DUI Cases: Voir Dire Questions Regarding Refusal to Submit to Field Sobriety Tests

During the voir dire section of a DUI trial, it is common for a Rancho Cucamonga DUI attorney to question prospective jurors about their attitudes and beliefs regarding a drunk driver who refused to submit to a standardized field sobriety test (SFST).

Voir dire is the process in which attorneys question potential jurors before trial in order to identify possible bias or preconceived opinions that may affect their ability to fairly evaluate the evidence presented in a DUI case.

In many DUI cases, the issue of whether a driver refused to perform field sobriety tests becomes an important point during trial. Jurors may have different beliefs about whether refusing these tests suggests guilt or whether it may be reasonable under certain circumstances.

Questions to Ask Prospective Jurors

One of the main questions that a Rancho Cucamonga DUI attorney may ask prospective jurors during voir dire is whether they would hold it against an individual suspected of drunk driving if he or she refused to submit to a field sobriety test.

An attorney may ask this question in order to determine whether the juror:

Believes refusing a test automatically means the driver was intoxicated
Understands that field sobriety tests are voluntary
Has prior experiences with DUI arrests or investigations that could influence their opinion

A DUI lawyer may further question the juror to explain situations in which the juror would empathize with a defendant for having refused to submit to a field sobriety test. The attorney may even ask the juror to provide some examples of these situations, setting the stage for the conclusion that it is reasonable for a driver suspected of a DUI to refuse a field sobriety test.

Understanding Field Sobriety Tests

Field sobriety tests are commonly used by law enforcement officers during DUI investigations. These tests are designed to evaluate a driver's physical coordination and ability to follow instructions.

Common SFSTs include:

• Horizontal Gaze Nystagmus test
• Walk-and-Turn test
• One-Leg Stand test

However, these tests can sometimes be affected by factors unrelated to alcohol consumption, such as:

• medical conditions
• fatigue
• uneven road surfaces
• poor lighting
• nervousness during a traffic stop

Because of these variables, an experienced DUI defense attorney may challenge the reliability or interpretation of field sobriety test results during trial.

DUI Trials in San Bernardino County Courts

DUI cases in San Bernardino County are typically handled in the courthouse that serves the city where the arrest occurred. Several courts in the county regularly hear DUI matters.

West Valley Superior Court – Rancho Cucamonga

The West Valley Superior Court located in Rancho Cucamonga handles many DUI cases originating from cities including:

• Rancho Cucamonga
• Ontario
• Upland
• Montclair
• Chino
• Chino Hills

This courthouse is one of the primary criminal courthouses for the western portion of San Bernardino County.

San Bernardino Justice Center

The San Bernardino Justice Center handles criminal matters, including DUI cases, from cities such as:

• San Bernardino
• Rialto
• Highland
• Colton
• Loma Linda
• Redlands
• Grand Terrace

This courthouse often handles a high volume of criminal cases and DUI trials.

Victorville Superior Court

The Victorville Superior Court serves communities in the High Desert region of San Bernardino County, including:

• Victorville
• Hesperia
• Apple Valley
• Adelanto
• Barstow

DUI arrests in these cities are typically filed in the Victorville courthouse.

DUI Arrests and Court Process in San Bernardino County

After a DUI arrest, individuals typically face two separate legal processes:

Criminal Court Case

The criminal case is handled in Superior Court and may involve:

• arraignment
• pre-trial hearings
• motion hearings
• jury trial

During a trial, issues such as field sobriety tests, breath tests, and officer observations may be challenged by the defense.

DMV Administrative Hearing

In addition to the court case, the driver may also face a DMV administrative license suspension.

Drivers have 10 days from the date of arrest to request a DMV hearing to challenge the suspension of their license.

Are field sobriety tests mandatory in California?

No. In California, field sobriety tests (FSTs) are generally voluntary for drivers who are 21 years of age or older. A driver can decline to perform these tests during a traffic stop. However, the officer may still continue the DUI investigation based on other observations.

Can a prosecutor use a refusal to perform field sobriety tests in court?

Yes. In some DUI trials, prosecutors may argue that refusing field sobriety tests suggests the driver was aware they might fail the tests. However, a defense attorney can explain to the jury that there are many reasons a person may decline these tests, including medical conditions, nervousness, or uneven testing conditions.

Which court handles DUI cases for Rancho Cucamonga arrests?

Most DUI arrests occurring in Rancho Cucamonga, Ontario, Upland, Montclair, Chino, and Chino Hills are typically filed at West Valley Superior Court in Rancho Cucamonga.

What court handles DUI cases in San Bernardino?

DUI arrests that occur in San Bernardino, Rialto, Highland, Colton, Redlands, Loma Linda, and Grand Terrace are usually handled at the San Bernardino Justice Center.

Where are DUI cases filed for Victorville and the High Desert?

DUI arrests that occur in Victorville, Hesperia, Apple Valley, Adelanto, and Barstow are generally filed at the Victorville Superior Court.

How many days do you have to request a DMV hearing after a DUI arrest in California?

After a DUI arrest in California, a driver typically has 10 days from the date of arrest to request a DMV administrative hearing to challenge the suspension of their driver's license.

Do all DUI cases go to trial?

No. Many DUI cases resolve before trial through negotiations, legal motions, or plea agreements. However, if a case proceeds to trial, the process includes jury selection (voir dire), presentation of evidence, and jury deliberation.

Need an attorney for a DUI case in Rancho Cucamonga?

If you or a loved one was arrested for driving while intoxicated, it is in your best interest to immediately contact a Rancho Cucamonga DUI attorney who has the experience and resources to successfully handle and litigate your case, if necessary.

To schedule a complimentary consultation with attorney Kirk Tarman, please call The Law Offices of Kirk Tarman & Associates at (909) 658-7341.