How DUI Police Reports Can Impact Your Defense Case

by Aaron M. Black • March 03, 2021
Arizona Police Officer Writing Police Report
If a police officer arrests you for drunk driving, then he or she will fill out a police report for that incident. The police report contains basic information about the details of your arrest, including the time of the police stop, the location of the police stop and the identity of others present during the police stop. There are many details in the police report that can play a major role in your DUI defense case, including but not limited to:
  • Whether probable cause for the DUI stop was established
     
  • The interaction between the arresting officer and the driver
     
  • Whether a chain of custody was established
     
  • The names of witnesses and potential witnesses
     
  • Information about the field sobriety test and BAC testing
     
  • The police officer’s observations of the driver
A Phoenix DUI defense attorney will help you analyze the information found in your police report. He or she will determine if the police report contains any inaccuracies and make sure the prosecution tries your case using legitimate and accurate facts. An experienced criminal defense lawyer can make all the difference in your DUI case and help you achieve the best result possible.

DUI Police Report Errors

Because Arizona DUI laws are extremely strict, it is important for you to find a criminal defense attorney who can develop a strong DUI defense based on science and law and work to get your charges reduced or thrown out of court. He or she will start by identifying any police report errors and searching for any evidence that was collected unlawfully and improperly.

While many people assume that police reports contain accurate information, this is not always the case. In fact, recent reporting from ABC15 Arizona revealed that DUI motor officers often manipulate police reports by listing passengers as “victims” instead of “witnesses” in Phoenix DUI cases. Misclassifying passengers in DUI cases can limit your defense attorney’s access to potential witnesses and violate your Sixth Amendment right to receive a fair trial.

Other common DUI police report errors include the following:
  • The arresting officer made mistakes when conducting a field sobriety test
     
  • The arresting officer misinterpreted the results of a field sobriety test
     
  • The reasons given for a traffic stop were misguided or inconsistent
     
  • The notes on driving behavior and patterns are completely inaccurate
Any of these errors could bring into question the officer’s investigation and provide enough reasonable doubt to your guilt. A professional criminal defense attorney will use this information to have your charges reduced or dismissed entirely.

Always Double Check the Information in Your Police Report

It is natural to assume the worst after a breath or blood test shows a BAC above the legal limit. However, this does not necessarily prove your guilt. Errors can occur during testing procedures, and the numbers on your police report could fail to withhold further scrutiny. For example, a number of things can go wrong with a blood test including the lab failing to take proper quality control measures to ensure your test’s accuracy and having your blood test administered in a location that is less than appropriate. Additionally, many things can go wrong with a breath test including a calibration error with the breathalyzer and your body continuing to absorb alcohol while having the test administered.

A skilled DUI defense attorney knows that even minor mistakes can result in an innocent person having BAC levels over the legal limit. The legal representation you hire must have the experience and resources needed to conduct an effective DUI investigation. The information and evidence uncovered by the investigation could result in you having valid legal and technical reasons for challenging your DUI charge and getting your name cleared in court.

Are You Facing an Arizona DUI Charge?

Facing an Arizona DUI charge is an incredibly intense and stressful experience. You may feel even more stressed and helpless after reviewing the information found in your police report. While police reports are crucial pieces of evidence, they are not the determining factor in every DUI case. A DUI defense lawyer will use his or her knowledge of Arizona DUI law and experience conducting DUI investigations to help protect your legal interests.

At the Law Office of Aaron M. Black, PLLC, we have plenty of experience dealing with police officers who embellish the facts of a DUI case. Defense Attorney Aaron Black will help you identify any errors on the police report and use them to get evidence suppressed. Without certain key evidence, the prosecution may have no other choice but to dismiss your case.

If you have more questions about Aaron Black and his arsenal of DUI defense strategies, then please do not hesitate to reach out. Give us a call today at 480-729-1683 to schedule an initial consultation. You can also navigate to our online contact form and send us a message. We look forward to hearing more about your case and promise to answer all your hard-hitting DUI questions.
 
 
In light of the Coronavirus pandemic, I wanted to inform clients and potential clients I am still available for consultations. I am always available by phone, text and/or email. We can also use Facetime for social distancing. The criminal justice system is not stopping due to COVID-19.

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