CALIFORNIA CRIMINAL LAWYERS

Los Angeles DUI Incident Reports

Unveiling the Significance of DUI Incident Reports

The Role of the DUI Incident Report

In any DUI case that goes to court, the DUI incident report filled by the arresting officer plays a crucial role. The report serves as a detailed account of the arrest and contains all necessary information, such as the reason for the arrest, circumstances surrounding the arrest, and anything else relevant to the case. A close examination of this report by an experienced Los Angeles DUI attorney can help to identify and highlight inconsistencies and inaccuracies in the officer’s testimony during trial.

The DUI Reporting Process

After a DUI arrest, it is mandatory for the arresting officer to fill out a DUI incident report. This report is typically completed within a day or two of the arrest to ensure the accuracy of the officer’s recollection of the event. Once the report is finished, it is reviewed by a supervisor who approves its content, and the report is then sent to the District Attorney or City Attorney. The attorney will review the report and formulate the charges that will be filed against the defendant if any.

How to Obtain Your DUI Incident Report

Typically, the person arrested for DUI cannot gain access to their DUI incident report directly from the law enforcement office. As a defendant, your first chance to see the report is usually during the arraignment hearing in the form of an initial discovery packet. However, if you file a DMV Administrative Hearing to prevent the suspension of your driver’s license, you can obtain a copy of the report. The report is not always necessary for the DMV hearing, and sometimes the hearing officer bases their case solely on the arresting officer’s statement.

Ways a DUI Attorney Can Use an Incident Report to Help You

An arresting officer has likely completed many DUI incident reports throughout their career, which makes for a common language that exists in these reports. For instance, terms such as “slurred speech,” “unsteady gait,” or “bloodshot watery eyes” often appear in these documents. These terms can be used to a defendant’s advantage during the trial. Additionally, if other officers were present during the arrest, each may complete their report, which could help to defend your case.

The body camera or dashcam footage could challenge the accuracy of the officer’s report. For instance, if the arresting officer mentions that the defendant had “slurred speech” but the video footage shows that they spoke clearly, it would prove their innocence. Alternatively, if the officer’s account of the defendant’s driving does not match what the video footage shows, an experienced DUI attorney will show discrepancies on the officer’s part, which could help to negate the DUI charges.

DUI Incident Reports Improve Your Defense

DUI incident reports are produced for every DUI arrest. While they may not seem advantageous at first, they can be useful in building a good defense strategy. As the report gets scrutinized, your DUI attorney can use it to identify errors or inconsistencies in the arresting officer’s story. The more detailed and accurate the DUI incident report is, the greater chances of having a successful defense to reduce charges or have the case dismissed.

DUI Incident Report Table