On This Page
Fact Checked
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Rabin Nabizadeh who has 20 years of legal experience as an attorney. Our last modified date shows when this page was last reviewed.
Sample DUI jury selection questions
Jury selection is the process by which your DUI lawyer will question the prospective jurors in an effort to weed out anyone who will not be fair and impartial in deciding your case. A general goal of this questioning process is to encourage the jurors to open up. “Yes or no” questions will not work. Instead, your DUI lawyer will ask open-ended questions that require the jurors to talk about themselves and their experiences and opinions. In talking, they may reveal a bias against your case. Another goal of the jury selection process is to introduce the jurors to your case theme and to begin telling your story.
What follows are several categories of jury selection questions for DUI cases, and typical responses to those questions. Some of these categories may not fit the facts or circumstances of your particular case, but this will give you a good overview of the important defense issues in most DUI cases and the potential areas of inquiry your DUI lawyer might explore.
Depending on the facts of your case, your DUI lawyer may ask questions similar to those on this page as part of the jury selection process. These questions may be asked of each individual juror orally in open court or submitted as a written questionnaire that all prospective jurors are asked to complete. The answers help your DUI lawyer identify and remove jurors who may be biased against your case before the trial begins.
General fitness to serve as a DUI juror
A DUI juror’s most important job is to listen carefully to the testimony that is given because a verdict can only be based on the evidence. The following series of questions will encourage the potential jurors to open up about aspects of their personal lives that may distract their attention from the testimony.
Q: Listening carefully for an extended period can be very difficult. This is especially true when our minds are distracted. The problem with a jury trial is we expect that you will listen all the way through and not miss anything that happens here in the court room. We all have busy lives, and I’m interested in learning if whether or not any of you have anything in your lives right now that may be distracting to you. Among the potential jurors in a recent jury selection was a father who was expecting. The baby was coming any time. His wife was ready to deliver. He explained that he really was too distracted to be a good juror, and so, he was excused. So my first question is, do any of you have any sick loved ones at home that you care for?
A: [Raised hand.] My mother lives with us and she’s suffering from early dementia. I worry about her a lot, and I care for her when I’m at home.
Q: I’m sorry to hear that. I imagine that can be very difficult at times?
A: Yes.
Q: Who will be caring for her if you’re not there?
A: There’s a nurse who comes to our home when I’m not available.
Q: I know when my father was sick it was often hard for me to think of anything else. It definitely had an impact on my concentration. I’m only guessing, but has your mother been on your mind this morning, maybe even as we started jury selection?
A: Yes, she has. My mother doesn’t always get along well with the nurse, and I keep thinking I’d like to call home to see how she’s doing.
Q: If you weren’t here, how often do you think you would call home?
A: Probably every hour, hour-and-a-half. It depends, but without being able to call, she certainly will be on my mind.
Q: I know you want to do your civic duty and serve as a juror, but do you think this might not be the best time in your life for you to serve?
A: It’s not, but I didn’t think I could say “no.”
Q: Do I understand you to say that in fairness to Jim (the defendant), you’re probably not the best juror for this case?
A: I would certainly try to pay attention and do my job, but I just can’t say for sure that I won’t be thinking about what’s happening at home during the trial.
Q: And while you’re thinking of your mother, do you think you might miss some of the testimony?
A: It’s certainly possible.
Your DUI attorney also may ask similar questions regarding other common distractions, including (1) medications the juror is taking that might impact his or her ability to concentrate; (2) illnesses the juror suffers from that might impact his or her ability to concentrate or stay awake or sit for long periods of time; (3) young children at home; and (4) looming work deadlines.
Alcohol use
Many people have very strong and very negative feelings and opinions about alcohol consumption. One effective way for your DUI lawyer to uncover these opinions is to ask jurors if they serve alcohol in their homes. For example:
Q: Mr. Jones, do you keep alcohol in your home?
A: Yes.
Q: Can you tell me a little bit more about this, such as the type of alcohol, where it is kept, and so forth?
The answer to this question will reveal a great deal about how this juror views alcohol. For example, there may be a big difference between the juror who keeps some beer or wine in the refrigerator and the juror who has a fully stocked bar in his home.
Q: When was the last time you served alcohol to someone in your home?
A: Last night. I had some friends over and we watched the game.
Q: After the game, did you allow your friends to drive home?
A: Yes.
Q: Mr. Jones, have you ever consumed alcohol and then driven a car?
A: Yes.
Q: And were you able to drive safely?
A: Yes.
Your DUI lawyer may be able to come up with other scenarios that will help jurors share their feelings about alcohol consumption. If, for example, the juror has marriage-age children, your DUI lawyer might ask if alcohol was served at the wedding.
Just because a person does not drink alcohol does not automatically make him or her a biased juror in a DUI trial. An experienced DUI attorney will ask follow-up questions to learn why the prospective juror does not drink alcohol. It may simply be due to a medical condition and not because he or she has a negative opinion about alcohol consumption.
DUI Defense
DUI Lawyers Near You
Start Building Your Defense
Many people are resigned to giving up without a fight. Some assume a DUI has a fixed penalty like a speeding ticket and will simply fall off a record after a number of years.
Contact us today to schedule a free consultation.
Experienced, Dedicated & Battle-Tested Bay Area Defense Attorneys
Summit Defense is Northern California’s largest exclusively Criminal Defense Law Firm. Our Bay Area criminal defense attorneys are all highly experienced, aggressive and battle tested. We have taken much care in putting this team together in an effort to provide you with the best legal team in the bay area.
About the Firm
Field sobriety tests
In most drunk driving cases, the prosecution will rely on the observations of the arresting officer, including his or her observations about your performance on any field sobriety tests conducted at the roadside and any chemical tests that may have been conducted. Your DUI lawyer will explore these issues during jury selection by asking questions that reveal the inherent limitations of the officer’s observations. A good way to do this is to ask questions that allow the jurors to stand in your place and imagine how they might perform on similar tests. For example:
Q: Mr. Smith, if I were to ask you to step out of the jury box, walk over here and stand on one leg, would you be able to do so?
A: No, I don’t think so.
Q: Why not?
A: Well, first of all, I’d be very nervous, and secondly, I’m just not all that coordinated.
Q: Ms. Jones, if I placed a 2×4 here on the floor and asked you to walk nine steps on top of it, heel-to-toe, could you do that?
A: I could probably do okay on that one.
Q: Fair enough. What if I took the same 2×4 and suspended it between two tall buildings?
A: No way. I couldn’t do that.
Q: Why the difference?
A: Well, I’d be too nervous about falling. I’d be scared and my nerves would affect my ability to do that. I wouldn’t be nearly as nervous here in the court room.
Q: So, do you agree that your ability to perform these tasks might be impacted by the conditions or the environment?
A: Yes, absolutely.
Q: Mr. Smith, do you agree or disagree with Ms. Jones?
A: Yes.
Q: Ms. Little, do you think being pulled over at night and having several cops wearing guns and giving you orders and instructions would make you nervous.
A: I’d be terrified.
Q: Might that impact your ability to remember and perform?
A: It certainly might.
This line of questioning will help the jurors quickly understand that there are many things, besides the consumption of alcohol, which might have an impact on one’s ability to perform the so-called field sobriety tests at the roadside.
Chemical testing
An effective way for your DUI lawyer to educate the jurors about the fallibility of chemical testing is to engage one juror — a person who has already disclosed to the prosecutor or the court that he or she has a prior DUI conviction — in the following exchange:
Q: Mr. Smith, you told the government lawyer that you’ve been convicted of DUI; may I ask if you stood trial on that case?
A: No.
Q: Did you take a breath or blood test in that case?
A: I took a breath test.
Q: So, before you plead guilty, did your attorney discuss with you any of the reasons that your test result may have been wrong?
A: [Typically] No, the only thing he did really was tell me I should plead guilty.
Q: So, if I could show you today that in fact your test result was probably wrong, what would think about your conviction?
A: I’d be pretty upset about it!
Q: And if there was a problem with the breath test in this case, say the police didn’t follow the rules, do you think it would be the judge who should do something about it?
A: Yes, that doesn’t seem right, so I think it would be the job of the judge.
Q: Well, what would you think if you learned that only a jury can do that; what I mean is, only a jury can decide what to do if the police didn’t follow the rules?
A: I’d think maybe I should have gone to trial on my case.
When your DUI lawyer questions a prospective juror in this manner, it lets the entire jury panel know that problems with DUI breath tests and DUI blood tests can arise, and that it is up to them, and not the judge, to respond to these problems. It also teaches the jury panel that just because the judge allows a DUI test result into evidence does not mean that the judge is vouching for the reliability of the result. Finally, an exchange like this with a target juror helps the entire jury panel understand why they are being asked to spend their time hearing a “cut-and-dried” case like drunk driving.
DUI defendant not testifying at trial
One of the most difficult decisions your DUI lawyer will have to make is whether or not to put you on the stand to testify at your trial. In most DUI trials, the defendant does not testify; however, the jury selection process can help your lawyer learn how the potential jurors feel about this issue and, more importantly, give your DUI lawyer an opportunity to educate the jurors about the many reasons a defendant may choose not to testify. Consider this line of questioning:
Q: It is said that public speaking is one of the greatest fears we share, and I can tell you that no matter how many times I do this, I still get nervous. That’s why I keep drinking water, because my mouth gets dry, and I get those butterflies in my stomach. Is there anyone here today who does not feel at least a little bit nervous?
A: [No hands raised].
Q: Mr. Smith, when the judge was asking you questions, were you feeling nervous?
A: Yes, I was.
Q: Why was that do you think?
A: I’ve never been in a court room before, and I didn’t want to say anything wrong. I wasn’t sure exactly what was expected of me.
Q: What if you were sitting here [pointing or gesturing to the witness stand] and she [pointing at the prosecutor] was asking you questions, do you think that might make you nervous?
A: [Laughing nervously] Yes. That would make me very nervous.
Q: If you were on the witness stand being cross-examined, would you be worried about anything then?
A: I’d be worried that my words would get turned around, that I might get mixed up.
Q: Is there anything else?
A: Well, I’d be worried I wouldn’t be believed.
Q: What if Jimmy here decides, based on my advice, not to take the stand; what would you think of that?
A: I’m not sure.
Q: Can you think of any reason why he might not want to take the stand?
A: The reasons I just gave you for starters.
Q: Now, you’re not on trial here, and yet you said you’d be nervous. Do you think you’d be even more nervous if you were Jimmy and your fate was about to be decided?
A: Yes, I do.
Q: And do you think all those nerves while been cross-examined by the prosecutor might impact on how you were perceived by the jury.
A: I would probably be worried that my nervousness would be interpreted as me not telling the truth.
Q: So, if you were on trial here, do you think you would want to take the stand?
A: Not if I could help it.
Your DUI lawyer could use a similar line of questioning to explain to the jury the difference between a lay person (like you) taking the stand and a more experienced witness (like a police witness or the State’s experts):
Q: Do you think practicing would make you feel less nervous?
Q: So a person who has had practice, or experience, testifying in court likely would appear less nervous than someone testifying for the first time?
The most important thing for your DUI lawyer to do is to help the jury avoid the knee-jerk misconception that only a guilty person would sit silently and an innocent person would want to take the stand to defend himself.
99 Voir Dire Questions to Identify Biased DUI Jurors
The following questions represent a broad range of topics your DUI lawyer may explore during jury selection, depending on the specific facts of your case. Not all questions will apply to every case, but this list gives you an overview of the many areas of potential bias that an experienced DUI attorney will consider when building a fair jury.
- 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?
- Have you or has any member of your family or close friends ever worked for or applied for a job with any federal, state, or local law enforcement agency?
- Have you or has any member of your family ever wanted to go into law enforcement?
- Have you or has any member of your family or any close friends ever been stopped, arrested, accused, or convicted of committing any crime?
- Have you or has any member of your family or any close friend been a victim of any crime?
- Do you or any member of your family do any type of civic, club, organizational or other volunteer work?
- 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?
- What are your feelings about such organizations?
- Are you presently, or have you ever been, a member of Mothers Against Drunk Drivers?
- Please tell us your opinion about groups such as MADD.
- Are you presently or have you ever been a member of AA, NA or any other similar group?
- Please tell us your opinion about groups such as AA.
- Have you, a family member or close friend ever had a bad experience with a drunk driver?
- Have you, a family member or a close friend ever been stopped, arrested, charged or convicted of drunk driving?
- How would you feel if one of your children was charged with driving under the influence?
- What have you heard, read, or seen on television about the state law regarding driving under the influence?
- Do you know anyone that has a drinking problem?
- Have you ever had one or two alcoholic drinks and then driven a vehicle?
- How many times per month do you have one or more alcoholic drinks?
- Do you, your family members or close friends own a business that sells alcohol or alcoholic drinks?
- Do you, any family member or close friends work for a business that sells alcohol or alcoholic drinks?
- 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?
- 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?
- 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?
- Have you, any family members, or close friends ever served on a jury for a case involving driving while intoxicated?
- Have you, any family members, or close friends ever been a witness in a case of driving while intoxicated?
- 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?
- 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?
- Would you consider probation for a person who has been convicted of driving under the influence two prior times?
- Do you drink alcohol?
- Do you belong to a church or any other group that is against drinking alcohol?
- How do you feel about people who drink alcohol?
- Some people believe certain races have a more difficult time handling their liquor than others. What do you think about that?
- Have you ever been the object of a racist or prejudicial comment?
- What are some of the reasons a person would continue driving after an accident?
- Have you ever left the scene of an accident?
- Have you ever been hit by a car that left the scene of the accident?
- Have you ever heard the term “out on your feet”? What does that mean to you?
- Have you ever seen a person after an accident? Describe how the person acted.
- What are some of the reasons a person’s eyes might be bloodshot?
- What are some of the reasons a person’s speech might be slurred?
- What are some of the reasons a person would be unsteady when he walks?
- What are some of the reasons a person would stagger when he walks?
- What does “mentally impaired” mean to you?
- What are some characteristics of a mental impairment?
- What does “physically impaired” mean to you?
- What are some characteristics of physical impairment?
- Do you think a person can drink one or two drinks and still have the normal use of his mental and physical faculties?
- Have you ever had one or two beers at a friend’s house and then driven home?
- Did you have the normal use of your physical and mental faculties?
- If you were pulled over by a police officer in that situation, in your opinion, would you be guilty of driving while intoxicated?
- What are some reasons why a person would refuse to take an Intoxilyzer test?
- Do you think the Intoxilyzer can be accurate?
- Do you think a person accused of driving under the influence should be able to choose which test is administered?
- 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?
- What are some reasons law enforcement officers would choose not to videotape a person charged with driving while intoxicated?
- Have you ever jumped to a conclusion about something and later found out you were wrong?
- Do you believe that a police officer could jump to a conclusion and be wrong?
- Have you, a family member, or close friend ever been injured by a drunk driver?
- How would you feel if you were falsely accused of drunk driving?
- What are some reasons a person might not testify in his own defense?
- What are your thoughts about street people?
- Do you think alcohol is a drug?
- Do you think alcohol should be illegal?
- Do you think alcohol makes a person less inhibited?
- Do you think alcoholism is a disease?
- 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?
- Do you think alcoholism runs in families?
- At what age do you think it is appropriate for a person to be able to purchase liquor?
- What age do you think it should be legal for someone to enter into a bar?
- 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?
- Some doctors say that a little alcohol is good for you. Do you agree or disagree?
- Some people think it is better to drink beer or wine instead of liquor. What do you think?
- Do you think people are drinking more or less than they used to?
- How do you feel about musicians and actors appearing in different types of advertisements for alcohol?
- What are some reasons you think a person would drink?
- Have you ever had a drink because you were happy or celebrating?
- Have you ever had a drink because you were upset?
- Do you ever drink with meals?
- What do you consider too much to drink?
- What do you consider too much to drink and drive?
- Do you think men or women are more inclined to become alcoholics?
- How do you feel about a woman who drinks?
- How do you feel about a pregnant woman who drinks?
- How many drinks do you think it takes for the average person to become tipsy?
- Do you think some people have a greater tolerance for alcohol?
- Do you think that a person who drinks alcohol would be more likely to use illegal drugs than a person who does not drink?
- What are some reasons a teenager might drink?
- Do you think kids today have it tougher than they used to?
- Do you think women today have it tougher than they used to?
- Have you ever driven and realized later that you had probably had too much to drink?
- Have you ever stopped someone from driving because he or she had too much to drink?
- Have you ever been stopped from driving by someone else who felt you had too much to drink?
- Have you ever been driving and seen another car on the road whose driver appeared drunk?
- How do you feel about mandatory drug testing?
- How do you feel about law enforcement’s strategy of setting up road blocks to find drunk drivers?
- What do you think the appropriate punishment would be for a first-time offender of driving under the influence?
- What do you think the appropriate DUI punishment would be for a repeat offender?
- Tell us anything else about yourself that you think we should know.
