DWI Jury Trial Selection
There are two types of trials you may face if you are charged with driving while intoxicated (DWI): a bench trial or a jury trial. In a bench trial, the judge decides the case, whereas 6 to 12 jurors determine the outcome of a jury trial. Most DWI attorneys consider jury selection the most important aspect of a jury trial. After all, no matter how good the defense attorney is, it is hard to win a case if the jury consists of people who are already biased against anyone who drives under the influence. Therefore, the goal during jury selection is to choose a fair and impartial jury. It is important that the jurors come in without bias or prejudice towards one side.
During jury selection, 40-50 prospective jurors will be brought into the courtroom. The jurors will then be “sworn in,” meaning they agree to tell the truth when asked a question.
In some cases, the judge may wish to time qualify the jurors. To do so, the judge will tell the prospective jurors how long the case is expected to last, and ask if anyone has any conflicts that would not allow them to sit on the jury.
Then, a group of at least 12 prospective jurors will be called to the front to answer questions. These questions are often listed on a board at the front of the court room. If a prospective juror appears biased, he or she can be challenged “for cause.” However, the judge may ask if the prospective juror can act in a fair and impartial manner. If the prospective juror says yes, he or she cannot be relieved for cause.
Next, the defense and prosecution question the prospective jurors. After questioning the jurors, the attorneys meet with the judge to discuss challenges for cause. These challenges are limitless, but the attorney must prove that the juror could not be fair or impartial to the defendant.
The attorneys may then make preemptory challenges. This means that each side may excuse a certain number or jurors. The attorneys make their decisions in an alternating sequence, with the prosecutor normally going first. After the jury is selected, the judge then selects the alternate jurors.
To learn more about DWI jury trial selection, contact an experienced defense attorney in your area today.
