The DUI Jury Process in Illinois
You have been unable to obtain a disposition to your DUI case that you can accept, what alternatives are there? You have three options. The first option is to open plead (blind plea) the case before a judge. The second alternative is to waive a jury trial and have the judge be the trier of fact. The last option is to have a jury trial. What will occur in court when you request a jury trial?
On the day of your trial, the circuit clerk's office will summon 40 to 50 people for jury duty. The potential jurors will arrive and watch a short movie concerning the court system and the jury process. After the movie, the jurors will be brought to your courtroom. The judge will introduce the prosecutor, your attorney, you and the courtroom personnel to the jury. The clerk will randomly call jurors to the jury box.
The judge will ask the potential jurors numerous questions concerning their qualifications to serve as a juror. When the judge finishing asks questions, the assistant state's attorney will ask these jurors questions, attempting to weed out jurors that would be favorable to the defense. The state is looking for individuals who would be biased against persons who consume alcohol. The state usually excuses persons who have had a DUI in the past or who consume alcohol and drive. If a juror is excused by the state for a peremptory challenge, another juror will be called. The judge usually asks questions of the juror in panels of four.
Once the state has accepted a panel of four jurors, the panel will be tendered to the defense. The defense will ask these four potential jurors questions to determine who would be biased for the state. The state and defense had 5 peremptory challenges which allow either side to excuse a juror for any reason. However, the state is prohibited from excusing 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 by the judge. The defense will look for jurors who lax attitudes towards alcohol. The defense will look for younger males. The defense should excuse any individual who has any connection to Mothers Against Drunk Driving. 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 go back and forth 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 complete deliberation. Since most DUI jury trials are typically 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. If your jury trial is in Kane, DuPage or Kendall County, it is strongly recommended that you retain an attorney who practices in those counties.
