whether or not alternate jurors are allowed to be seated will also depend on your state and on the local custom. In some States like the state of California, 12 jurors will be selected for a DUI case while in other states only six jurors are allowed to sit in a DUI case.

 

As the defender of the case, never expect the perfect jury for your case. Nevertheless, in all of the states that allow jury trials for DUI cases, one thing is for certain; all of the jurors must be unanimous on the decision of conviction and that the prosecution has proved every element of the case against the driver beyond all possible doubt. Otherwise, if the entire jury is not unanimous then the driver cannot be proven guilty and is entitled to the verdict of not guilty. In other cases, when some of the jurors don’t agree with each other, then that is beneficial for the defense as well because that leads to a ‘hung jury’ and the charges are almost always dismissed.

 

The method for selecting the jury will also vary from state to state but usually 45-50 prospective jurors will be selected who then will be called to the court where the judge will indulge in some questions and answer session through which they will judge the impartiality of the jurors. In this selection process, the lawyers from both sides will also get an opportunity to talk to the jurors and make sure they are impartial.

Right before jury is brought in, the DUI lawyers will be handed a juror master list that the jury has filled out and they will have to analyze and synthesize this information as soon as possible. In response to their answers, the two parties will determine which of the jurors to keep, which jurors to challenge for cause and which to strike using a peremptory challenge.

 

As soon as the jury is finalized, they will be sworn in and in the case of alternate jurors; it will not be disclosed who is the alternate juror until after the case is closed. This is so that all the jurors pay attention before they are asked to deliberate. Remember, before you appear for your trial, it is very important for you to make sure you get a fair and impartial jury in order to protect your freedom and ensure an impartial deliberation.