How to Get a Dismissed DUI Charge

The charge of a DUI, known as “driving while under the influence,” is a serious criminal charge with significant consequences.  A DUI conviction may result in any of the following, depending upon the nature of the DUI and the jurisdiction:

• Jail time
• Diversionary program
• Fines
• Loss or suspension of driving license
• Probation
• Parole
• Alcohol and/or drug treatment programs

Getting a DUI Dismissed

Generally, the most frequent method by which a DUI charge will sought to be dismissed is based upon an argument that the police failed to follow criminal procedure laws when handling the defendant’s DUI arrest, booking, detaining, testing and more.  The defense attorney will frequently work with the prosecuting attorney early on in the case in order to try and have the case dismissed.

Factors That May Get a DUI Dismissed

The main factor that comes into play in DUI dismissal cases is whether the criminal procedure laws applicable to the particular situation were adhered to.  Common scenarios where the DUI may be dismissed include the following:

• failure to follow criminal procedure resulted in a violation of the defendant’s criminal rights
• the defendant did not receive a reading of his or her “Miranda” rights when arrested
• blood and alcohol tests were obtained improperly and must be thrown out as dismissed evidence

Getting Legal Help

A DUI case is a complicated criminal matter which should be handled by an experienced criminal attorney.  An experienced criminal attorney will not only be able to ensure that the defendant’s rights are preserved, but also the attorney will have knowledge of current trends and laws which could help to dismiss the case entirely.  In addition, in the event that a trial proceeds, the attorney can help you to get a speedy trial. Moreover, an experienced DUI criminal lawyer can increase the likelihood that you will have a favorable outcome.