Prosecuting a DUI Case

While the government is presenting their case, the defense may need to listen very intently to every word that is said, how it is stated, who is saying it, and why they are stating it. The officer who stopped the person could testify to the stop, but if someone else came and did the field test, that person cannot testify to the stop because the foundation has not been laid down.

If the officer did observe it and was called later as a witness to those field tests, they could certainly testify in that capacity. The breath score must be done by a technician, operator, or chemist. They are referred to in a number of ways but are the only individuals who could testify to the machine. These individuals must be trained and certified in the use of that machine, and the machine itself has its own service protocol that may need to have been filed. The state attorney’s office would typically present that information.

These details could be crucial to the proper presentation of a case. Officers might make hearsay statements in court, and it may be important for the defense to keep an eye out for such behavior. The right officers are required to be at the trial and may only testify to their personal knowledge. Some are observational and allowed at times, but the foundation must be laid for the stop, the personal contact, and then for the field tests that were conducted.