Ideal Jurors in DUI Cases

Posted on July 31, 2014

DUI Case

As you approach your trial date, your Redwood City DUI lawyer will likely discuss the important role of the jurors in your case. There are significant differences in DUI cases based on alcohol and those based on drugs that your Redwood City DUI attorney can explain and how these differences relate to getting ideal jurors on your case.

Refusal

If you refused to cooperate with the officer that pulled you over because you believed you had the right to refuse, your Redwood City DUI lawyer will try to get jurors who prioritize individual liberties, who may have trouble trusting authority figures or who think that the government is overly involved in their lives.

Drug Cases

Unlike DUI cases involving alcohol, there is not a specific amount of drugs that must be in a person’s system in order for him or her to be convicted of DUI. Instead, these cases are based upon the opinions and perceptions of law enforcement officers and the jurors who hear the case, rather than a particular concentration of the drugs.

Searching for Ideal Jurors

One of the primary goals for your attorney during jury selection in your DUI case is to identify those individuals who will not simply accept the police officer’s testimony. The ideal juror in this type of case will have an open mind and give as much credibility to a defendant as to a police officer. Additionally, these jurors should be able to freely think for themselves. Your attorney will have to gauge the potential helpfulness of having certain jurors on the jury during the voir dire process and learn if any of the jurors have a particular bias regarding drugs so that your attorney can try to eliminate these individuals.

Potential Jury Questions

Because jurors must understand the difference between you using an illegal drug and being under the influence of it, your attorney may ask a variety of questions, such as:

  • Do you understand that the defendant’s use of a drug is not at issue in this case?
  • If you discovered that the defendant used a drug but his driving was not impaired, would you be able to find him “not guilty?”
  • Will your decision in this case be at all affected if you learn that the defendant used marijuana?
  • Do you understand that the prosecutor is only bringing forth DUI charges and not drug charges?

Contact Silveira Law at (415) 795-3890 for help in your case.