This is a pretty serious screw up. I'm not a lawyer, but have been in law enforcement for over 20 years and have testified many, many trials, criminal, civil, and Family. Witness rules are pretty simple, and this lawyer has screwed the American People.
"Saw defendent...crossing the center line, had bloodshot eyes, strong smell of alcohol, unsteady on his feet, had trouble reciting the alphabet..."
Absolutely. It's hard for me to imagine the lawyer did this accidentally.