Police reports in DUI cases are sometimes inaccurate or incomplete. While they serve as a key piece of evidence, they can contain errors that could significantly affect the outcome of your case. In this guide, we’ll take a look at what is often misunderstood or mishandled in DUI police reports, and how this can impact the defense of your case.

What Police Reports Often Get Wrong in DUI Cases

If you’ve been charged with a DUI in West Virginia, one of the most critical pieces of evidence used against you will be the police report. Law enforcement officers are trained to document every detail of an arrest, from the initial stop to the final arrest. However, police reports are not perfect. In fact, they are often incomplete, inaccurate, or biased, which can significantly affect the outcome of your case. At The Wagner Law Firm, we know how critical it is to thoroughly review the police report as part of your defense strategy. Many of the mistakes that officers make in their reports can be challenged in court, potentially leading to reduced charges or even the dismissal of your case. Below, we will explore some of the most common errors officers make when writing DUI reports and explain why these mistakes matter.

1. Misinterpretation of Field Sobriety Tests

Field sobriety tests (FSTs) are commonly used by law enforcement to determine whether a driver is impaired. These tests often include tasks like walking a straight line, standing on one leg, or performing a gaze test. However, the results of these tests can be subjective and prone to error. One of the most significant issues with FSTs is that they can be misinterpreted. Officers are trained to observe specific behaviors and physical signs that suggest impairment, but environmental factors can skew the results. For example, uneven ground, poor weather conditions, or even the officer’s interpretation of the subject’s behavior can all contribute to an inaccurate assessment.

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Defending West Virginia Residents for over 24 Years

Additionally, certain medical conditions or physical disabilities may prevent an individual from performing well on these tests, even if they are sober. For instance, someone with balance issues or a leg injury may fail a walk-and-turn test, even without any impairment. Unfortunately, police reports sometimes fail to mention these important factors, and the officer may improperly interpret the test results as evidence of intoxication.

2. Inaccurate Breathalyzer Testing Procedures

Breathalyzer tests are one of the most common methods used to measure a person’s blood alcohol concentration (BAC). While these tests are often relied upon as evidence in DUI cases, they are not foolproof. In fact, police reports frequently fail to note several important factors that can affect the accuracy of breathalyzer results. For example, residual mouth alcohol, such as from a recent mouthwash or even burping, can interfere with the accuracy of the test. Breathalyzer devices also need to be properly calibrated to provide accurate results, but police reports sometimes fail to mention when the device was last calibrated or whether it was functioning properly. Furthermore, the officer may not have followed the proper procedures when administering the test, which can invalidate the results. Another issue with breathalyzer tests is that they only measure the amount of alcohol in your breath, not your blood. This means the results can sometimes be inaccurate if the breath alcohol concentration doesn’t correlate with the BAC in your blood. An experienced DUI attorney can challenge the breathalyzer results if these factors are not properly addressed in the police report.

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Harley and Heather gave me peace of mind as they walked me through the process of my DUI. Heather was so quick to answer even the smallest and probably irrelevant questions I had. I was extremely nervous to walk in the courtroom, but Harley made sure I was in and out of there in no time with the best deal I could think of. My DUI charge was reduced to a speeding ticket and some online DUI classes. Would absolutely recommend Harley and Heather if you’re ever in need of a lawyer.”

- Antea Jarazi

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The Wagner Law Firm was amazing from beginning to end dealing with my case. This was my first time ever dealing with anything like this and they helped me tremendously and answered all my questions super fast. We got the best outcome possible for my case and I will be recommending Harley and Heather to anyone that’s ever in my situation."

- Savanna Cummings

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Harley and Heather do not stop and are excellent at always keeping their clients up to date on the status of their case and never left wondering. They do all the work and are very well connected throughout the state. I will forever be grateful to both Harley and Heather for what they did for me,,,, they aren’t just another law firm, they are great people who truly care. Thank you."

- Clint Anderson

3. Omissions or Errors in Reporting the Reason for the Traffic Stop

One of the most common mistakes in DUI police reports is the failure to properly document the reason for the initial traffic stop. In order for an officer to pull you over, they must have reasonable suspicion that you are violating the law. Whether you were speeding, swerving, or exhibiting another driving behavior that raised suspicion, the officer is required to explain this in their report. If the officer fails to clearly explain the reason for the stop or includes inaccurate details, it could be grounds for challenging the entire case. Without a valid reason for the stop, evidence obtained during the DUI stop may be inadmissible in court. In some cases, officers may also fail to include details about the manner in which they observed your driving, which could weaken the case against you. At The Wagner Law Firm, we meticulously review each DUI report for any potential errors or omissions in the details surrounding the traffic stop. If the officer did not follow proper procedure or failed to explain the reason for the stop adequately, this could be a critical point in your defense.

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DUI Felony 3rd Offense

Not Guilty

DUI 1st

Not Guilty

Aggravated DUI 1st

Charge Reduced

.08 DUI Causing Death

Case Dismissed

DUI Felony Fleeing / Attempted Murder by Vehicle

All Charges Dismissed

.14 Felony DUI Causing Death Case

Reduced to Misdemeanor

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4. Ignoring or Misreporting Medical Conditions and Medications

Certain medical conditions or medications can mimic the signs of intoxication, such as slurred speech, lack of coordination, or drowsiness. These conditions, such as diabetes, epilepsy, or neurological disorders, may lead to behaviors that an officer might incorrectly interpret as signs of impairment. However, these factors are often overlooked or not properly documented in police reports. For example, if you have a medical condition that causes involuntary tremors or affects your motor skills, you may appear impaired during the field sobriety tests, even though you are sober. Additionally, medications prescribed to you for legitimate health reasons, such as painkillers, can also produce symptoms similar to intoxication. If the officer fails to ask about any underlying medical conditions or medications you’re taking, it can skew the report and lead to a wrongful arrest. In such cases, an experienced attorney can present medical records or expert testimony to explain how your condition or medication may have contributed to the behavior observed by the officer. The absence of this critical information in the police report could be a powerful argument in your defense.

5. Officer Bias or Inconsistency in Reporting

While police officers are trained to remain objective, biases can still affect their judgment. An officer’s personal feelings toward the suspect, or even unconscious biases, can influence how they perceive a situation and describe it in their report. For example, an officer may overstate signs of intoxication or fail to report details that would be beneficial to the defendant. Additionally, inconsistencies in the officer’s report can weaken the case against you. If the officer’s description of the events doesn’t align with the physical evidence or contradicts their initial statements, this can be used to cast doubt on their version of events. At The Wagner Law Firm, we thoroughly examine police reports for any inconsistencies, errors, or discrepancies that could be used to challenge the officer’s credibility.

6. Improper Documentation of Evidence and Chain of Custody

DUI cases often involve the collection of critical evidence, such as breath, blood, or urine samples. These samples must be properly documented, handled, and transported to ensure they are admissible in court. Unfortunately, police reports frequently fail to document the chain of custody, which is a critical part of ensuring the integrity of the evidence. If the report does not specify who handled the evidence at every stage or if there are gaps in the documentation, it could lead to questions about the validity of the evidence. In such cases, it may be possible to challenge the results of a breathalyzer test or blood alcohol test based on improper handling or failure to follow proper procedure.

7. Lack of Proper Officer Training or Procedural Errors

Another common issue with police reports in DUI cases is the failure to properly follow procedure. For example, officers may not give you your Miranda rights when required, or they may fail to properly administer a breathalyzer or field sobriety test. If the officer’s report omits key procedural steps or does not reflect the correct procedure, it can be grounds for challenging the evidence in your case.

How an Experienced DUI Lawyer Can Help You

When you’re facing DUI charges, every detail counts. An experienced DUI defense attorney can help you challenge the police report and identify errors or inconsistencies that could make a difference in your case. At The Wagner Law Firm, we have a proven track record of defending clients against DUI charges. Our team will review your case, investigate the circumstances surrounding your arrest, and develop a strategy to challenge any inaccuracies in the police report. Don’t leave your future to chance—contact us today for a free consultation and let us help you navigate your DUI case with confidence.

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What Police Reports Often Get Wrong in DUI Cases