The Role that Officer Observations Have in Your DUI Case

One of the most important pieces of evidence in your DUI case is the report and records made by the arresting officer. Your Sacramento DUI lawyer will carefully examine all of the aspects of the report, as well as other records of the arrest, to find ways of building your defense.

Many police departments use some kind of standardized form, such as the Alcohol Influence Report form, to allow for the officer to note possibly incriminating facts about your appearance, behavior, and statements. The physical observations noted by the arresting officer will be scrutinized by your Sacramento drunk driving lawyer. If the arresting officer has some inconsistencies on his physical observations of you regarding symptoms of inebriation, your Sacramento DUI attorney will make note of this. One possible example could be your blood alcohol concentration (BAC) versus your behavior. If, say, your BAC results appeared to be quite high but the officer reports that your behavior was relatively normal, the inconsistency could be used to question chemical test results.

Videotaping is another method by which inconsistencies could have been recorded. Negative observations noted on the officer’s forms can be challenged based on videotapes evidence that favors you. In addition, if videotaping was available in your case and was not used, it could possible lead to the dismissal of the drunk driving charge you face. In the case that you were videotaped and that evidence was somehow lost or destroyed, even if the prosecution did not do so in bad faith, it is possible to use the fact that there was but no longer is video evidence in your favor.

Checking for inconsistencies in the arresting officer’s report is just one of the ways by which a qualified Sacramento DUI attorney can help you to fight a drunk driving charge. For the legal help that you need for your defense, contact Param Pabla.