The Role of Body-Worn Cameras or MVARS in San Diego DUI Arrests: What You Need to Know
In recent years, the use of body-worn cameras (BWCs) or MVARS (dash-mounted Mobile Video/Audio Recording System used alot by CHP) by law enforcement has sometimes been used across San Diego County. While originally introduced to promote transparency and accountability, if used these devices may occasionally play a critical role in DUI investigations and courtroom proceedings. If arrested for a DUI in San Diego, understand how it may or may not be relevant if used.
Why video footage may matter in DUI Cases
Body-worn or MVARS cameras may offer a real-time, unfiltered view of what transpired during a DUI stop—from the traffic stop to the field sobriety tests and any conversations between you and the officer. This footage once in a while can be used as evidence.
Here’s how any relevant body cam/MVARS footage may influence your DUI case:
- It May Support or Contradict the Officer’s Report
Police officers are trained to document DUI stops in written reports, but human memory isn’t perfect. Body cam/MVARS footage may sometimes confirm, or challenge claims made in those reports—such as whether you were slurring your speech, had bloodshot eyes, or stumbled during a field sobriety test.
- It May Capture Your Behavior and the Officer’s Conduct
Footage, if in existence, may reveal whether you were cooperative or agitated, and whether the officer acted professionally or overstepped legal boundaries. This possibly may be helpful if your defense involves allegations of improper police conduct or a violation of your rights.
- It May Show Improper Administration of Sobriety Tests
Field sobriety tests must be conducted according to protocols. If the officer failed to explain the test properly, or administered it incorrectly, this may be grounds to challenge the results or any opinion of sobriety the San Diego DUI officer may have.
Can Body Cam or MVARS Footage Possibly Help Your Attorney get a DUI Charge Dropped?
In some cases, yes. A skilled San Diego DUI defense attorney can find out if footage exists and, if it shows inconsistencies, unlawful behavior, or rights violations, use it to build a defense. Examples of how this might help include:
- Demonstrating your physical coordination contradicts claims of impairment.
- Revealing unlawful search.
How to Obtain Body Cam or MVARS Footage in San Diego DUI Cases
If you’ve been arrested for DUI in San Diego, your attorney can request the body cam or MVARS footage through discovery. However, footage is not always available or used; it is not stored indefinitely as many agencies retain it only for a limited period unless it’s flagged as evidence.
What If the Officer Didn’t Have Body Cam Footage?
While most San Diego-area law enforcement agencies require the use of body or MVARS cams, not every situation is captured on video. A malfunctioning device, a non-activation, or a department that hasn’t yet fully implemented the technology may mean the footage does not exist or is not relevant to a specific charge.
Important note: The absence of footage doesn’t automatically invalidate the arrest, but it could raise questions about the reliability of the officer’s testimony.
Bottom line: It is important to know which charges are pursued and which ones are dropped.
Count 1 – DUI (Driving under the influence of alcohol) per Vehicle Code Section 23152(a) could be dropped.
For example, if there is an offer to drop the “under the influence” DUI charge, you may only be pleading to another charge. If that charge is Driving with .08% BAC or more (Count 2 – Vehicle Code Section 23152(b), any footage of you as being “under the influence” would no longer be relevant to a .08% or more BAC charge.
There is usually no video of the required chemical test at station or jail. They do not need to videotape the test unless a refusal; there will be a separate chemical test record showing BAC results.
Any video could often go only towards dismissal of the DUI but not the .08% or more chemical test.
There is usually no video taken of the officer’s administration of the breath test or the blood analysis conducted by the laboratory at the time of analysis.
The police generally do not use a Body Worn Camera to videotape the driving. Even if they did, the charge of Driving under the influence may be dropped so any video would be moot or irrelevant.
The police do not need to turn on the video camera; the police instead have an officer swear under penalty of perjury what is in the report.
The police have no legal obligation to tape anything. As it can state in the report, any Body Worn or MVARS camera “may or may not have captured all information relevant to the event.”
It often boils down to the officer’s observations vs. your recall. It is not always to the police advantage to videotape as you mostly always lose when it is your word vs. the officer’s word.
Turning on the camera appears to be an option for all practical purposes.
When the police turn on the camera for an enforcement contact, it is usually after the police make an enforcement stop or make contact and during the field sobriety tests or your conversation.
The officer’s opinion of you being under the influence is usually based, in part, on your performance of the tests (which sometimes are caught on video but only if the tests are done in line with the camera which is not how they usually do it). But when the DUI (Driving under the influence) is dropped, any video would essentially have no material bearing on a breath test record or blood test report (which are not videotaped).
San Diego DUI Lawyer
Rick Mueller, a California DUI Lawyers Association Specialist, has the experience necessary in analyzing police procedures and leveraging body cam evidence to his clients’ advantage. Don’t leave your future to chance. Contact Rick today for a free consultation.