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What Happens in a DUI Trial?
Written by
Attorney Darren T. Kavinoky
Prosecution's Case
 The first witness in most DUI cases is the
arresting officer. Sitting there, listening to the
direct testimony of the arresting officer in a drunk
driving case is usually the most painful part of the
trial, for defense attorney and client alike. The
fact is that if the arresting officer doesn't have
some damning stuff to say about the drunk driving
arrest, the case should have gone away long before
trial.
However, it is usually the cross-examination of
that officer that becomes the bright spot of the
case. The
seasoned DUI defense lawyer will love
cross-examination of the arresting officer as much or
more than any other phase of the trial.
Cross-examination has been described as the greatest
legal engine towards the ascertainment of truth, and
it is
quite true in the DUI case.
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 As
a general proposition, jurors expect that
witnesses will always favor the side that
calls them. There is, therefore, a certain
discounting that goes on in the minds of the
jurors. Of course the defendant's friend will
say he wasn't drunk, of course the
defendant's mother says he is a good boy, and
so on. However, the points that are scored on
cross-examination, these are the ones that
make the case.
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Cross-examination in a
DUI case, or any criminal defense case, for that
matter, is not so much examination as it is the
lawyer testifying. The most effective
cross-examination occurs when a lawyer makes a short,
declarative statement, and forces the witness to
answer "yes." Each new "question" by the lawyer adds
one new fact at a time, and the questioning proceeds
to a logical goal, one goal at a time. When done in
this fashion, cross-examination is one of the most
satisfying and effective portions of the trial for
the DUI defendant. The second witness for the
prosecution is typically a chemist from the crime
lab. This person will give information regarding the
breath or blood test, offer opinions regarding the
field sobriety tests, and information about
impairment from alcohol and how that
impacts driving
ability. |
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Just like cross-examination of the arresting officer,
cross-examination of the prosecution's expert in a
DUI case is incredibly satisfying, and can be
extremely profitable for the DUI defense attorney and
his client.
In order to prove the defendant's guilt, the
prosecution usually focuses on four things:
driving
pattern,
physical appearance,
field sobriety test
performance, and
chemical test results.
Cross-examination of the prosecution witnesses is
designed to create reasonable doubt about how the
defendant's
performance in each of these areas is to
be perceived, and to shift the focus from how the
defendant did, to how well the tests were
administered.
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