Traits of an Ideal Juror for Your DUI Trial
If your DUI case goes to trial, your Sacramento DUI attorney will engage in the process of jury selection, choosing jurors on the basis of their ability to fairly weigh the facts of the case and apply the law. Certain types of personalities will be more beneficial to DUI cases, and your attorney will probably try to look for those personality traits when questioning jurors. Depending on the specifics of your case, your attorney will develop certain points to use for your defense and build your case around them, which will guide the things your attorney will look for during jury selection.
If you performed poorly on the standardized field sobriety tests prior to your arrest, the best jurors for your case will be the physically unfit. The overweight, the obese, the elderly, and people with chronic pain problems that hinder movement may be likely to sympathize with your poor performance and buy alternative arguments (other than intoxication) to your failing the tests.
Some cases may use the “rising blood alcohol” defense, which relies on the concepts that a chemical test obtained a period of time after driving does not accurately reflect what the driver’s actual BAC level was at the time of driving but instead only what the BAC level is at the time of the test. The contention is that the blood alcohol level at the time of the test may be higher than it was at the time of driving due to the time it takes for alcohol to be absorbed into the bloodstream. If your attorney goes with this defense, he or she may look for potential who have recently been sick or are getting over a cold and might be sympathetic to the effects of a condition that comes and goes and causes fluctuating effects on a person’s system.
Your defense will likely be different if you simply refused to cooperate with the officers and produce identification or take any sobriety tests. Perhaps it was out of confusion as to what was going on, in which case your Sacramento DUI attorney will look for jurors who are emotional and sympathetic, and who might accept that a driver would be overwhelmed by the chaos and activity of the scene.
If you have further questions as to how jury selection will work in your DUI case, contact dedicated Sacramento DUI attorney Param Pabla today for a free initial consultation.