Updated on May 9th, 2018 at 08:11 pm

Jury Selection Issues in Your DUI Case

If you have been arrested for DUI and your case is going to trial, you may be concerned with the issue of jury selection.  An experienced Milwaukee DUI attorney knows how critical it is to pick the right jurors who are free of bias and, ideally, are open-minded and somewhat sympathetic.  Depending on the facts of your case and how your attorney is planning to defend you, there are several angles your attorney could take that affects the type of jurors for which your attorney will look.  These are some of the issues that may be present in your case:

Your performance in the field sobriety tests may come up.  If you demonstrated poor coordination or mobility in the test, the jurors most likely to sympathize with your case will be the physically unfit: those who are overweight and have mobility issues, the elderly, and people who have chronic back problems are more likely to know that they would perform poorly on the field sobriety tests as well.

If the results of your blood-alcohol test are going to be used as evidence, your Milwaukee DUI attorney may try to use the “rising blood alcohol” theory, which is that a blood-alcohol test performed several hours after driving will reflect a higher blood-alcohol level than it actually was beforehand, due to alcohol taking time to be absorbed into the bloodstream.  People who have recently been sick and getting over a cold may be particularly receptive to this defense, as your DUI attorney may try to draw a comparison between the fluctuating symptoms of a cold and the variable effects of alcohol in your system.

If you were asked to perform certain tests or produce identification during your arrest and you refused, your Milwaukee DUI attorney may try to portray your refusal as a result of the confusion and chaos of the situation that left you unable to fully understand what was going on.  Jurors who are easily swayed by emotion and sympathy are more likely to agree with this defense, as they might easily imagine that you could be overwhelmed by all the activity.  Jurors with less education level might work for this, but jurors who are well-educated or have a military or police background are not likely to be sympathetic to this argument.

If you have questions about how to prepare for the trial of your DUI case, contact an experienced Milwaukee DUI attorney at the law firm of Vanden Heuvel & Dineen today to schedule a free consultation.