When a police interaction with anyone leads to an arrest and criminal charges, there will be a police report developed for that incident. And, the same is true when these interactions occur during traffic and DUI stops.
In fact, given that much of what happens during DUI stops can be critical evidence in future DUI cases, DUI police reports can end up being extremely important – both for prosecutors and defense teams. We’ll reveal just some of the reasons for this below.
How DUI Police Reports Can Impact a Defense Case
Among the essential details included in DUI police reports that can end up being important to future DUI defense cases include (but are by no means limited to) those related to:
- The probable cause for the DUI stop – Was the motorist driving erratically or breaking any traffic laws before being pulled over? Or did someone report the allegedly drunk driver to authorities? Why did the DUI stop happen in the first place? This probable cause must be documented in the DUI police report, and the arresting officer must be able to verify/explain this later. If not, there may be grounds to get the charges dismissed.
- The officer’s observations of the motorist – What specifically did the officer see and note about the driver’s appearance? These observations, which typically are the springboard for requesting field sobriety testing, may be easily challenged by pointing out more facts about the situation – like possibly that the driver was tired or experiencing certain health complications, rather than being drunk.
- The field sobriety testing – Did the driver submit to field sobriety testing? If so, what caused the motorist to “fail” this testing? You may be surprised to discover that this testing, as well as how test results are evaluated, can be subjective. This can mean that teasing out the details of the testing can reveal where wrong or questionable assumptions were made about the driver/DUI suspect.
- The BAC testing – Did the driver submit to BAC testing? If so, what type of testing, how was the test administered and what were the results? The BAC testing process can be a point where police make mistakes that can greatly impact a DUI defense case. Dicing out these details can be crucial to throwing evidence of impairment into serious question and, in doing so, helping the accused resolve their case as favorably as possible.
Contact a Broomfield DUI Lawyer at The Datz Law Firm
If yoou or a loved one has been charged with a DUI in Colorado, a Broomfield DUI lawyer at The Datz Law Firm is ready to provide you with superior defense representation. At The Datz Law Firm, we know how stressful and consuming serious legal problems can be. That’s why we’re here to help you resolve your legal issues, get through these challenging times and move forward into a brighter future.
Call us at (720) 256-2404, or email us using the contact form at the top of this page to find out more about how we can assist you.
Although our office hours are from 8:30 a.m. to 5 p.m., we make ourselves available anytime of the day or night to talk about your important legal matters – or simply to discuss your worries and concerns. The bottom line is that we are flexible, available, and responsive.