If you're arrested for driving under the influence, you'll immediately turn your attention to the steps you can take to avoid the most serious consequences. In a perfect world, you'd take steps to get your DUI charge dismissed.
Here are some of the most common reasons for a DUI dismissal:
- Invalid traffic stop: The officer must have reasonable suspicion that you committed a crime. This can include anything from speeding to changing lanes without signaling. However, if the officer pulled you over without reasonable suspicion, any evidence obtained may be impermissible in court.
- Errors with field sobriety tests: Police officers typically use field sobriety tests to determine if a driver is impaired. These include: walk and turn test, horizontal gaze nystagmus and the one leg stand. Errors can include administering the test without proper instruction and conducting the test in a poorly lit area.
- Inaccurate chemical test results: It doesn't matter if you took a breath, blood or urine test, you may be able to challenge the accuracy. A common defense strategy is contesting that the Breathalyzer was not properly maintained before use.
- You weren't the person behind the wheel: This can't be used in all circumstances, but it often comes into play in a single vehicle accident where there are no witnesses who saw who was driving.
It's never easy, but it's possible to get your DUI charge dismissed. Your success is based on many factors, including a strong understanding of why you were charged with this crime and your legal rights. With the right knowledge, you can formulate a strategy to help you avoid punishment.