In DUI cases, police reports – along with BAC test results – can be some of the most important pieces of evidence. To elucidate just why this is, below, we will answer some commonly asked questions about police reports for DUI stops and cases.
If, however, you are currently more concerned about getting the strongest defense against DUI charges, it’s time to contact an experienced Colorado Springs DUI lawyer at Kohn Law Firm
Important Answers about Police Reports & DUI Cases
Q: Is a police report issued for every DUI stop?
A: No. Police reports are only written when a DUI stop results in an arrest, and these reports are typically prepared by the arresting officer very soon after the arrest is made. The purpose of the police report is to have an official document explaining the details of the stop and what led to the arrest. This report can be central to prosecutors’ cases, as well as a defense case, if DUI charges are filed and end up sticking (i.e., are not later dismissed for some reason).
Q: What information does a police report for a DUI case contain?
A: While the details of a give police report will vary according to the specifics of a stop/incident, in general, these reports should contain information regarding:
- The probable cause that led to the DUI stop
- The officer’s observations of the driver during the initial moments of the stop
- The probable cause that led to requests for field sobriety testing and/or BAC testing
- Whether motorists consented to this testing and, if so, the specific nature of the testing performed (Field sobriety tests and BAC testing can be administered in different ways, and the police report should specific how this testing was conducted.)
- How motorist performed on the testing administered
- Whether the individual resisted arrest
- Whether the driver is suspected of additional criminal offenses (i.e., in addition to the alleged drunk driving offense).
Q: How can this information serve a DUI defense case?
A: By reviewing the information contained in a police report, it can be possible to determine whether the arresting officer:
- Had probable cause to make a DUI stop in the first place – If not (because probable cause isn’t discussed in the report and the officer is unable to affirm the probable cause later), there can be grounds to request that the DUI charges be dropped.
- Properly followed procedure in administering field sobriety testing and/or BAC testing – Believe it or not, cops often make mistakes when administering these tests, and these mistakes can serve as powerful leverage in discrediting BAC test results.
- Violated the accused person’s rights at any point during the DUI stop/arrest – For instance, searching the accused person’s vehicle without probable cause or failing to read someone their Miranda rights upon their arrest can be two ways that cops may violate people’s rights during these incidents.
Q: Can I get a copy of my DUI police report?
A: Yes, though you should be aware that:
- It may take a few weeks for the official report to be available.
- Different agencies/jurisdictions have different procedures for making these requests – For instance, while you may be able to request a police report online from some police departments, for others, you may have to call or make your request in person.
Contact the Colorado Springs DUI Attorneys at Kohn Law Firm
Have you or a loved one been charged with a DUI? If so, the Colorado Springs DUI attorneys at Kohn Law Firm are ready to aggressively defend your rights and help you bring your case to a successful resolution.
To learn more about how we can help you, set up a free initial consultation with us by calling us at (719) 328-9555 or by emailing us using the contact form at the top of this page.
From our offices in Colorado Springs, we represent clients throughout the Pikes Peak region and Colorado.