DUI police reports- how are they used against me?Recently on our DUI forum we had a driver ask if the prosecution considers the information from the police report when they are deciding whether to charge a driver with drunk driving or whether they will just use the drivers blood alcohol concentration (BAC) information.
Although it is illegal to operate a motorized vehicle with a BAC of 0.08% or higher, it is possible that the state may review the police report and other evidence of the drunk driving arrest and determine they have sufficient evidence to charge you with a DUI, even if your BAC was below the illegal limit. So, to answer the question, yes, the state will consider the police report as well as your BAC chemical test to determine whether they will charge you with a DUI. So what is in the police report?
Police report InformationThe DUI police report is a written arrest report of what occurred during your DUI arrest. The information, which is gathered by the arresting officer, is sent to the court, the Department of Motor Vehicles in your state and the states prosecutors office.
Information which is included on the DUI arrest report includes:
- Why the officer stopped you
- Information about how you performed on the field sobriety test
- Whether the officer administered the preliminary alcohol screening device and how you performed, including your blood alcohol concentration level
- First observations after the DUI stop, including why you were stopped and any physical evidence of DUI (strong odor of an alcoholic beverage, red watery eyes, slow and slurred speech, and that they were unsteady on his feet).
- The answers you provided to the police officers questions
- Your breath test results and the serial number of the breath machine.