The Impact of DUI Police Reports in Arizona
If you are caught drunk driving or charged with drunk driving even though you were sober, the police officer who performs the arrest will complete a police report. This report features information pertaining to the details of the arrest such as the day and time of the stop, the address where the stop occurred and the identities of those who were in the vehicle during the stop. The nuanced details of this report will play an important role in the ensuing DUI case.
Why the DUI Police Report Matters
The DUI police report will determine whether there was probable cause for the DUI stop. The report will also detail the interactions between the driver and the police officer who performed the arrest. Additional details contained within the police report include information about whether the chain of custody was established, the officer’s observations pertaining to the driver, information about the BAC, information about the field sobriety tests and the names of witnesses.
Do not try to Make Sense of the Police Report on Your Own
If you are like most people, you will find attempting to decipher the language and information within a DUI police report is quite challenging. You need an Arizona DUI defense attorney to properly analyze the information within this report. The DUI attorney will determine if the report has inaccuracies. An attorney will also ensure the prosecuting attorney tries the case based on actual facts. In short, the legal guidance and representation from a DUI attorney has the potential to make the difference between being found guilty of a DUI and retaining your freedom.
Arizona DUI Police Reports are not Infallible
Arizona’s DUI laws are quite strict. This is precisely why everyone charged with DUI should secure the services of an experienced DUI attorney to develop the strongest possible legal defense. It is possible such a legal defense will reduce the charges or even help get them dismissed. An attorney will analyze the DUI police report to identify errs, looking for evidence collected in either an improper or unlawful manner.
Do not make the assumption that your DUI police report has completely accurate information. The sad truth as reported by ABC15 Arizona is that some local DUI motor officers have altered police reports, choosing to misclassify others in the vehicle as victims rather than witnesses to restrict the DUI attorney’s access to witnesses. This is a violation of the Sixth Amendment which states United States residents are provided with the right to a fair trial.
DUI police report errs also extend to the arresting officer making one or several mistakes during the field sobriety test, misinterpreting the results of such a test and providing inconsistent reasons for the traffic stop. Some DUI police reports also have inaccurate notes pertaining to the driver’s behavior. All such errs are legitimate reasons to question the accuracy of the officer’s investigation, creating doubt of the driver’s supposed guilt.
Even if the police report is accurate, there is the potential for the officer to have made a mistake during sobriety testing procedures. All sorts of problems can arise when a DUI blood test is performed. Even issues at the lab where the blood is analyzed can be highlighted to prove the test was inherently flawed and ultimately result in the charges being dismissed.
The moral of this story is a strategic legal defense spearheaded by an experienced Arizona DUI attorney has the potential to either reduce or dismiss DUI charges. So don’t assume you will be found guilty simply because you were charged with DUI. Have an attorney double-check the police report, analyze it for weak points and use it to your advantage when fiercely advocating on your behalf to ensure justice is served. Find an Arizona DUI attorney worth his or her keep, maintain a positive attitude and the charges just might be reduced or even dismissed.