After you are arrested for a DUI in California, the police officer prepares a written arrest report about you that is then forwarded to the Prosecutor's office and then the court. This police report is also usually forwarded to the DMV.
It is very important that you read this report to see what the officer is saying about you and to see what your breath tests or blood test results are.
Information in your Police Report
In this police report, you will find out :-
- Why the officer stopped you
- How was your driving in the officer's opinion
- What your objective symptoms were (e.g. alcohol on breath, red, watery eyes, slurred speech, poor coordination, etc.)
- How did you do on the field sobriety tests
- Your answers to most of the police officer's questions regarding for example how much you had to drink and when and where you were coming from etc.
- Your breath test results and the serial number of the breath machine you blew into (knowing the serial number of the machine allows you to check the accuracy and maintenance history of the machine you blew into)
- Your blood test results if you took one
Often, the police report contains biased opinions, omits information that is helpful to you and will exaggerate other information to make you look bad in the eyes of the prosecutor.
How to get a copy of your Police Report (DUI Arrest Report)
The Police Report is available on your first court date. This court date is listed at the bottom of the ticket you were given. If you request a DMV hearing, you can request the DMV to send the Police Report to you approximately 10 days before the DMV Hearing.
It is usually difficult to get your police report from the police before your court date. However, if you were involved in an accident and California Highway Patrol (CHP) officers arrested you, you can obtain your accident report from the CHP station listed on the bottom of your pink temporary license that was given to you.
Remember & record what the Police Officer did & said to you
It is important for you to remember and take notes of what the officer said and did to you, and preserve any other evidence that helps you:-
- Did the officer tell you why were you pulled over?
- Were there any witnesses to your arrest and were there witnesses to your drinking?
- Was an officer with you for the 15 minutes right before you blew into the breath machine at the police station, closely observing you?
- Did you vomit, burp, smoke, or drink anything just before blowing into the breath machine?
- Did the officer do or say anything unusual or inappropriate?
- Was the officer young and inexperienced and being trained by an older officer?
- Did you take any photos of anything that supports your side of the story?
Note and write down all potential evidence that can help you in court and for the DMV hearing.
Frequently Asked Questions:-
- What's the difference between the breath machine I blew into at the side of the road and the breath machine I blew into at the police station?
- The Officer never read me my rights
Your three choices for DUI defense are getting a public defender, representing yourself or getting a private DUI attorney.