The standard practice among police departments when conducting a DUI test is to note individual behavior on a document such as an Alcohol Influence Report (or a similar form). This report notes the officer’s monitoring of your behavior, includes notes about your appearance, and any potentially incriminating statements. If you have been cited for a DUI, contact an Orange County DUI attorney who will scrutinize the Alcohol Influence Report to ensure your legal rights are protected.
First, your lawyer will examine closely the Alcohol Influence Report. Your attorney will check for any inconsistencies regarding the physical observations the officer made about you. For example, if your BAC result appeared high, but the physical observations in the Alcohol Influence Report seem relatively normal, this inconsistency can be used to cast doubt or discredit the result of the chemical test.
Second, your Orange County DUI attorney can see whether videotaping was available during your stop and arrest, and if it was, whether you were videotaped. It is possible to have a drunk driving charge dismissed if videotaping was available and officers did not utilize it. The Supreme Court has held that, under most circumstances, you must point to bad faith on the part of the prosecution if evidence that is potentially exculpatory is destroyed. But, even if the video tape was not destroyed or lost in bad faith, an Orange County DUI attorney can work to create an inference that the videotape would have been favorable to your case had it been preserved.
Additionally, if your encounter was videotaped and the video recording appears to favor you, a DUI attorney can call into question the accuracy of the observations on the Alcohol Influence Report as unsupportive of the video evidence.
For more information on the Alcohol Influence Report or to discuss your DUI case, contact Mike Coffey, an Orange County DUI attorney today.