If you have been charged with a DUI, you will need the help of an experienced attorney to fight the case in court.
One of the first things that a DUI attorney will do is request a copy of the police report pertaining to your arrest. This report contains vital information that will be essential in preparing your defense.
1. Expose the Prosecution's Evidence
The police report contains information prepared by the arresting officer. Typical police reports will contain a narrative written by the officer, as well as the results of any blood or urine tests you submitted at the time of your arrest.
The information contained within the police report serves as the basis for a prosecutor's case in court.
By obtaining a copy of the police report as soon as your case is accepted, a DUI attorney will know exactly what evidence will be presented against you in court. This information can be used to develop an effective defense strategy.
2. Expose Procedural Errors
Law enforcement officials are required to follow certain procedures when it comes to stopping drivers on public roadways. An officer cannot pull you over at random, then determine that you are under the influence and arrest you.
The police report should list the initial reason why the officer decided to stop you. Some acceptable reasons for detainment include driving erratically, running a red light, or speeding. If you don't feel you were violating any laws at the time you were pulled over, a procedural error may have occurred.
Your attorney may be able to secure witness testimony that contradicts the information contained within the police report and helps you successfully overcome a DUI charge.
3. Expose Inaccurate Field Sobriety Tests
Police officers must follow strict guidelines when administering any field sobriety tests. The results of a field sobriety test serve as probable cause for your eventual arrest. The police report will outline the manner in which a police officer administered any field sobriety tests at the time of your arrest.
Your attorney can compare this information against the standardized field sobriety tests established by the National Highway Transportation and Safety Administration. If the proper protocol was not followed in administering your field sobriety test, the test may not be admissible in court.
Having the results of the test thrown out eliminates the existence of probable cause for your arrest, which will result in the eventual dismissal of your DUI case.