What to Provide for an Impaired-Driving Case Review
A meaningful review of an impaired-driving investigation requires more than the officer’s arrest report. Police reports provide the officer’s written account, but video recordings, testing records, dispatch information, photographs, and other discovery may reveal details that were omitted, summarized, or interpreted differently in the written narrative.
Providing complete discovery allows the investigation to be examined as a whole and helps identify the issues that may warrant closer attention.
POLICE REPORTS AND SUPPORTING DOCUMENTS
The initial submission should include every available report associated with the investigation. Depending on the case, this may include:
• Arrest and incident reports
• Supplemental reports
• Affidavits and warrant applications
• Administrative license-suspension documents
• Witness statements
• Accident reports and diagrams
• Chemical-testing documents
• Drug Recognition Expert paperwork
Reports from assisting officers may be particularly important. Those officers may have observed the vehicle, interacted with the driver, administered testing, conducted an inventory or search, or recorded information not contained in the primary officer’s report.
VIDEO AND AUDIO EVIDENCE
Video evidence is often among the most important materials in an impaired-driving case. Whenever available, provide:
• Body-worn camera recordings
• Cruiser or dashboard video
• Booking-room or station video
• Roadside or traffic-camera footage
• Civilian or business-surveillance recordings
• Dispatch audio and recorded telephone calls
Video permits an independent assessment of what was actually said, demonstrated, performed, and observed. It may also help determine whether the written report accurately reflects the recorded encounter.
FIELD SOBRIETY TESTING
When standardized field sobriety testing is involved, the review should include the full recording of the roadside encounter—not merely a short clip of the tests themselves. The events leading into testing can provide important context regarding the officer’s instructions, the testing environment, the driver’s physical condition, and the decision to begin or discontinue particular tests.
Relevant materials may include:
• The officer’s SFST narrative
• Video of the complete roadside interaction
• Test worksheets or field notes
• Training records when relevant and available
• Photographs or video showing the roadside surface and surrounding conditions
DRE AND DRUG-IMPAIRED DRIVING CASES
Drug-related investigations frequently involve additional records. If a Drug Recognition Expert evaluation was conducted, provide the DRE face sheet, narrative report, toxicology results, interview notes, diagrams, breath-test results, medical-rule-out information, and any available video of the evaluation.
The DRE opinion should be considered alongside the complete record, including the arresting officer’s observations, the timing of the evaluation, toxicology findings, medical information, and documented performance during each step of the process.
BREATH AND CHEMICAL TESTING
For breath-test cases, useful records may include the breath-test printout, operational checklist, observation-period documentation, simulator or calibration records, maintenance documentation, operator certification information, and any video from the testing location.
For blood or urine cases, laboratory reports, chain-of-custody documentation, collection records, chromatograms or supporting laboratory data, and relevant medical records may be necessary depending on the requested scope of review.
DEADLINES AND THE QUESTION BEING ASKED
Identify any approaching hearing, motion, disclosure, deposition, or trial date when requesting a review. Counsel should also explain the primary question presented by the case. For example:
• Was SFST administration consistent with standardized procedures?
• Does the video support the observations described in the report?
• Was the DRE evaluation properly conducted and documented?
• Are there inconsistencies between the evidence and the investigative conclusions?
• Would written expert findings or testimony be useful?
A case review can begin with the materials presently available. Additional records can be identified after the initial examination if necessary.
PROTECTING CONFIDENTIAL INFORMATION
Do not submit confidential case materials through an ordinary website inquiry form. The initial form should contain only enough nonconfidential information to evaluate the nature of the request, applicable deadlines, potential conflicts, and availability. Secure transfer instructions can then be provided separately.
A complete and organized submission helps make the review more efficient and allows counsel to receive focused assistance directed toward the actual issues in the case.
To discuss an impaired-driving matter, request a confidential case review through Fisher DUI Consulting.
