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The Champion

March 2018 , Page 51 

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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

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