Driving under the influence is illegal in every state, but the penalties upon receiving a DUI conviction can vary. When facing this type of offense, you may feel panicked, as some places require that you pay a hefty fine or face potential jail time. Many offenders seek legal counsel to see if the charges can be reduced, but in some instances, a DUI case can be dropped.
The weight of a DUI charge in any state can ruin employment and lifestyle opportunities if you are found guilty. State prosecutors and law enforcement usually aggressively pursue offenders, but strong evidence and a successful litigator can make all the difference in your DUI case.
A strong DUI defense requires a thorough understanding of the errors that the police and prosecutors make in DUI cases. Because of this, it might be in your best interest to discuss your issue with a DUI lawyer. Keep reading to get free legal help that could potentially lead to the dismissal of your DUI accusations.
Under What Circumstances Can a DUI Case Be Dismissed?
It is possible to have a DUI case dropped, but it depends on the details of your particular case. Our law office has managed to clear DUI charges due to the following reasons::
Lack of Probable Cause
The police must have probable cause to pull you over or detain you in the first place. If they didn’t have a reason for the traffic stop and acquired evidence like a breathalyzer test from you, it can be suppressed, and your DUI case may be dismissed.
Your Test Was Incorrectly Performed
If the breathalyzer or blood test that was used to calculate your blood alcohol content (BAC) was incorrectly performed, the results could be contestable, and the case may be dropped as a result.
Lack of Evidence
The case may be dropped if the prosecution cannot establish your guilt for driving while intoxicated beyond a reasonable doubt. A chemical test to determine your BAC is not the only form of evidence that can prove your intoxication. Other types of DUI evidence include:
- Field sobriety tests (FSTs)
- Officer testimony
- Physical evidence (e.g., a bottle of alcohol in the cupholder)
- Video evidence of your driving behavior
In the past, failure to Mirandize a suspect was also a way to get a DUI case thrown out. Legislation has changed over the last few years to the point that police are not required to tell you your rights, so anything that you say after being pulled over can be used against you. Continue reading to learn strategies you can use to increase the likelihood that your case will ultimately be dismissed.
Your Fight Is Our Fight
How Can I Improve My Chances of Getting My DUI Case Dismissed?
Whether or not your DUI case can be dismissed depends on the specifics of your case. However, there are just a few techniques a DUI attorney could employ to improve the chances of having a DUI case dropped.
- Contest the stop: Any evidence gathered after the stop could not be admissible in court if the police did not have a good reason to stop your car in the first place. Cases like Mapp v. Ohio are a prime example of this. You might be able to contest the stop, for instance, if the police stopped you for a broken taillight when you didn’t truly have a broken taillight.
- Challenge the results of the field sobriety tests: These tests are frequently subjective and not always accurate. A knowledgeable DUI attorney can contest the findings of these tests and make the case that they are not a reliable gauge of impairment.
- Contest the breathalyzer tests: Breathalyzer tests might yield inaccurate results if they are not calibrated or administered correctly. By disputing the officer’s training, the device’s calibration, or the manner in which it was administered, the reliability of the breathalyzer test can be questioned.
- Challenge the blood test: Although more reliable than breathalyzer tests, blood tests are not error-free. There may be issues with the sample’s processing, chain of custody, or test accuracy.
- Contact a DUI lawyer to litigate on your behalf: Having an experienced DUI lawyer who has specialized knowledge of the regulations and procedures of DUI cases will benefit you tremendously. Not only will they know they challenge tests, but if your DUI case can’t be dismissed, they can negotiate for a lesser charge. They also provide emotional support and fight hard to uphold your rights and interests.
What Does a DUI Accusation Mean?
When someone is charged with a DUI, it usually indicates that they are suspected of operating a motor vehicle while intoxicated or under the influence of another substance. A DUI accusation typically arises during a traffic stop where a police officer notices erratic driving conduct or other signs of intoxication, like slurred speech or the odor of alcohol on the driver’s breath.
To ascertain the driver’s blood alcohol concentration (BAC), the officer may do a field sobriety test, a breathalyzer test, or a blood test. The driver may be detained and charged with DUI if the BAC level is above the state-specific legal limit. DUI accusations are severe and can have serious consequences.
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What is the Legal Blood Alcohol Content Level in the U.S.?
Depending on the state and the type of driver—such as whether they are a business driver or a minor—the legal BAC (blood alcohol content) limit for driving in the US varies. For drivers aged 21 and older, the general limit is 0.08%.
This means that a driver can be prosecuted for a DUI or DWI violation if their blood alcohol content (BAC) is 0.08% or greater, in which, their DUI case can not be dismissed. For some categories of drivers, such as commercial drivers, several jurisdictions have lower BAC restrictions that may be as low as 0.04%.
The fact that a driver can still be detained and prosecuted for a DUI or DWI even if their blood alcohol content (BAC) is below the legal limit should not be overlooked if you are questioning if your DUI case can be dismissed.
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