Clients of a drunk driving lawyer in St. Augustine frequently have questions about how jurors will be selected in a case.
How Poor Performance on Field Sobriety Tests Affects Jury Selection
In the event that you did poorly on standardized field sobriety tests, your attorney will consciously seek out jurors who might not be in good physical condition. This will include people carrying a few extra pounds, older people and those who are indicating that they have some sort of physical malady. The reason for this is that they, too, would probably have a problem completing the tests as required.
How Rising Blood Alcohol Can Aid a Defense
If the blood sample was not taken immediately after the arrest, the blood alcohol content might register higher when taken later. This is due to the absorption of alcohol into the bloodstream. As this is occurring, the BAC registered via breath test will be higher than the actual level in the blood. A strategy an attorney might employ is to compare this with a cold and how it can fluctuate. Jurors who have recently been ill or look as if they might be under the weather might relate to this argument.
Being Confused and How It Can Explain Away a Refusal Charge
There are times when a driver is charged with refusal for not providing ID when the officer requests it or for refusing to take the tests. This could be due to being confused or by a libertarian stance. Using the defense of having been confused will be most effective for jurors who are likely to feel sympathetic. Jurors who are not highly educated would be preferable. Jurors who are former members of the military or appear more regimented would not be good jurors for this defense.
Contact an Experienced Drunk Driving Attorney in St. Augustine
If you have questions about drunk driving defense strategies call Patrick Canan at (904) 849-2266 today.
