Driving under the influence of alcohol is a serious crime in all fifty states. Due to the danger of drunk driving and the attention paid to the issue, the drunk driving laws have become increasingly strict, and even a single drunk driving offense can cause hefty fines, loss of your driver’s license for an extended period of time, or even a prison sentence. So, what can you do to get a DUI dismissed if you have been wrongfully accused, or if you feel that the proper procedures were not taken and you may not have been as intoxicated as the police are claiming?
Getting a DUI Dismissed
There are several methods for getting a DUI dismissed, but they all hinge on the single claim that proper procedures were not followed by the arresting officers. For example:
- If blood alcohol content testing equipment is not used properly or within a certain time period, the information that it gives can be false and incorrect levels can be returned by the tests. You will want to sit down with your lawyer and examine the testing procedure to see if it was done correctly and in a timely fashion in order to see if you can have the DUI charges dismissed for this reason.
- Another way to get a DUI dismissed is by proving the police officer incorrectly read your Miranda rights or other constitutionally-required rights declarations. If you were not read your rights, informed of the charges, or otherwise properly arrested and handled throughout the procedure, you and your lawyer may be successful in having your DUI charges dismissed in a court of law. Because police officers perform so many arrests, they often get complacent and may fail to perform the proper procedures each and every time, which can help you when you take your case to court.
- Another way that you can go about having a DUI charge dismissed is if the arresting officer’s testimony or other facts about the investigation can be brought into question. For example, if he wrote down incorrect information about your vehicle, or if his observations about your driving were incorrect, you may be able to cast enough doubt that the court will dismiss the charges.
- Additionally, in most states if the arresting officer fails to show up for any part of the court proceedings such as preliminary hearings, the case will be automatically dismissed for lack of evidence.
Getting Help
DUI charges can have long lasting implications on your life, so it is important to get the help you need to get unfair or improper DUI charges dismissed. An experienced criminal law attorney can assist you in collecting evidence to get a dismissal, or can help you plea bargain the charges down to a lesser offense in some cases.
