How Does the Prosecutor Prove that I was DUID under California Vehicle Code 23152(a)?
Like an alcohol related DUI, the arresting officer will begin by testifying about your perceived impairment.the unsafe manner in which you drove, your physical appearance, and your FST performance. Everything you did “wrong” will be highlighted for the judge and jury. • The Arresting Officer’s “Standard” Testimony The arresting officer will surely testify that you weren’t “driving with the caution characteristic of a sober person”. He/she will also, no doubt, testify that you exhibited the “objective signs of intoxication”. These signs include: • Red and watery eyes, • Slurred speech, • A flushed face, and • An “unsteady gait”. Testimony that you “failed to perform your FSTs as explained and demonstrated” will also be included. Unlike a DUI involving alcohol, the breath test results will not be introduced to corroborate this testimony. The arresting officer will explain that those results were much lower than he/she would have predicted.which is why the officer requested a DRE. *When a
