☰ In this section

The Champion

Current Issue , Page 51 

Search the Champion Looking for something specific?

Preview of Member Only Content

For full access: login or Become a Member Join Now

DWI

By Denis M. deVlaming

DUI Trials: The Tricks of the Trade

The cross-examination techniques and demonstrations described in this article have been used at DUI trials to impeach an arresting officer’s testimony concerning field sobriety exercises as well as to attack the officer’s opinion as it applies to sobriety. Each demonstration is inexpensive and easy to set up.

The Walk-and-Turn Test 

One of the field sobriety tests given at the scene of a DUI investigation is the walk-and-turn test. The officer explains to the motorist that he is to keep his arms at his side and walk “heel to toe” a certain number of steps, make a turn, and then walk back the same number of steps. The test is not done correctly if the person uses his arms for balance.

In cross-examining the officer, the defense attorney should ask whether nervousness is considered when the test is being performed. The officer will tell defense counsel that using the arms for balance is still not doing the test correctly, even when

Want to read more?

The Champion archive is reserved for NACDL members.

NACDL members, please login to read the rest of this article.
login

Not a member? Join now.
Join Now
Or click here to see an overview of NACDL Member benefits.

See what NACDL members say about us.

To read the current issue of The Champion in its entirety, click here.

  • Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or idominguez@nacdl.org
  • Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.
Advertisement Advertise with Us
ad

In This Section

Advertisement Advertise with Us
ad