How to Get a DUI Charge Dismissed
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
- Loss or suspension of driving license
- 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 (info on matching the BAC Legal Limit). The defense attorney will frequently work with the prosecuting attorney early on in the case in order to try and have the case dismissed.
Learn more about Fighting a DUI Charge.
Factors That May Get a DUI Dismissed
The main factor that comes into play to beat a dui 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 (Info on Avoiding a DUI Conviction). 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.
Learn more about Arrest and Arraignment for Drunk Driving.