In Bowling v. State, a police officer investigated a boater for the possibility that he might be boating under the influence of a substance. The officer noticed an odor of alcohol on the breath of the defendant and asked the defendant to perform some diagnostic tests to determine whether he was under the influence of alcohol. The officer performed some field tests, and the boater did not want to do some tests. At the trial the officer was permitted to express an opinion concerning whether the boater was a less safe boater in his condition. Is a police officer a lay witness for this purpose? Did the court think the officer was qualified as an expert in detecting a drinking driver and to offer an opinion that his driving skills were impaired?
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