Criminal Defense in Orange County

The Role of the Police Report in a DUI Case

One of the first steps your attorney will take constructing your DUI defense is to take a close look at the police report about your arrest. If taken properly, the police report will contain a number of physical observations made at the time of your arrest, including details about your appearance and behavior. These observations need to be carefully checked against the other elements of the state's case against you.

If the officer's observations are inconsistent with the known symptoms of intoxication or with any other evidence, your Orange County DUI attorney must incorporate it into your defense. For example, if the officer's observations cannot reasonably be explained by your recorded blood alcohol content (BAC), one of those two pieces of evidence is most likely flawed. If there was a video of your arrest, any inconsistency between the officer's observation and the video evidence may indicate that the officer's statement is faulty.

Your lawyer will also use the police report to check if the arresting officer followed the necessary steps and met all of the requirements for a legitimate arrest. If the arresting officer did not have a legal reason to pull you over, your attorney may use it to challenge the validity of the state's entire case. Either way, successfully fighting DUI charges requires having an experienced criminal defense lawyer on your side. If you have been charged with drunk driving, call us today for a free initial consultation.