Police officers make mistakes and sadly, some mistakes are intentional. But what if the police lied on the DUI report on purpose to make the evidence against you greater? What can you do about this?
False Claims on the DUI Police Report
After making a car stop for a suspected DUI, a police officer observes the scene and behavior of the driver. In an attempt to justify a car stop, the officer may claim that the driver’s breath smelled like alcohol, including this in the police DUI report. However, what gives alcohol its “smell” is the flavoring used and this cannot serve as proof of blood-alcohol content or justify an arrest.
The police DUI report usually includes a detailed narrative by the arresting officer. Reading through this, a defendant may be shocked by reports that he or she was staggering, exhibited slurred speech, and even seemed to fall over. This written account may be drastically different from what the officer told the individual during the car stop. As a result, a defendant tends to become confused and wonders what went wrong.
Refuting the DUI Report
Since the police report can be one of the most harmful pieces of evidence in a DUI case, it should be taken seriously. The best way to defend against these written claims is to retain a skilled DUI attorney who will challenge the credibility and statements made by the arresting officer. A good lawyer is the best weapon in defending a DUI charge and the legal advocates at DUIRights.com match individuals charged with DUI with the best attorneys in this field.
Each piece of condemning evidence in the police report must be overcome by the DUI attorney. This may include claims of impaired appearance and behavior as well as results of chemical testing of the blood, urine, or breath. Experienced DUI attorneys understand that police reports often include harsh observations and know that officers base their testimony on these reports.
During a hearing, the DUI attorney may present witnesses who refute claims made in the police report and provide evidence that questions the accuracy of chemical and field sobriety tests. The lawyer may also call upon the client to provide testimony that contradicts statements made in the DUI police report. A good DUI lawyer is often able to uncover lies that police officers include in arrest reports and have the DUI charge dropped.
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17 thoughts on “What if the Police Lied on the DUI Report?”
I was arrested last August for DUI. The officer administered two FSTs (HGN and walk-and-turn), and then I blew a 0.136 on PAS (two blows) and 1.3 on a roadside evidentiary test (also two blows). I didn’t feel intoxicated at the time and exhibited coherent speech, good balance, coordination, and comprehension. I am prone to excessive burping when drinking (and on a empty stomach) due to my GERD (officially diagnosed) symptoms. The arrest didn’t take more than 10-15 minutes.
Police report: The report specifies we were at the arrest scene for 35-40 minutes. Despite my perceived performance on FSTs, the officer rated me 6/6 on HGN and 4/8 on walk-and-turn. Additionally, he fabricated two test (Romberg balance and one leg stand) and my performance on those test. Will video evidence (from dash cam) be enough to get my case dismissed? This video should hurt the officer’s credibility = thrown out impairment charge. And my GERD diagnosis + lack of a full observation period = thrown out >0.08 charge.
Yes the fabrication WILL hurt the officer’s credibility but not necessarily get it thrown out. Here is some info on Gerd and DUI. You will need a good DUI defense attorney to get this dismissed and I think you have a good chance. We work with DUI defense lawyers and offer a Free DUI Arrest Evaluation that can explain your options in detail.
Thanks for the note. I made a submission to Free DUI Arrest Evaluation. My attorney should have the dash cam video/audio soon and we’ll proceed from there. My concern at this point = the county I was arrested in is particularly tough on DUI, even first time offenders. Dismissals are rare and a no reductions (e.g. wet reckless) policy, so I my case we probably go to court (unless receive a favorable plea bargain). The county judges aren’t favorable, so im hoping for a jury court.
I got arrested for dwi but cop drove me back to my car and didn’t include it on police report. Then when I informed my lawyer he advised it didn’t matter since I blew a .19. Does that mean I have a bad lawyer? Or is there something going on behind the scenes that the lawyer isn’t informing me about?
Your lawyer is correct. The police are trying to prove you were intoxicated which they did with a BAC test. Probably not the best judgment by the officer letting you drive but that alone won’t get you out of a DUI.
Another question, I just decided to go to trial but as soon as my lawyer set a trial date my first very first court date became the final. Which is really not fair because they didn’t really give me a fighting chance. The case has been getting continued for two years now.
Do you think they are gonna automatically convict me.
The problem with going to trial is that you will be convicted if found guilty. Was there no opportunity for a DUI plea bargain?
Officer lied in police report and said the car was towed yet my passenger who was my roommate was allowed to drive the car home for me as I begged not to impound it as I couldn’t afford to get it out of impound. I blew a high bac tho. Can that one lie on the report get my charges completely dropped?
Unfortunately that lie alone will not get the DUI dismissed. But it can bring into question the officers integrity. Have your DUI lawyer look into the DUI stop and probable cause. That will have a much bigger impact on whether the case can get dismissed or reduced to a lesser charge (DUI Plea Bargain).
I was accused of driving and totalling vehicle. There was an investigation that shows I was not the driver. I am getting sued and somehow it is my fault. There was a court date I never heard of. How can this slip through the system. The toxicology report I feel can be used against me. Shouldn’t matter what was in my system because I’m over age and was not driving. What do I do?
Hi Victoria, are you the owner of the vehicle and who exactly is suing you? What about DUI charges? Those will be separate cases in court. I would consult with a DUI attorney immediately and find out what they can do to prove you were not driving. They might even have to go to trial.
April 29th at 8:58 p.m. I was involved in an accident I’m supposed to be driving one but he got down and I’m driving one and driving to and now I’m going with my license because it’s cop don’t know how to do his report right
You need to request a hearing right away with your attorney. Was there a DUI charge too?
The police officer contradicts himself on the police report of an accident that I was involved in how do I keep from losing my license because he kind of did yourself he’s as I’m driving one and I’m driving too how can I happen
You have to request a hearing to keep your license. What state was your DUI in?
To request a hearing at the DMV after a DUI, you can follow these steps:
1. Contact the DMV as soon as possible after your arrest to schedule a hearing.
2. Obtain a Request for Hearing form from the DMV, either online or in person.
3. Fill out the form, including your name, address, driver’s license number, and the reason for your request.
4. Submit the form to the DMV along with any relevant documentation, such as the police report from your DUI arrest.
5. Attend the hearing at the appointed date and time, and bring any additional evidence or witnesses you want to present.
6. Wait for a decision from the DMV regarding your driving privileges.
Note: The specific process for requesting a DMV hearing may vary depending on the state you are in, so it’s a good idea to check the DMV website or call the DMV directly for information specific to your situation.
Officer was called for help to an incoherent person. But was immediately arrested and 302ed. Is that allowed in pa?