In a Los Angeles DUI trial, both sides call witnesses that support their theory of the case. The prosecutor typically calls the officer who arrested you for DUI as the first witness. This is challenging for the defense, because the arresting officer will offer some of the most damaging testimony against you in your Los Angeles DUI case.

The prosecutor will ask the arresting officer to go through your Los Angeles DUI arrest step by step, beginning with your driving patterns prior to being stopped for drunk driving. In this way, the arresting officer will establish that there was probable cause to stop you and eventually take you into custody. The officer may describe how you were driving too slowly or weaving between lanes prior to your traffic stop.

The prosecutor will then ask the arresting officer questions about your traffic stop. The officer will describe how you responded to the request to pull over and the initial observations made by the officer when you first spoke. The officer may testify that you had an odor of alcohol, that your speech was slurred, or that you demonstrated other signs of intoxication.

The arresting officer will then describe to the court your performance on a field sobriety test. Because field sobriety tests are designed to be failed, the officer will likely only testify about aspects of the test that you performed poorly, and omit anything you did right. Your Los Angeles DUI attorney will use cross-examination to elicit details about aspects of the field sobriety test that you performed well.

The prosecutor will then ask the arresting officer to testify about the chemical test you took to establish your blood alcohol content. The officer will describe the procedures involved in your test and the chain of custody of any sample (blood or urine, because breath samples cannot be retained) that you provided. Finally, the officer will tell the court what your BAC result was. Finally, the prosecutor will ask the officer to describe your Los Angeles DUI arrest.

Once the prosecutor finishes questioning the arresting officer, your Los Angeles DUI attorney can begin cross-examination. This is your lawyer's opportunity to begin dismantling the prosecutor's case. Rather than questioning the officer, cross-examination of prosecution witnesses is really an opportunity for your Los Angeles DUI attorney to testify and tell jurors what they need to hear. The most effective method of doing this is to frame questions so that they require a yes or no answer.

Along with jury selection, cross-examination of the arresting officer is one of the most critical phases of your Los Angeles DUI trial. Scoring points with the prosecution's witness, rather than with a defense witness, is an effective strategy to win over the jury. In the minds of jurors, most witnesses are going to agree with the side that called them to the stand. When a prosecution witness's testimony seems to support the defense, jurors will sit up and pay attention. To learn more about how aggressive cross-examination tactics can help advance your drunk driving defense, contact a skilled Los Angeles DUI attorney for a free consultation.