The Jury Selection Process
Your Orange County DUI lawyer will do everything possible to ensure that your DUI trial goes smoothly and places you in the best possible light. Your lawyer’s objective throughout jury selection will be to identify jurors who are most likely to sympathize with your particular situation, given the details of your case.
- Poor Performance during a Field Sobriety Test
Putting it bluntly, your Orange County DUI lawyer knows that if your performance on the field sobriety tests was poor, individuals who are physically unfit, i.e. the elderly, the overweight, persons with back problems, etc., will most likely be the best jurors for your DUI case.Jurors of this type would most likely perform poorly on field sobriety tests themselves and will sympathize with your own poor performance.
- Cases with Rising Blood Alcohol
The concept that a blood alcohol test obtained some time after driving does not accurately reflect the driver’s actual blood alcohol concentration (BAC) at the time of driving is labeled a “rising blood alcohol” defense.It centers on the fact that the driver’s BAC at the time of the test may be higher than when the driving occurred because it takes time for alcohol to be absorbed into the bloodstream.During the time your body is still absorbing alcohol, your actual blood alcohol level will be significantly lower than your breath alcohol reading.If your Orange County DUI lawyer is using this defense, potential jurors who are just getting over a cold or feeling sick might be receptive to your case.Your attorney can equate the effects of alcohol on a person’s system with the comings and goings of a cold.
- Confusion Led to Refusal
Your Orange County DUI lawyer may base a defense on the premise that the defendant refused to cooperate,(refused to produce identification or take a test) as a result of confusion or by a deliberate act of libertarianism.If your attorney bases your defense on confusion you will seek potential jurors who would be able to envision how overwhelming all the activity at the scene of an accident is, and who would feel emotion and sympathy for the defendant.Quite often jurors with less life experience and education are desirable.Potential jurors who may assume that a driver should easily understand an officer’s instruction, and who seem cold and mechanical, should be avoided.This includes most military and law enforcement-oriented people.
If you would like to discuss your DUI case with a competent and experienced Orange County DUI lawyer, please contact Coffey and Coffey at (800) 706-7888.