If you were recently arrested for driving under the influence (DUI) of
alcohol or drugs, you may be wondering about the DUI “police report”
that was written about the incident. Which facts matter? Will any discrepancies
help your case? As
DUI defense attorneys, we routinely review each police report several times so we
can get a thorough picture of the DUI stop and arrest.
Primary factors that we look for are:
- The reason for the traffic stop
- Our client’s responsiveness
- Our client’s behavior (and remarks made by our client)
- Performance on the field sobriety tests (if any)
- The detailed description of the officer’s observations
blood alcohol concentration (BAC)
- The machines used to test the BAC
- The methods used to test the client’s BAC
We also look for any glaring inconsistencies that don’t add up. We
want to know if the officer left anything out, or if they failed to check
the boxes. We look for innocent explanations that may explain away what
looks bad at first glance.
If you’re charged with DUI with a BAC of .08% or greater, the timeline
of your traffic stop becomes exceedingly important. This is because there
may be clear defenses; for example, the
rising blood alcohol defense, or there could be inconsistencies in your actual performance on the field
sobriety tests and the officer’s “objective observations.”
Weighing All of the Facts
We weigh all of the facts and report what we believe would be reasonable
and convincing to jurors. We also look to the report to see if the officer
conducted the field sobriety tests in accordance with federal regulations,
or if they used other roadside tests that don’t have the scientific
validation of the Standardized Field Sobriety Tests.
What happens frequently in pull over cases is the officer will report bad
driving behavior or a vehicle code violation, and they make the stop.
Then, the officer reports facts that bolster their opinion (that’s
often all it is) that the driver was “impaired.”
In DUI investigations, the officer’s claims are frequently overstated
– and that is what we’re looking for. Hence, it is a wise
move to retain the counsel of an Orange County DUI defense attorney, such
as Attorney Landry, who is experienced in cross-examining officers and
trained in the Standardized Field Sobriety Tests.
To work with a Board-Certified DUI expert, contact the
Law Offices of Virginia L. Landry, Inc.!