Jury Selection

Jury selection is a crucial aspect of taking any California driving under the influence case to trial. A skilled DUI / DWI criminal defense attorney from The Kavinoky Law Firm has the experience needed to ensure that fair, impartial jurors are seated in every client's case.

California criminal cases involve 12 jurors along with one or two alternates. In order to convict a defendant of drunk driving, the jurors must unanimously agree that the prosecutor has proved each element of the case beyond a reasonable doubt. If any reasonable doubt of the defendant's guilt exists, the driver is entitled to a verdict of not guilty.

If the jurors cannot agree on a unanimous verdict, there will be a hung jury, and the case is dismissed. Even though it is not a "not guilty" verdict, a hung jury is still a win for the defense. The prosecutor may choose not to refile the case. Just one juror must be convinced of the weakness of the prosecution's case to achieve a hung jury.

During jury selection, a pool of potential jurors is sent to the courtroom. The clerk of the court will the swear the panel in, meaning that the jurors will stand, raise their right hands, and take an oath to truthfully answer questions that the lawyers ask them about their ability and qualifications to serve as jurors. For speedy trial purposes, this is also when the trial begins.

The judge typically "time-qualifies" the potential jurors, which means he tells them what type of case it is, how long it is expected to last - DUI cases typically last from three to four days - and asks about conflicts that would prevent any juror from serving in a DUI / DWI trial.

At that point, a group of prospective jurors will be called at random and seated in the jury box. The judge typically asks each juror to answer a number of questions listed on a bulletin board at the front of the court, such as where they live, their occupations, whether they are married or have children, whether they have ever served on a jury before, and if so, what type of case it was, and whether the jury was able to reach a verdict.

The potential jurors are asked to fill out questionnaires that give the judge and attorneys an idea of whether a juror can be fair and impartial. The judge may ask each juror to answer the questions out loud, and to elaborate on any answers if necessary. If any answers suggest that the juror is biased or cannot be fair, that individual can be challenged "for cause."

It isn't easy to have a juror excused for cause, because even when the individual seems biased - he or she may have a relative who is a police officer or been struck by a drunk driver - the judge will usually ask the potential juror if he or she can put aside those feelings and be fair to both sides. If the juror indicates that's possible, he or she will not be excused for cause, even if fair and impartial service seems impossible to observers.

Once the judge has had a chance to question the potential jurors, the lawyers for both sides are given an opportunity to speak to them. This is a critical aspect for the defense in a DUI / DWI jury trial, because it is the first opportunity for a defense lawyer to connect with the jurors and build a rapport with them. It's crucial for a DUI defense attorney to make a good first impression and get the jurors to like him or her, which helps them to like the client.

There are typically strict time limits on how long the attorneys can ask the potential jurors questions, so it is important to take advantage of this time by planting some key issues in the jurors' minds that can be elaborated upon in opening and closing statements.

Once both the defense and prosecution have questioned the potential jurors, the judge gives the lawyers the opportunity, outside the presence of the jurors, to make challenges for cause.

The judge will then ask each attorney whether wants to use any of their preemptory challenges. Each side takes turns, usually beginning with the prosecutor. In California, a criminal defense attorney gets only 10 preemptory challenges. Jury selection is complete when both attorneys accept the 12 people who are in the jury box, or when both sides run out of preemptory challenges.

A skilled California attorney with experience defending drunk driving cases knows how critically important jury selection is in a DUI / DWI case, and will use that knowledge to connect with jurors, introduce important issues, and make a good first impression on behalf of a client charged with drunk driving.