Updated on January 11th, 2024 at 08:19 pm

Voir Dire Questions Related to Poor Field Sobriety Test Performance

During the process of jury selection for your DUI trial, your Milwaukee DUI defense attorney will question prospective jurors on their attitudes and beliefs regarding drunk drivers. This is done in order to weed out those who may have substantial biases against the case.

If at the time of your arrest, the police administered field sobriety tests, your attorney might find it pertinent to ask questions regarding field sobriety tests. Your attorney might ask the jurors to consider reasons why a person suspected of DUI might perform poorly on the sobriety tests. The conditions under which the tests are performed at the roadside can present problems for all DUI clients, as it might make them feel scared, overwhelmed, or nervous. It is interesting to note that these are the same feelings felt by many prospective jurors during the jury selection proceedings. If a juror is made aware of this, he or she may be able to empathize with the defendant.

Your Milwaukee DUI defense attorney might accomplish this by addressing a specific juror and asking about the field tests that were administered to you. Your attorney might ask if the jurors think they would be able to perform the same test right now in the courtroom. If so, your attorney might ask if they would be able to perform the test in the dark, at night, on the side of the road, with two police officers closely watching; your attorney might then ask the juror to explain his or her answer. If the juror answers in the affirmative, the attorney might question other jurors as to whether they agree with that assessment and ask them to explain their answers.

Your attorney might also ask a juror if parts of the field sobriety tests make sense. For example: “If you were trying to come up with a test to test a person’s ability to stay balanced, would you have him look at his feet while balancing on one leg, or would you have him look straight ahead instead?” This might make jurors think somewhat more critically about the field sobriety tests and their effectiveness.

If you have further questions about jury selection in your DUI case, contact an experienced Milwaukee DUI defense attorney from the law firm of Vanden Heuvel & Dineen. Simply fill out the form on this page to schedule a free initial consultation.