DUI attorney in California – Cross-examination

Last Modified: June 18, 2024

DUI attorney in California – Cross-examination

  • Strategies
  • 5 attacks that can be used on field sobriety tests
  • Questioning claim of bloodshot eyes
  • Casting doubt on validity of alcohol odor
  • Attacking slurred speech
  • Creating reasonable doubt about the field sobriety tests
  • Attacking the horizontal gaze nystagmus test: the way the test was given
  • Attacking the horizontal gaze nystagmus test: the officer’s qualification to conduct the test
  • Attacking the horizontal gaze nystagmus test: the failure to give other tests and the accuracy of the test
  • Questioning the one-leg stand test
  • Creating doubt about the walk-the-line test
  • How the prosecutor will respond to these attacks


If your driving offense is brought to trial, you want to be sure that you’ve hired an experienced DUI attorney in California. One of the most important portions of any trial is the cross-examination of the arresting officer. There are a number of strategies that may be used at this moment to bolster your defense. In order for you to know how a solid defense team will utilize this cross-examination, it will be summarized here. Certain techniques or strategies will be highlighted.


During the stop that led to the charges against you, the arresting officer likely administered a series of field sobriety tests, including a walk-the-line test and a horizontal nystagmus test. Cross-examination offers your lawyer a chance to question the administration and interpretation of these tests. That is exactly what you want a DUI attorney in California to do. We make sure to question the officer about how the tests were administered and what information he gained from each portion of the test.


First, we will ask if there were any outside factors that may have caused the driver to the fail the test, such as a sloped testing area. Then, we will question the officer’s familiarity with the testing protocols. Another important strategy is to introduce the idea that the officer doesn’t know how you would perform normally on a test. Thus, the officer should not have attributed a poor performance to intoxication.


When you hire a DUI attorney in California , they need to be adept at proper framing and ordering of their questions. Summit Defense attorneys know how to phrase their questions, so admissions of wrongdoing are interpreted as insignificant in the minds of the jurors. An experienced lawyer is more likely to use these strategies and others in order to cast doubt on the validity of the charges.


If you are facing traffic or alcohol-related charges, make sure you remember the team at Summit Defense. Our legal team is well-versed in techniques that may help strengthen your case at trial. Call our office today to set up a consultation.


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