BAC not recorded
Question: Can my DUI be dismissed if my BAC was not recorded on the officer’s report?
I was arrested for a DUI when I was parked alongside the road and I was not moving. The officer pulled up and arrested me for DUI. He told me I had to blow no matter what and I did. On the paper work for my arrest they did not record what my BAC was. Is this grounds for dismissal?Hiring an experienced DUI attorney mitigate consequences, potentially reduce charges and get your DUI dismissed, and can save you money, time, and frustration
Answer: When you say that the BAC level was not listed in the police officer’s report, are you referring to the citation that you received after the night of your arrest, or the actual police report that was given to you or your attorney at the first court date, or received from the DMV if you or your Lawyer timely requested an Admin Per Se hearing?
If the officer simply did not include your BAC level on the citation that was issued to you, it won’t make a difference in your case. If there is no indication of a BAC level in the actual police report and DS 367 report assuming your DUI arrest was in California, and you are not being charged with a “Refusal” enhancement, then that is a great start to defending your case. It does not mean an automatic dismissal necessarily, but it can be a persuasive argument to say the least.
Were you legally parked on the side of the road when the officer approached you? What type of road? A residential road? The freeway? There could be a potential suppression issue that could potentially lead to a dismissal of the charges. Whatever the case, it takes one argument out of the prosecutor’s hands since there was no bad driving observed by the officer.
You need to talk to a DUI attorney in your area to get a more specific assessment of the potential strengths in defending your case.
If your DUI case is in or around Los Angeles county, call me at (818) 336-1384 to discuss your situation further. I recently won a trial in a similar situation as yours where my clients car was parked on the side of the road and the officer approached him claiming he was parked illegally. There were some damaging parts of the police report, including a .14 blood alcohol content level. I was able to expose reasonable doubt in the case though.
In the event your case is not in Southern California, I may be able to refer you to a good DUI lawyer in your area. In the event I don’t hear back from you, good luck with everything.
DUI Defense Attorney