99 questions to weed out biased jurors in DUI cases

DUI DEFENSE – BIASED JURORS

Jury selection in a California DUI case is a process by which the judge and/or the lawyers for both parties question prospective jurors to determine if anyone has a pre-existing bias about issues related to drinking and driving that will prevent him or her from being fair and open-minded in deciding the case.

Depending on the facts of your case, your DUI lawyer will ask questions similar to those listed below, as part of the jury selection process. These questions may be asked of each individual juror orally, in open court, or they may be put in the form of a written questionnaire that all prospective jurors are asked to complete. The answers to these questions will help your DUI lawyer weed out jurors who may be biased against your case.

1. Are you or is any close friend or relative associated with any federal, state, or local law enforcement agency, personnel, or other government officer such as district attorneys or judges?
2. Have you or has any member of your family of close friends ever worked for or applied for a job with any federal, state, or local law enforcement agency?
3. Have you or has any member of your family ever wanted to go into law enforcement?
4. Have you or has any member of your family or any close friends ever been stopped, arrested, accused, or convicted of committing any crime?
5. Have you or has any member of your family or any close friend been a victim of any crime?
6. Do you or any member of your family do any type of civic, club, organizational or other volunteer work?
7. Do you or any member of your family or close friends belong to any organization such as Neighborhood Crime Watch, Crime Stoppers, Victims for Victims, or similar group?
8. What are your feelings about such organizations?
9. Are your presently, or have you ever been, a member of Mothers Against Drunk Drivers?
10. Please tell us your opinion about groups such as MADD.
11. Are you presently or have you ever been a member of AA, NA or any other similar group?
12. Please tell us your opinion about groups such as AA.
13. Have you, a family member or close friend ever have a bad experience with a drunk driver?
14. Have you, a family member or a close friend ever been stopped, arrested, charged or convicted of drunk driving?
15. How would you feel if one of your children was charged with driving under the influence?
16. What have you heard, read, or seen on television about the State law regarding driving under the influence?
17. Do you know anyone that has a drinking problem?
18. Have you ever had one or two alcoholic drinks and then driven a vehicle?
19. How many times per month do you have one or more alcoholic drinks?
20. Do you, your family members or close friends own a business that sells alcohol or alcoholic drinks?
21. Do you, any family member or close friends work for a business that sells alcohol or alcoholic drinks?
22. Do you think club owners, club employees, or store employees should be legally responsible for determining if a person has had too much to drink?
23. Some people feel it should be against the law to have one or two alcoholic drinks. Other people feel that if you have any alcoholic drinks and then drive a vehicle it should be against the law. What is your opinion?
24. If the state proved that the accused had been convicted of driving under the influence on more than one prior occasion, would that fact influence your decision of whether the accused was driving while intoxicated on this occasion?
25. Have you, any family members, or close friends ever served on a jury for a case involving driving while intoxicated?
26. Have you, any family members, or close friends ever been a witness in a case of driving while intoxicated?
27. The State has charged the accused with DUI — driving under the influence. To vote for a verdict of not guilty, would you require the accused to present evidence or testimony?
28. If the state presented witnesses who said the accused was driving under the influence and then you saw a videotape taken shortly after his arrest which created a reasonable doubt, would you vote not guilty?
29. Would you consider probation for a person who has been convicted of driving under the influence two prior times?
30. Do you drink alcohol?
31. Do you belong to a church or any other group that is against drinking alcohol?
32. How do you feel about people who drink alcohol?
33. Some people believe certain races have a more difficult time handling their liquor than others. What do you think about that?
34. Have you ever been the object of a racist or prejudicial comment?
35. What are some of the reasons a person would continue driving after an accident?
36. Have you ever left the scene of an accident?
37. Have you ever been hit by a car that left the scene of the accident?
38. Have you ever heard the term “out on your feet”? What does that mean to you?
39. Have you ever seen a person after an accident? Describe how the person acted.
40. What are some of the reasons a person’s eyes might be bloodshot?
41. What are some of the reasons a person’s speech might be slurred?
42. What are some of the reasons a person would be unsteady when he walks?
43. What are some of the reasons a person would stagger when he walks?
44. What does “mentally impaired” mean to you?
45. What are some characteristics of a mental impairment?
46. What does “physically impaired’ mean to you?
47. What are some characteristics of physical impairment?
48. Do you think a person can drink one or two drinks and still have the normal use of his mental and physical faculties?
49. Have you ever had one or two beers at a friend’s house and then driven home?
50. Did you have the normal use of your physical and mental faculties?
51. If you were pulled over by a policeman in that situation, in your opinion, would you be guilty of driving while intoxicated?
52. What are some reasons why a person would refuse to take an Intoxilyzer test?
53. Do you think the Intoxilyzer can be accurate?
54. Do you think a person accused of driving under the influence (DUI) should be able to choose which test is administered?
55. If the person accused of driving under the influence volunteers to pay for the test of his choice, should he be able to choose which test is administered?
56. What are some reasons law enforcement officers would choose not to videotape a person charged with driving while intoxicated?
57. Have you ever jumped to a conclusion about something and later you found out you were wrong?
58. Do you believe that a police officer could jump to a conclusion and be wrong?
59. Have you, a family member, or close friend ever been injured by a drunk driver?
60. How would you feel if you were falsely accused of drunk driving?
61. What are some reasons a person might not testify in his own defense?
62. What are your thoughts about street people?
63. Do you think alcohol is a drug?
64. Do you think alcohol should be illegal?
65. Do you think alcohol makes a person less inhibited?
66. Do you think alcoholism is a disease?
67. Some people say alcohol is physically addictive, some people say it is psychologically addictive, some people say it’s both, and some people say it’s not addictive. What do you think, and why do you feel that way?
68. Do you think alcoholism runs in families?
69. At what age do you think it is appropriate for a person to be able to purchase liquor?
70. What age do you think it should be legal for someone to enter into a bar?
71. Some people think it’s okay for high school students to drink with adult supervision. They figure that teenagers will do it anyway, and it is better than doing it without supervision. How do you feel about that?
72. Some doctors say that a little alcohol is good for you. Do you agree or disagree?
73. Some people think it is better to drink beer or wine instead of liquor. What do you think?
74. Do you think people are drinking more or less than they used to?
75. How do you feel about musicians and actors appearing in different types of advertisements for alcohol?
76. What are some reasons you think a person would drink?
77. Have you ever had a drink because you were happy or celebrating?
78. Have you ever had a drink because you were upset?
79. Do you ever drink with meals?
80. What do you consider too much to drink?
81. What do you consider too much to drink and drive?
82. Do you think men or women are more inclined to become alcoholics?
83. How do you feel about a woman who drinks?
84. How do you feel about a pregnant woman who drinks?
85. How many drinks do you think it takes for the average person to become tipsy?
86. Do you think some people have a greater tolerance for alcohol?
87. Do you think that a person who drinks alcohol would be more likely to use illegal drugs than a person who does not drink?
88. What are some reasons a teenager might drink?
89. Do you think kids today have it tougher than they used to?
90. Do you think women today have it tougher than they used to?
91. Have you ever driven and realized later that you had probably had too much to drink?
92. Have you ever stopped someone from driving because he or she had too much to drink?
93. Have you ever been stopped from driving by someone else who felt you had too much to drink?
94. Have you ever been driving and seen another car on the road whose driver appeared drunk?
95. How do you feel about mandatory drug testing?
96. How do you feel about law enforcement’s strategy of setting up road blocks to find drunk drivers?
97. What do you think the appropriate punishment would be for a first time offender of driving under the influence?
98. What do you think the appropriate DUI punishment would be for a repeat offender?
99. Tell us anything else about yourself that you think we should know.