DUI Arrest, Reports and Inaccuracies

Driving under the influence of alcohol (DUI) is a serious crime that not only violates laws in every state; it endangers the life of the driver and those around them.  That is why legislators are enacting harsher penalties for these violations and law enforcement officials are enforcing these laws more strictly. 

However, that does not give officers the right to file false DUI reports.  Sadly, that is what is happening in jurisdictions around the country, and it is very difficult for those charged with this crime to fight it without costly and time-consuming legal processes.

How These Reports Are Prepared

One of the newest methods of preparing false DUI reports consists of what is called “Xeroxed symptoms.”  Officers save time and effort by using two methods:

1. Copied reports with blanks left for the names of the suspects to be filled in
2. Computer templates that allow officers to fill in names and print out what looks like a fresh report.

The problem is, many of the conditions they describe are the same on reports by the same officer or other officers in the same precinct. 

Inaccuracies and False Reports

While the most startling cases of false DUI reports come from officers who simply fill in copies or templates of DUI reports, an officer can file false reports in other ways.  In some cases, they simply lie about a traffic stop for DUI in several ways, including:

• Claiming suspects looked intoxicated when there was no such evidence
• Claiming to have given sobriety tests without having done so
• Falsifying the results of those tests
• Failing to wait the required 15 minutes before giving a sobriety test

These are just a few of the methods used.  Many of these officers have been fired, investigated, suspended without pay, and forced to resign.  Few have been prosecuted, however. 

Determining a False Report

It can be very difficult to prove that an office filed a false report.  However, the first step in doing so is to consult an experienced DUI attorney concerning a DUI charge.  They are familiar with suspicious arrest records by particular police officers in their localities.  They also may have the option to request copies of DUI arrest reports from their client’s arresting officer for the last 30 days.  If exact or strikingly similar phrases are used repeatedly, that is a strong indication that these reports might be falsified. 

Looking for patterns in data reported by certain officers, precincts, or labs can also be a sign that someone is falsifying reports.  Sadly, it can be helpful to examine the reports of officers who have an excessive number of DUI arrests to determine if there are unlikely similarities.

If someone believes they have been falsely accused of DUI, they are generally not likely to remain respectful and unemotional when investigating their own case.  It is vital not to antagonize others in the law enforcement community, because they often fight attacks by outsiders.  In addition, it can be difficult for those outside the legal community to gather enough evidence to prove such embarrassing cases against police officers.