How Do Errors on a Police Report Affect a DUI Case in California?

How DUI Police Report Errors Can Help You Beat Your Case

Errors in a DUI police report can be a powerful tool for the defense, potentially leading to case dismissal or acquittal [1.].

Mistakes in the report may reveal issues such as a lack of probable cause for the initial stop, inconsistencies or inaccuracies in the officer’s observations during a field sobriety test, or evidence that the suspect appeared sober and responsive.

Key areas to scrutinize for errors include notes on driving behavior prior to the stop, details and administration of field sobriety tests, and the recorded scores of those tests.

“Any one of these mistakes could lead to evidence getting suppressed from a case and even charges getting dismissed or reduced.”

Common Policing Errors During a DUI Stop

When it comes to DUI arrests, mistakes made by the police can sometimes work in your favor. If you’re facing a DUI charge, understanding these common errors can be crucial to building a strong defense [2.].

Stopping a Driver Without Probable Cause

“Under PEN 836, police officers are supposed to stop you or make any DUI arrest only with enough probable cause. Mere suspicions such as coming from a direction with a significantly large number of bars and running or evading stop signs can be “enough probable cause” under the law. If you doubt the reason for your arrest, you may challenge the validity of the arrest or DUI stop, and your case might be dismissed altogether.”

Conducting a Field Sobriety Test Without Just Cause

Officers can only administer a field sobriety test if they have reasonable grounds to believe you’re driving under the influence. Indicators like swerving or knocking over road markers may raise suspicion, but without additional signs like slurred speech or the smell of alcohol, the test—and the subsequent arrest—could be disputed.

Failing to Read Miranda Rights

Before making an arrest, officers are required to read you your Miranda rights, which include your right to remain silent and your right to an attorney. If these rights are not read, any incriminating statements you make may not be used against you in court.

Misinterpretation of Field Sobriety Test Results

Field sobriety tests are used to assess your motor skills, balance, and coordination. However, errors can occur, such as improper lighting, poor road conditions, or undiagnosed medical issues, all of which can lead to inaccurate results. Such mistakes can be grounds for contesting the validity of the test.

False Positive Breath Test Results

Breath tests must be conducted under strict regulations. Errors, such as contamination, incorrect calibration, or the presence of substances like mouthwash or cough syrup, can lead to false positives. If any of these factors are present, the results can be challenged.

Improper Administration of Breath Tests

Specific protocols must be followed when administering breath tests, including proper training for the officer and correct calibration of the device. If these procedures are not followed, the results may be deemed invalid, potentially nullifying the DUI charge.

Hostile or Unprofessional Conduct by Officers

Police officers are expected to conduct DUI stops professionally. Harassment, derogatory comments, or conducting tests in an open, public setting can affect the driver’s mental state and the accuracy of the test results. Such behavior can be grounds for disputing the evidence.

Stopping You Without Being in Uniform or a Marked Vehicle

For safety reasons, DUI stops should be conducted by officers in uniform or in marked vehicles. If you’re stopped by an unmarked vehicle or an officer not in uniform, the validity of the stop can be questioned.

Copying and Pasting Reports from Previous Cases

Police officers are required to document each DUI case accurately. However, there are instances where officers may copy details from previous reports, leading to inaccuracies. If discrepancies are found, this could be grounds for dismissal of the charges.

Drawing Blood Without a Warrant

In the past, officers could draw blood for a BAC test without a warrant, but advances in technology now allow warrants to be obtained quickly. If your blood was drawn without a warrant, this evidence could be excluded from your case.

If any of these errors occurred during your DUI stop, consulting with an experienced DUI attorney could help you challenge the charges and potentially have your case dismissed.

Related Articles: 

• Can I Get a DUI for Drugged Driving
• Here’s What to Expect if You Got a DUI Out of State

What Must the Prosecutor Prove in a DUI Case?

To convict a defendant of driving under the influence (DUI), the prosecutor must establish specific elements of the crime beyond a reasonable doubt. If the prosecution fails to prove each of these elements, the charges may not hold up in court [3.].

Key Elements of a DUI Charge

“In order to prove that a defendant is guilty of driving under the influence, the prosecution must be able to prove that the defendant drove a vehicle and that he or she was under the influence of drugs or alcohol at the time of driving or had a BAC of 0.08 percent or higher at the time of driving.”

Proving the Defendant Was Driving

In many cases, the arresting officer directly observes the defendant driving. However, in situations where the officer did not witness the driving—such as in DUI collisions—the prosecution must rely on other evidence.

This could include witness statements or the defendant’s own admission. When there are no witnesses or admissions, the prosecution may use circumstantial evidence, such as the defendant’s position in the vehicle or the absence of other possible drivers, to establish that the defendant was driving.

In California, proving driving requires evidence of volitional movement of the vehicle, not just physical control. For example, a defendant found sleeping in a parked car would have a strong defense against a DUI charge.

Proving the Defendant Was Under the Influence

The prosecution must demonstrate that the defendant was under the influence of alcohol or drugs at the time of driving, or had a BAC of 0.08% or higher if charged under California Vehicle Code Section 23152(b).

This is typically done using the results of breath or blood tests conducted after the time of driving. The prosecution may also use expert testimony to correlate the BAC at the time of the test with the BAC at the time of driving through retrograde extrapolation.

If the defendant refused testing, the prosecution must rely on other evidence, such as the defendant’s driving behavior, performance on field sobriety tests, or other indicators of impairment, to prove that the defendant was under the influence at the time of driving.

Also Read: Can You Be Charged With DUI Without Evidence

Get a Free Lawsuit Evaluation With Our Lawyers

The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and are currently accepting new legal challenges in all 50 states.

If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.

References:
1. https://www.shouselaw.com/ca/blog/dui/how-do-errors-on-a-police-report-affect-a-dui-case-in-california/
2. https://www.thevistaduiattorney.com/practice-areas/common-policing-errors-for-a-dui-stop
3. https://www.losangelescriminallawyer.pro/what-does-the-prosecutor-have-to-prove-in-a-dui-case.html