Jury selection is among the most critical aspects of a drunk driving trial. It’s imperative for the defense to select a panel of six impartial jurors who will take their responsibility seriously. A skilled Florida DUI / DWI criminal defense attorney will assess each potential juror in the pool to determine whether he or she is suitable for jury service.

Six people, along with one or two alternate jurors, are chosen to serve as the jury in each criminal trial. In order to convict an individual of a criminal offense, the jury must unanimously agree on the defendant’s guilt beyond a reasonable doubt.

If jurors harbor any reasonable doubt of the defendant's guilt, they must return a verdict of not guilty. If the jurors cannot reach an agreement, a hung jury occurs. A hung jury is good news for the defense, because the prosecutor may opt not to refile the charges.  It’s only necessary to convince one or two jurors of the weakness of the prosecution’s case to achieve a hung jury.

The jury selection process begins when a panel of potential jurors is sent into the courtroom.  The court clerk swears in the panel by directing the potential jurors to stand, raise their right hands, and take an oath to truthfully answer questions about their ability and qualifications to serve as jurors. 

First the judge tells the potential jurors what kind of case it is and how long it is expected to last – drunk driving cases typically last two to four days. The judge will ask if any of the potential jurors have conflicts that would bar them from serving in a DUI / DWI trial.

A certain number of prospective jurors will be called to the jury box at random. Each juror will be asked to answer questions, such as area of residence, occupation, marital status, whether they have ever served on a jury before, and if so, what type of case it was, and whether the jury reached a verdict. 

Potential jurors are asked to fill out questionnaires and answer the questions out loud. If the answers suggest that a juror cannot be fair, he or she can be challenged “for cause.” However, it’s difficult to have a juror excused for cause, because even if bias is obvious – for example, the potential juror may have relatives who are police officers or may have been the victim of a drunk driver – the judge will ask the individual if it’s possible to put aside those feelings and be fair.  If the potential juror says yes, he or she will stay in the pool.

Once the judge has completed the initial questioning, the prosecutor and the defense attorney are allowed to speak to the potential jurors.  This is an important moment for the DUI / DWI defense attorney, because it’s the first opportunity to connect with the jurors and build a rapport with them. It’s critical for a drunk driving defense attorney to make an excellent first impression and gain the jurors’ trust. This is the first step in getting the jurors to like the client. There are typically strict time limits placed on lawyers when questioning potential jurors, so a skilled attorney uses this time wisely and introduces key issues that will be developed further in opening and closing statements.

Once the DUI / DWI defense attorney has spoken with the jurors, the prosecutor is allowed to ask questions. After that process is complete, the judge allows the lawyers to make challenges for cause outside the presence of the jurors.

Once all objections for cause have been made, the attorneys are allowed to use their preemptory challenges.  The prosecutor then indicates which juror he or she wants excluded. The defense lawyer is allowed to make the next challenge, and then the prosecutor excuses another, and so on. The jury is selected when both the prosecutor and defense attorney accept the six people in the jury box, or when both sides run out of preemptory challenges.