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Can a dui be dismissed with no penalties?
Question:
Can a dui be dismissed with no penalties?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
Many people mistakenly think that failing a breathalyzer test means you will be convicted of driving under the influence, but if you are thinking, "Can a DUI be dismissed with no penalties", the answer is yes. If your case is dismissed, you should expect that all associated penalties will be eliminated because you will never be sentenced.
One exception to this as it pertains to DUI cases can be drivers license suspension. In most states, a DUI conviction can involve a court procedure and an administrative procedure handled by the state's Department of Motor Vehicles. If you refused to submit to a requested breathalyzer test you violated your the implied consent laws in your state which resulted in an immediate and automatic suspension of your drivers license.
If your DUI case is dismissed from the criminal courts, your attorney may be able to get your license suspension if you refused the breathalyzer, but this will be a separate legal proceeding.
Obtaining A Dismissal
If your attorney can file a successful motion convincing a judge that insufficient probable cause existed to pull you over in the first place, your case will be dismissed before going to trial.
If you do go to trial, you will not automatically be convicted. A jury of your peers may find you not guilty after deliberating over the evidence. If that happens, there will be no penalties.
Get Legal Help
Find an experienced defense attorney who has a demonstrable track record of helping other clients obtain dismissals or reduction of charges. Don't be afraid to ask them about their defense strategies, and what past results were in cases that were similar to yours. Find an attorney that you trust and have confidence in because your future is at stake.
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