During jury selection in your case, your Orange County DUI attorney will try to secure jurors who will help your defense. The specifics of your case, such as your performance on field sobriety tests, will determine what sort of jurors he will try to select.
If a failed alcohol test resulted in your DUI arrest, your attorney may use the so-called “rising blood alcohol” defense. The gist of this defense is that the blood alcohol measured does not accurately reflect your actual level while you were driving. This can be argued because of the time it takes for alcohol to be absorbed into your bloodstream. A breathalyzer test will measure, then, a higher amount than is actually present in your blood.
Your Orange County DUI attorney may compare this disparity between measured and actual blood alcohol content with the fluctuating effects of a cold. Prospective jurors who are feeling ill themselves or are have just gotten over a cold may be more receptive to this notion; therefore, they will be good selections.
If you fail field sobriety tests, your attorney may argue from the standpoint of physical problems you have that might have impeded your performance. He also may point out the uneven and rough ground upon which you were given the tests. If this is the case, your attorney may want jurors who have physical ailments such as back problems, since they are more likely to be sympathetic towards you.
Your attorney may also use the confusion defense if you refused to produce identification or submit to a test. He can argue that the flashing lights, confrontation with officers, and quickly passing cars confused you. Jurors who tend to be more emotion-driven, or those who are less rigid in their views, may be useful for this defense.
Since the jurors will determine your fate, it is essential that your attorney try to seat those who will be most beneficial to your case.
If you have been arrested for driving under the influence, do not hesitate to contact Orange County DUI attorney Chad Maddox for a free initial consultation.
