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

Asked almost 2 years ago - 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. Robert Laurens Driessen

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  2. Oscar Ernesto Toscano

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . 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... more
  3. Nicholas Basil Spirtos

    Contributor Level 20

    Answered . 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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