Dallas DWI lawyer Robert Guest recently asked a question on the Texas DWI Defenders listserv:

Dearest Brain Trust,

 I’ve been using the same DWI voir dire for a few years and I’m looking for some fresh questions for the jury.

 If you wouldn’t mind send me your favorite DWI voir dire question or idea. I’m open to anything, just something you think is creative, or has gotten results in the past. 

Thanks in advance,


Here was my response:

My new favorite is on the difference between probable cause and BRD:

 “Mr. Smith, I want you to imagine that you are a police officer.  It’s 2 o’clock in the morning.  The person you just stopped for a traffic violation has admitted drinking, and you smell the odor of alcohol.  You have 2 choices: eventually to put him back in his vehicle and to let him drive on down the road, or to arrest him and take him to jail.

 “Mr. Smith, how sure would you want to be that that person was not intoxicated before you put him back in the car to drive off?”

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