Man got pulled over after hitting a pedestrian. He was suspected of DUI. He failed sobriety tests and was given a breathalyzer, then arrested for DUI. However, in the police report the officer said he failed the sobriety tests and then asked the man if he would go to the hospital and take a blood test. That is not how it happened. Then mysteriously the DA drops charges and said he blew a .07. Also not true. He was arrested for DUI and spent the night in jail. Witness stated he blew .09 on the scene. I am not asking if they will include the test results in the report because from what I'm told that is in the arresting report. I am asking if they did a breathalyzer on the scene aren't they supposed to include the fact that they did the test on the scene? Turns out he's an ex cop. Go figure.
DUI / DWI Attorney
Yes you are referring to the preliminary alcohol screening test (PAS) that is part of the field sobriety tests. Yes those results would be included in the police report. It is not uncommon for the police to give the PAS and then after the arrest get the evidential test of either blood or breath. The DA has sole authority to pursue a case or not. If they feel they cannot prove beyond a reasonable doubt they can and should dismiss the case. It looks like you are preparing for a civil lawsuit and your attorney will be able to get copies of the results.
Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.
Criminal Defense Attorney
The PAS test result should be included in all the reports. It sounds like you believe the "man" is getting special treatment because he was an ex cop. If so, demand a special internal affairs investigation into the agency who processed this case and in the district attorney's way of handling this case. Having said that, it is not unusual for the district attorney to refuse to prosecute when there is no evidence of a crime. The DUI statute [v.c. 23152(a) ] is a general statute that does not rely on the level of alcohol in the blood but relies on the effect the alcohol had on the driver. Why wasn't this prosecuted under this section?
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