If you have been charged with a DUI, the police report will be one of the most crucial parts of your case. You and your attorney will want a copy of this report as soon as possible, then you can assess the strength of the evidence against you. On the report there should be the information about any field sobriety tests, a PAS test document, a copy of the breath test results, as well as a report of any chemical tests. At least one police officer will also have recorded the chain of events involving the arrest. This can prepare you for the officer's testimony in court.
For example, you might read that the officer said you were severely imbalanced, had trouble speaking clearly, your eyes were bloodshot, and your breath smelled strongly of alcohol. It may also relate horrific results in field sobriety tests, such as in the heel-to-toe walking test and the horizontal gaze nystagmus test. It is a pretty sure bet that whatever is on the report is what will be said in court, since the officer can refer to the report in trial. In order to avoid giving an inconsistent testimony, the officer is likely to give witness entirely from these notes.
This report could be your biggest asset, preparing you for how to counter the charges leveled at you. Your attorney can examine every piece of evidence against you, determining if there are ways to prove that there was an error in any sobriety or chemical tests. Perhaps other witnesses at the scene would be able to provide testimony that refutes that of the officer's.
Now, if you see failed a blood test on the report, this can be the most difficult piece of evidence to overcome, as these tests are generally reliable. If you have a blood test that reads a blood alcohol content of at least 0.08, then you definitely need an outstanding attorney. It will take a strong legal advocate to argue that these results are uncertain, such as by throwing doubt as to whether it was actually your blood that was tested.
Breath tests, on the other hand, may not be as difficult to overthrow, especially, if the results were borderline. Probably the biggest room for error is in how the police administered the test. Did the officer watch you for at least 20 minutes? Otherwise, if the officer did not wait long enough, burping or throwing up could seriously skew the test results. If you can prove that a test was not administered correctly, you might be able to get certain evidence thrown out.
In some states, the timing of the test can also affect its validity. This is in cases where the breath test was taken a long time after you had any drinks. The more time that passes, the higher your BAC grows. So if you drank, but hit the road legally, you could be tested a considerable time after you were done driving. This test could yield an inaccurately high BAC. Another issue with breath tests is the sensitivity of the testing instrument used. It may be possible to show that the breathalyzer was not calibrated adequately or recently enough.
It is much less likely that your police report will include a urine test, as this is the least common test. It is also the easiest to overthrow, as it can be rather unreliable. This test is not the best indicator of alcohol in your blood stream. If you see notes of failed field sobriety tests on the report, these too can be overcome. It can be argued that there were other reasons for failing these tests, such as a medical condition, or a general lack of coordination.
If you have been charged with a DUI or DWI, it is vital that you get strong legal representation on your side. Armed with the information from the police report, an excellent attorney will know how to fight this evidence. Find a DUI attorney today!