Law Offices of Peter Buh
115 Cambell Street, Suite 208
Geneva, IL 60134
The DUI Jury Process
You have not been
able to resolve your DUI case, and you are forced to have a jury trial,
what will happen? On the day of your trial, the circuit
clerk’s
office will summon approximately 50 individuals for jury
duty.
These
individual will arrive and watch a 20 minute movie concerning the jury
process. After the movie, the jurors will be brought to the
courtroom where your case will be tried. The judge will
introduce
all the parties to the jury.
The clerk will randomly call various jurors to the jury box.
The
judge will ask the potential jurors various questions regarding their
qualifications to serve as a juror. After the judge asks
questions, the assistant state’s attorney will ask these jurors various
questions, weeding out jurors that would be favorable to the defense.
The state is looking for individuals who are biased against individuals
who consume alcohol. The state will typically excuse
individuals
who have had a DUI in the past or who consume alcohol and drive.
If
a juror is excused by the state for a challenge, another juror will be
called. Typically, the questions of the juror will be asked
in
panels of four.
Once the state has accepted four jurors,
they will tender the panel to the defense. The defense will
ask
these four potential jurors questions to determine who would be biased
towards the defense. The state and defense had 5 preemptory
challenges which allow either side to excuse a juror for any
reason. The only exception is that the state can excuse a
juror
based upon the juror’s race.
If a juror is unable to be fair
for either side, the juror may be excused for cause. The
defense
will look for jurors who consume alcohol. They look for
individuals who have a lax view of people who drink and
drive.
They will look for younger males. The defense should excuse
any
individual who has any connection to Mothers Against Drunk Driving,
MADD. Once 4 jurors have been accepted by both sides, the
panel
is removed from the courtroom and placed in the jury room.
This
process will continue until 12 jurors are chosen. The court
may
choose alternate jurors. An alternate juror is a juror chosen
who
listens to all the evidence and arguments concerning the DUI jury
trial, but will only deliberate if one of the twelve jurors is unable
to deliberate.
Since most DUI jury trials are one day in
length, many attorneys waive the need for an alternate juror.
It
is strongly recommended that your hire an attorney who is experienced
in DUI law and is familiar with the county that the trial is being
conducted. A criminal defense attorney must have significant
experience in jury selection and trials.
Call me for a free consultation:
1-630-925-7188
Law Offices of Peter Buh
115 Cambell Street, Suite 208
Geneva, IL 60134
