How to Get CHP MVARS Video After a DUI

There are three ways to ask for CHP MVARS video after a DUI arrest: asking the prosecutor in the criminal case, making a public records request before charges are filed, or using a DMV hearing subpoena. Which path fits you depends on whether the prosecutor, the government lawyer often called the DA, has filed a court case. I am Joel Brand, and here is how I ask for the CHP dash cam, wireless MVARS, and body camera video in the order that usually makes sense.

What is MVARS?

MVARS is the CHP's in car video and audio system, and it can include more than the camera on the windshield. MVARS stands for Mobile Video/Audio Recording System. In daily talk, most people call it the dash cam.

The CHP evidence manual covers the original MVARS system, which records to DVDs, the newer wireless system the manual calls WMVARS, and body worn cameras, which are cameras worn by the officer. CHP has been adding body cameras, and the same request rules cover them. I have a general post on police body camera footage, but this page goes deeper into the CHP process.

For your request, I do not use loose words like "the video" if I can avoid it. I ask for MVARS, wireless MVARS, and body camera recordings from every CHP officer at the scene. That wording helps keep the request clear.

Why does the video matter in a DUI case?

The video matters because it can show what happened before, during, and after the stop better than memory alone. It may show your driving, the officer's words, your answers, the tests on the roadside, and the way the arrest happened.

I compare the video to the police report. If the report says you swerved across lanes, I want to see the driving. If the report says you were unsteady, I want to see how you stood, walked, turned, and talked. If the officer says a roadside test was explained a certain way, I want to hear the words used.

The video may also show a stop issue. A stop issue means the officer may not have had a lawful reason to pull you over. That kind of issue can lead to a motion to suppress evidence, which asks a judge to keep certain evidence out because of an unlawful stop, search, or seizure. The video does not decide the issue by itself, but it gives the judge a clearer record than a report alone.

Some of the most useful facts are small. I look for lane position, traffic, lighting, road signs, the shoulder, and the time between the stop and each step. Those facts can show whether the officer followed normal steps or made one of the common police mistakes at a DUI stop.

Who keeps the CHP video, and how long is it kept?

The local CHP Area office keeps the recordings, and an MVARS coordinator at that office handles them. An Area office is the local CHP station for the place where the stop happened.

The CHP manual says recordings are filed by date. A DUI arrest is usually a misdemeanor, a lower level crime, or a felony, a more serious crime, depending on the facts. The manual lists "felony arrests, misdemeanor arrests" as a "significant event". For DVDs, a significant event goes in a red sleeve. For wireless MVARS and body camera recordings, officers log significant events on an evidence log.

The manual says recordings "shall be retained for a minimum of one year. Certain recorded incidents, such as a significant event, may require longer retention." That rule means the CHP's own system keeps the video longer than many people fear. I still ask early because one year is only the floor, and a written request creates a record that the video matters.

If the coordinator cannot copy a damaged DVD, the original is not released. If the request is urgent and the DVD still plays, the manual says the requester may schedule a time to watch it with the coordinator present.

Why did the CHP tell me to go through the DA?

The CHP told you to go through the DA because its own manual sends filed criminal cases to the prosecutor instead of the Area office. The DA is the district attorney, meaning the lawyer's office that prosecutes the court case.

The CHP manual first gives a broad rule: "Generally, a requestor is entitled to a copy of their specific MVARS/WMVARS/BWC recording(s)". BWC is the manual's short name for body worn camera. The manual then sorts requests by the type of case.

If a criminal case has been filed, CHP staff are told to "Advise the defendant to go through the formal discovery process through the DA's office." A defendant is the person accused in court. Discovery is the court process where each side asks for and gives case evidence.

If charges have not been filed and the investigation is still open, the manual says, "The request shall be treated as a PRA request." PRA means a request under the California Public Records Act, a law that lets people ask for government records.

The manual also says traffic citation copies may be released to the defendant, and civil case parties are generally entitled to a copy. A copying fee can apply for some request types, including public records requests and DMV hearing requests. In a filed DUI court case, though, the main path is discovery through the prosecutor.

Route 1: discovery through the prosecutor after charges are filed

After charges are filed, I ask the prosecutor in writing for the CHP recordings through criminal discovery. Filed means the prosecutor has put the case into court.

Penal Code section 1054.1 requires the prosecutor to disclose several kinds of evidence, including "Statements of all defendants", "All relevant real evidence seized or obtained as a part of the investigation of the offenses charged", and "Any exculpatory evidence". Exculpatory evidence means evidence that helps the defense. This duty applies if the evidence is in the prosecutor's possession or if the prosecutor knows the investigating agency has it.

Penal Code section 1054.5(a) says the discovery chapter is "the only means" a defendant can use to compel disclosure from the law enforcement agency that investigated the case. Compel means force by court order. In plain English, once the case is filed, I do not try to make the CHP hand over the recording directly for the criminal case. I make the request to the prosecutor, and the prosecutor gets it from the CHP.

Penal Code section 1054.5(b) says that before asking a judge to enforce discovery, a party must make an informal request to the other side. The same rule says, "If within 15 days the opposing counsel fails to provide the materials and information requested, the party may seek a court order." The judge can then order immediate disclosure, delay or bar evidence, grant a continuance, which means move a court date, or tell the jury about the failure.

Penal Code section 1054.7 says disclosures must be made at least 30 days before trial. That rule does not mean I wait. I ask early and ask in writing.

The video is often not in the first stack of papers handed over at the arraignment, which is the first court date where the judge tells you the charge and asks for a plea. I ask for it by name: MVARS, wireless MVARS, and body camera recordings from every CHP officer at the scene.

Some counties have standing court orders that limit what defense lawyers may do with MVARS video. Siskiyou County is one example. Its standing order says the video may not be used "in any proceeding other than the criminal case involved" or shared. It also limits who may see it to the parties, lawyers, their staff, the court, and retained experts and investigators, and it bars defense counsel from giving the defendant the addresses or phone numbers of people identified in it. Your lawyer will know your county's rules. You may still watch it with your lawyer.

Route 2: Public Records Act request before charges are filed

Before charges are filed, a Public Records Act request can be worth making, but it is not a sure path in a DUI case. The request may be refused if the video is tied to an open investigation.

The CHP's public records page says requests can be made through the online Public Records Center, or by calling or visiting the nearest CHP Area office. The page says contacting the Area office where the incident happened "is preferred, but not required." You can find the local station through the CHP list of Area offices.

The CHP page asks for "A clear and specific description of the record", "The date(s) of the record", "Location where the incident occurred", "The subject of the record", and any other details that help staff find it. If you want notice when the record is ready, include your contact information.

The CHP administrative manual says, "The MVARS is considered to be a public record unless it has captured exempt or sensitive material". Exempt means the law allows the agency to hold back that part. The manual lists personal identifiers of involved or uninvolved third parties, demonstrations of specialized officer safety and enforcement tactics, confidential peace officer personnel information, and especially graphic images or sounds.

If the exempt parts can reasonably be separated, the CHP has a duty to provide the rest in redacted form. Redacted means parts are blacked out, blurred, or muted.

Government Code section 7922.535 says that within 10 days of receiving a request, the agency must decide whether it seeks disclosable records and tell the requester the reasons. In "unusual circumstances", the agency can extend that time by written notice for no more than 14 days.

Government Code section 7923.600 lets police agencies withhold records of investigations. That is the main reason a public records request can be denied while a DUI case is still open. Once charges are filed, the CHP's own rule sends you to discovery through the prosecutor instead.

Route 3: DMV hearing subpoena and the CHP 36M agreement

For the DMV hearing, I ask the DMV to issue a subpoena to the CHP for the recordings. The DMV hearing is the separate license hearing after a DUI arrest, and it runs apart from the criminal court case.

Vehicle Code section 13558(b) says that to get a hearing before the suspension takes effect, the request must be made within 10 days of receiving the notice of suspension. If you are still inside that window, read about the first ten days after a DUI arrest and the DMV hearing and its 10 day deadline.

Vehicle Code section 14104.5(a) says that before the hearing starts, the DMV "shall issue subpoenas or subpoenas duces tecum, or both, at the request of any party". A subpoena is an order to appear or bring evidence. A subpoena duces tecum is an order to bring documents or recordings.

Vehicle Code section 14104.5(b) allows those subpoenas to be served by first class mail. Served means legally delivered.

For a DMV hearing copy, the CHP manual requires the person asking to sign the CHP 36M, called the "Departmental Digital Media Admin Per Se Disclosure and Use Agreement". Admin Per Se means the DMV license suspension process after a DUI arrest, and you can read more about the administrative per se suspension.

The manual says the CHP 36M prohibits use of the copy "outside the scope of the Admin Per Se hearing process". CHP staff must also tell the requester that "a formal request through the DA is required to use a copy of the video/audio recording in a criminal case." So the DMV copy is for the DMV hearing. Court use still goes through the prosecutor.

If the person refuses to sign the CHP 36M, the manual gives the CHP another path. The officer who comes to the DMV hearing under a properly served subpoena brings a copy and asks the hearing officer for a protective order, which is an order limiting how the video can be used. If the hearing officer denies that request, the officer provides the recording as the hearing officer directs. A DMV hearing officer does not have to sign the CHP 36M.

If you are handling the license hearing, it helps to know how to prepare for the DMV hearing and what may be inside the DMV discovery packet.

What should I have ready before I ask?

You should gather the facts that help the CHP or prosecutor find the exact recording. Do this while the stop is still fresh in your mind.

• The date of the stop.
• The best estimate of the time.
• The freeway, road, exit, city, or nearby cross street.
• The arresting officer's name, if you have it.
• The officer's ID number, if it appears on your papers.
• The CHP Area office, if you know which station handled the stop.
• The case number or citation number.
• The Notice to Appear, meaning the citation the officer gave you with your court date.

If you do not have every item, you can still ask. The more detail you give, the easier it is for the right person to locate the recording.

What I look for when I watch the video

I watch the video next to the police report and look for facts that either support or undercut the officer's version. I do not watch it with a wish list. I watch it to learn what is really there.

• I look at the driving before the lights came on and whether it supports the reason for the stop.
• I look at how you spoke, stood, walked, and answered questions.
• I look at how the officer explained and scored the field sobriety tests, which are roadside balance and coordination tasks.
• I look at the surface, slope, lighting, weather, and footwear during the tests.
• I look at what you were told about the roadside breath test and the chemical test.
• I look at the timing of questioning compared with the arrest.
• I look for anything in the officer's report that the video does not show.

The walk and turn test gets special attention because it is easy to score in a way that sounds worse on paper than it looks on video. If that test is in your report, read about the walk and turn test. If you are wondering whether you had to do roadside tests at all, I also explain whether you can refuse field sobriety tests.

Questioning can raise a separate issue. Miranda warnings are the warnings about the right to remain silent and the right to a lawyer. They do not apply to every roadside question, so timing matters. I explain that issue in more detail in Miranda warnings at a DUI stop.

The video can also show things that help the prosecution. I would rather know that early because it shapes an honest plan.

If the video is missing

If the video is missing, I do not assume the case is over; I ask why it is missing and what CHP records show. The CHP manual's one year minimum and significant event rules give me concrete places to look.

I ask about the evidence log, the coordinator's records, and whether the CHP's own rules were followed. I also ask whether the recording was ever copied, logged, viewed, or sent to the prosecutor.

California v. Trombetta (1984) 467 U.S. 479 and Arizona v. Youngblood (1988) 488 U.S. 51 deal with lost evidence and due process, which means the basic right to fair government action. Lost evidence violates due process when its helpful value was clear before it was lost and the defense cannot get similar evidence another way. For evidence that was only potentially useful, the defense must show bad faith.

A judge decides what remedy, if any, fits the facts. The remedy is not automatic. The related rule for evidence that helps the defense is explained in my page on the prosecutor's duty to disclose helpful evidence.

What to do now, in order

The next steps depend on where your case is right now, so I handle the video request and the DMV issue at the same time. Here is the order I use.

1. Write down the date, time, place, officer name and ID, and the case or citation number while you remember them.
2. Request the DMV hearing within 10 days and ask for a subpoena for the MVARS and body camera recordings.
3. If no case has been filed yet, make a Public Records Act request to the CHP, online or at the Area office, and describe the recording exactly.
4. Once the case is filed, make a written discovery request to the prosecutor naming the MVARS, wireless MVARS, and body camera recordings from every officer at the scene.
5. If nothing arrives within 15 days, the next step is a motion asking the judge to order it.
6. Watch the recording with your lawyer, next to the police report.
7. Use the free case analysis on this page or call me directly at (888) 271-6644. I answer my own phone, 24/7.