At George C. Creal, Jr., P.C. Trial Lawyers, we specialize in defending clients facing DUI charges in Henry County and throughout Georgia. With over 31 years of experience, our team knows that a successful DUI defense often begins before the trial even starts—during jury selection, or voir dire. In Georgia DUI cases, where emotions run high and biases about alcohol and driving can sway outcomes, uncovering juror attitudes is crucial. One powerful tool we use is scaled questioning, which helps quantify potential jurors' biases and preconceptions efficiently.

In this blog post, we'll explore how scaled questioning works in a Georgia DUI trial and provide 10 key example questions tailored to these cases. Whether you're a fellow attorney or someone researching DUI defense strategies, understanding this technique can shed light on how we build strong, impartial juries for our clients.

What Is Scaled Questioning in Voir Dire?

Voir dire is the process of questioning potential jurors to ensure a fair trial. In Georgia, under O.C.G.A. § 15-12-133, attorneys can ask relevant questions beyond the basics to identify biases. Scaled questioning elevates this by moving beyond simple yes/no answers. Instead, we ask jurors to rate their agreement or opinions on a numerical scale—typically 1 to 10, where 1 means "strongly disagree" and 10 means "strongly agree."

This method is invaluable in DUI trials because it reveals the intensity of jurors' views on topics like alcohol impairment, evidence reliability, and law enforcement. For instance, Georgia DUI laws cover elements like per se DUI (BAC of .08 or higher for adults), "less safe" DUI (impairment regardless of BAC), field sobriety tests (e.g., Horizontal Gaze Nystagmus or Walk-and-Turn), chemical tests, and defenses such as rising BAC or medical conditions. Scaled questions quantify preconceptions that could favor the prosecution or defense—some jurors may have zero-tolerance views on drinking and driving, while others recognize that social drinking doesn't always equal impairment.

Why use it? Scaled questioning is efficient in time-limited sessions (often 30-60 minutes per side in Georgia courts), engages the entire panel, and provides data for strategic decisions. We pose questions to everyone at once, have jurors respond with numbered cards or verbally, and follow up on extreme scores to probe deeper. This aligns with our goals: personalizing the defendant, emphasizing reasonable doubt, and challenging biased jurors for cause or via peremptory strikes (6 each for defense and state in misdemeanor DUIs).

How We Use Scaled Questioning in Henry County DUI Trials

At George C. Creal, Jr., P.C., we tailor scaled questions to Georgia-specific DUI issues, observing non-verbal cues like hesitation for authenticity. We avoid leading questions to prevent "socially desirable" responses, focusing on honesty. This technique helps us identify prosecution-leaning jurors (e.g., those with high trust in police) versus those open to defense arguments (e.g., acknowledging law enforcement mistakes).

In practice:

• Define the scale clearly upfront.
• Tie questions to core DUI elements for relevance.
• Use follow-ups to build rapport and uncover hidden biases.

By streamlining jury selection, we maximize our clients' chances of a fair trial—whether it's a first-time offense in Henry County or a more complex case involving aggravating factors.

10 Key Scaled Voir Dire Questions for Georgia DUI Trials

Here are 10 example scaled questions we might use, designed to probe biases on impairment, evidence, and enforcement:

1. On a scale of 1 to 10, where 1 means strongly disagree and 10 means strongly agree, how much do you agree that it's possible for someone to have a drink or two and still drive safely without being impaired?
2. On a scale of 1 to 10, where 1 means strongly disagree and 10 means strongly agree, how much do you agree that breathalyzer machines are always accurate and reliable in measuring blood alcohol content?
3. On a scale of 1 to 10, where 1 means strongly disagree and 10 means strongly agree, how much do you agree that if someone refuses a chemical test under Georgia's implied consent law, it probably means they're guilty of DUI?
4. On a scale of 1 to 10, where 1 means strongly disagree and 10 means strongly agree, how much do you agree that police officers' observations during field sobriety tests, like the walk-and-turn, are usually spot-on indicators of impairment?
5. On a scale of 1 to 10, where 1 means strongly disagree and 10 means strongly agree, how much do you agree that the prosecution must prove every element of a DUI charge beyond a reasonable doubt, even if the defendant doesn't testify or present evidence?
6. On a scale of 1 to 10, where 1 means strongly disagree and 10 means strongly agree, how much do you agree that medical conditions, like acid reflux or diabetes, could affect the results of a DUI breath test?
7. On a scale of 1 to 10, where 1 means strongly disagree and 10 means strongly agree, how much do you agree that Georgia's .08 BAC limit is too lenient and should be lowered to zero tolerance for any alcohol?
8. On a scale of 1 to 10, where 1 means strongly disagree and 10 means strongly agree, how much do you agree that law enforcement sometimes makes mistakes or overreacts in DUI arrests?
9. On a scale of 1 to 10, where 1 means strongly disagree and 10 means strongly agree, how much do you agree that if a driver appears sober on video but fails a sobriety test, the test results should still be trusted completely?
10. On a scale of 1 to 10, where 1 means strongly disagree and 10 means strongly agree, how much do you agree that penalties for DUI in Georgia, like license suspension or jail time, are generally fair and not too harsh for first-time offenders?

These questions help us spot jurors who might prejudge the case, ensuring our clients get the impartial panel they deserve.

Why Choose George C. Creal, Jr., P.C. for Your DUI Defense?

In Henry County DUI cases, every detail matters—from jury selection to trial strategy. Our firm has a proven track record of using innovative techniques like scaled questioning to secure dismissals, reductions, and acquittals. If you're facing DUI charges, don't leave your future to chance.

Contact George C. Creal, Jr., P.C. Trial Lawyers today for a free consultation. We're here to fight for you—call (404) 333-0706 or visit our website at DUI Henry County to learn more about our Henry County DUI services.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Outcomes vary by case.

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