Reach Us 24/7

Call 248-886-8650 Now

Cross Contamination Dynamic

When the arresting officer is cross-examined by your Michigan DUI lawyer, you may notice that attacking one test can cause a cross-contamination of the other tests.

In other words, a point made once by your attorney regarding a particular field sobriety test is not mentioned in regard to other sobriety tests. Rather than drawing repeated attention to the point, your lawyer may allow the jurors to realize that the same problem would affect the other tests. By doing this, the cross-examination is allowed to develop on its own. By making the same argument with each test, the cross-examination can become dull and the jurors may reach the conclusion that there are no other points to be made.

The Five Attacks

1. Sloped testing area.

No matter which test is administered (line test, Romberg test, one leg stand), it should be given on a level surface. However, this rarely occurs since a little gradient is almost always present.

Sometimes, slopes in two different directions are present in the testing area.

Plainly, the surface did not suddenly become level for one test if it was not level during another.

2. Absence of baseline.

A valid claim cannot be made that a poor performance on a test was due to alcohol impairment if the officer does not know how your performance would have been without alcohol consumption.

Maybe you lack coordination, were overly tired, or had another reason (other than alcohol) for testing poorly.

3. The officer lack of knowledge of the test.

The arresting officers experience, knowledge, and training in administering and evaluating field sobriety tests will be extolled by the prosecutor because the officer is portrayed as an expert by the state.

However, by asking the officer why the test is given in a certain way, your Michigan DUI lawyer may challenge this expertise. For instance, when administering the Romberg test, the head must be tilted back and the eyes closed, but few officers are aware of the reasons why. Therefore, this test presents a favorable opportunity to use the cross-contamination dynamic.

Contact Us

If you have been charged with a DUI and would like to speak to an experienced and competent Michigan DUI lawyer, please contact the Law Offices of Christopher Trainor & Associates at 800-961-8477.

Related Posts

A DUI Lawyer in Michigan Discusses Slurred Speech...

Though slurred speech has widely been considered a sign of impairment, research shows the characterization...

Field Sobriety Tests Administered in DUI Arrests

There are a variety of field sobriety tests that law enforcement can administer in a...

Selecting the Ideal Juror

It is crucial to select the right jurors to hear and ultimately decide your future...

Previous PostNext Post

Get Answers From Experienced Lawyers

We are available for free consultations in person, via Zoom or through FaceTime.

Required Fields *
This field is for validation purposes and should be left unchanged.

White Lake

9750 Highland Road
White Lake, MI 48386
248-886-8650White Lake Law 


336 W First Street
Flint, MI 48502
810-234-5678Flint Law 


251 North Rose St., Ste 200-6013
Kalamazoo, MI 49007
269-447-2200Kalamazoo Law 

Ann Arbor 

2723 South State St. Ste 250-15096
Ann Arbor, MI 48104
734-882-2646Ann Arbor Law 

Grand Rapids 

250 Monroe NW, Ste 400-706039
Grand Rapids, MI 49503
616-591-3700Grand Rapids 


2000 Town Center, Ste 1900-1237
Southfield, MI 48075


120 N Washington, Ste 300-5101
Lansing, MI 48933
517-546-2279Lansing Law 

Bay City 

401 Center Ave, Ste 25
Bay City, MI 48708

989-262-0787Bay City Law 
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram