Criminal Defense in Orange County

Tactics Used By Experienced DUI Attorneys: Hypotheticals

While the specifics of each DUI trial will differ, there is a good chance that your attorney will at some point have to challenge the state's field sobriety test. There are a variety of ways that an experienced attorney can do this, but an often neglected tactic is to ask the jury hypothetical questions. These questions can lead the jurors to consider the other factors that might affect someone's performance on a field sobriety test. Such questions can illustrate to the jurors the limitations of field sobriety tests very effectively.

These hypothetical questions can be quite straightforward. Your Orange County DUI attorney might simply ask a juror, "If I asked you to stand in front of everyone here and stand on one leg, would you be able to do it?" This question would illustrate to the juror how nervous it can make someone being put on the spot like that. If an attorney wants to drive the point home, he might follow up by asking a different juror, "Do you think you could walk, heel-to-toe, across a two-by-four on the ground?"

The juror would likely say that he or she would be able to. The lawyer would then follow up with, "Do you think you could do the same thing if the two-by-four was suspended a hundred feet in the air?" The point of these questions is to lead the jurors to consider the effect that circumstance and psychological factors can have on field sobriety test performance. Once the jurors have accepted the fact that nervousness can hinder someone's performance on a field sobriety test, the attorney simply needs to illustrate how nervous law enforcement officers can make people.

This too can be done with a hypothetical question, such as "If several police officers, all wearing guns, started ordering you around, would it make you nervous?" If you have been charged with a DUI in Orange County, the expertise of an experienced criminal defense lawyer is instrumental to defending yourself. Call The Law Office of Barney B. Gibbs today to schedule a free initial consultation.