The prosecution usually begins presenting evidence in a Florida drunk driving case by calling the police officer who arrested the driver for DUI / DWI.  The officer typically begins by testifying about the accused motorist’s driving patterns prior to the traffic stop. The officer may testify that the defendant was driving too slowly or weaving between lanes.

The officer will then testify about the traffic stop itself. He or she will describe how the driver responded to the request to pull over, and the initial observations the officer made when he or she first spoke to the driver. These observations may include a smell of alcohol, red, watery eyes, slurred speech, or other signs and symptoms of intoxication.

If the driver took a field sobriety test, the officer will testify about how he or she performed.  The officer will usually discuss only the things that the driver did poorly, and leave out anything the driver did well.  However, a skilled DUI / DWI lawyer will bring out aspects of the test on which the driver performed well during cross-examination.

The officer’s testimony will then turn to the driver’s chemical test results. He or she will describe the type of test taken and the chain of custody of any sample taken  – blood or urine, because breath samples cannot be retained. The officer will testify about the driver’s blood alcohol level (BAC) revealed by the chemical test. The legal limit is now .08 percent in all 50 states.

Next, the officer will discuss the driver’s arrest.  He or she will testify about the basis for the arrest – usually saying it was based on the “totality of the evidence” – and any statements made by the defendant.

After the prosecutor finishes the arresting officer’s direct examination, the defense lawyer starts cross-examination.  An attorney skilled in DUI / DWI defense will use this opportunity to punch holes in the prosecutor’s case.  Cross-examination in a drunk driving case is really a platform for the defense lawyer to testify. An experienced defense lawyer will deliver the questions in a way that forces the witness to give yes or no answers. This cross-examination technique lets the defense attorney testify about what he or she wants the jury to hear.

Cross-examination of the arresting officer is one of the most pivotal aspects of a drunk driving trial for the defense. Scoring points with the prosecution’s main witness impresses the jury.  Jurors are prepared to hear witnesses agree with the side that called them to testify. If the witness agrees with the opposing side, jurors sit up and pay attention. 

A skilled criminal defense lawyer will use cross-examination of the arresting officer to point out details from the traffic stop and arrest that highlight the driver’s lack of impairment. For example, an officer might describe how a driver weaved between lanes, but will fail to mention that the driver signaled when pulling over.

Police officers always testify about details such as slurred speech and red, watery eyes, but will never voluntarily testify that the driver acted in any way that was consistent with a sober person.  During cross-examination, the defense attorney can establish positive information to support the defense and discredit the officer.