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Whether you have been charged with a DUI, or you are simply looking to learn more about DUI law, you can read more about how we can help you here.

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Using the Police Report in a DUI Case

When police are called to the scene of an accident or a crime, they will fill out a police report. A police report documents what occurred in the words of law enforcement, and will consist of a very specific, dry details. In a DUI arrest, the police report will outline what caused the office had to conduct the stop to begin with, the details of the field sobriety tests, the results of any given BAC tests, and a narrative of the officer's side of the case. In trial, this police report will be the basis of all the charges a suspect faces.

Important Information Gained from the Police Report

The information contained in the police report will be used by the prosecution to build evidence of guilt. Conversely, the defense has access to this information and can use the police report to build a solid defense. The report will include details that the suspect may not consider to be relevant to the case but can have a profound difference on how the prosecution views their guilt.

Since the police report will show how police officers will be testifying in this case, there are some questions that can be asked to rebut their claims:

  • Does the suspect's testimony contradict the police's?
  • Is the validity of the BAC test in question?
  • Are other witnesses available that could negate the officer's testimony?
  • Were the field sobriety tests judged objectively?

There are many ways that this information can be used to the benefit of the suspect. While BAC tests may seem infallible, there are many ways that a defense attorney can prove them inaccurate. For example, a BAC test may provide a higher reading than the suspected drunk driver's actual BAC if mouth alcohol was present or they belched right before testing.

The police report contains important details about the DUI arrest that a DUI defense lawyer can ultimately use to strengthen the defendant's case. If you would like to learn more about using a police report to challenge your charges, call our firm today to get started.

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Tampa DUI Defense Attorney Thomas & Paulk, P.A. Attorneys at Law