MIAMI BEACH, Fla. -

The trial is near for a Miami Beach police officer, accused of taking a bachelorette on a joyride on his department-issued ATV, and then crashing into two beachgoers.

But first, a judge must decide if Derick Kuilan’s sobriety should be a factor in the case.

On Monday, former Lt. Jerome Berrian, who was the shift supervisor that night in July 2011, took the stand.

Berrian was demoted to sergeant for his handling of the incident. He recalled how one officer reacted to the ATV crash of one of his comrades.

"His gesture was, 'I don’t want to have anything to do with this,'" said Berrian.

Prosecutors say Kuilan’s blood alcohol level measured .088 above the legal limit, but his blood was drawn nearly five hours after the accident.

Kuilan is awaiting trial on two counts of driving under the influence, and two counts of reckless driving with serious bodily injury.