DUI Cases and the Arresting Officer’s Description of You - Liberty Law
If you were arrested for driving under the influence in Salt Lake City, the law enforcement officer making the arrest most likely took extensive notes about how you appeared at the time of the arrest. Often, he will fill out a form called an Alcohol Influence Report, where he records his observations about your physical appearance and behavior.
This report is obviously very important in your DUI case, and your Salt Lake City DUI attorney will need to address the content of the officer’s report. Any inconsistencies in the officer’s description must be noted by your DUI attorney for use in your defense. Especially important are inconsistencies regarding symptoms of intoxication, as they can be used to damage the credibility of the evidence against you. A high breathalyzer result can, for example, be discredited if it is not consistent with the officer’s observed symptoms.
If there is was a videotape made of your arrest, any inconsistencies between it and the officer’s report can further undermine the report’s persuasiveness in court. If the officer had the ability to tape an arrest but chose not to, or if a videotape was made but was destroyed, your DUI attorney may be able to use that fact to introduce doubt to the prosecution’s case.
Successfully fighting DUI charges requires having an experienced Salt Lake City DUI attorney on your side. Call James Lee today for a free initial consultation.