What are the main factors for getting a dui dismissed?

In order to prepare a viable criminal defense case to have a DUI dismissed, a defendant must seek the advice of legal counsel. With this being said, the following outlines some of the general factors relevant in most DUI cases working towards dismissal, including:

• Contest the accuracy and admissibility of the BAC or other samples. In short, without evidence substantiating intoxication or impairment, prosecutors have failed to prove elements requisite for conviction. While law enforcement officer testimony, video, and other evidence may be admitted, the reality is that most DUI cases hinge on the viability of the BAC sample. Contesting items such as the legality under which the sample was obtained, the accuracy of testing results, the chain of custody of the evidence, and a litany of the other items, while seeking to make any samples taken inadmissible, is a common DUI dismissal factor.

• Contesting the legality of the traffic stop and ensuing field sobriety testing done by law enforcement is also a common tact used in obtaining dismissal. These defenses often hinge on whether a given incident presented sufficient probable cause for a given law enforcement officer to continue investigating a driver for DUI, or in essence, conduct field sobriety tests and take further BAC samples.

• A limited number of cases will involve room for dispute concerning whether a driver was actually “driving”, or in control of a vehicle at the time of arrest. The defense in these cases may not emphasize disputing BAC samples or evidence of intoxication, but rather, may dispute the findings that a driver was actually in violation of DUI laws, rather than simple public intoxication or other related alcohol laws not involving operating a motor vehicle.

In short, having competent legal advice from a DUI attorney in your state, in light of the case-specific elements of your DUI arrest and ensuing criminal case, is the only viable method of preparing a DUI defense seeking dismissal.