6.183. Peremptory Challenges

In every jury trial in which a defendant is charged with a violation of section 316.193, Florida Statutes, each party shall have 3 peremptory challenges, but the trial court, in the interest of justice, in its discretion may permit additional challenges.

Committee Notes

1988 Adoption. This rule was initially drafted to allow 6 peremptory challenges per side in all DUI trials on the basis that the penalties in a DUI were normally more severe than most third degree felonies, that the trial was as complicated as any second degree felony, and that it was also subject to extreme jury prejudice due to “media blitz” publicity and the pressures from citizen action groups, as well as the numbers of prospective jurors who were nondrinkers or had religious reasons against drinking. The proposed rule met with strong opposition from the committee as drafted, with an almost even split vote. An amendment was proposed, which is the above rule as written, which satisfied all members of the committee, as it was recognized that the outlined problems existed, and the committee felt that a rule was needed to affirmatively show that additional peremptories should be freely granted by the court when the need arises.