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If you take a breathalyzer after being pulled over will that information be included in the police report?

Los Angeles, CA |

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.

Attorney Answers 3


  1. 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.
    Robert Driessen

    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.


  2. 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?

    I am licensed to practice in the state of California. I handle cases from Sacramento to San Diego. I have handled cases in Federal District courts from Alaska and throughout the United States. My comments and opinions are based on California law and are based on the limited information provided in the question. Legal questions are usually fact specific and a few facts can and often does change the opinion I would give. It is better to consult with an attorney in your jurisdiction (your geographic area) and provide specific details regarding your case in private. You would get more specific advice. The contents of the conversations with your attorney are confidential and are protected from being revealed. The statements made in this public forum (AVVO) are not confidential and could be revealed. Therefore, you must be very careful in the details you provide. Do not disclose information that could be a crime or that could be used in order to prove a crime was committed. If you are in California and want to clarify any of my answers, feel free to contact me.


  3. If a breathalyzer test was administered in the field, you would normally expect the police officer to include that in the report.

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