This is probably the biggest question on people's minds when they've been arrested by the police, thrown in the back of a police car, taken to the police station, held for some time, and then let go with a citation.
They want to know if they can get their DUI case dismissed. What they start doing is they start reading stuff on the internet, seeing specific little snippets that they think apply to them, and then they think they might be able to get their case dismissed. The bottom line is that many of these things on the internet only apply to particular circumstances. Often, I see that the circumstances are circumstances that very rarely ever happen in a DUI case.
You have to take some of that information with a grain of salt and realize that you're going to have to face the hard reality that you've been arrested and charged with a DUI and unless you were under the .08 blood alcohol level, or it was an illegal arrest or the police can't prove that you were driving, you're going to have to take a DUI.
Any attorney telling you different and making it sound like you're going to get your case dismissed just as long as you pay them is probably not telling you the truth. I field calls all the time. I meet with people all the time that have met with attorneys.
The attorneys have given them some wrong information that has nothing to do with their case, and now they're trying to get their case dismissed, and I have to be the bearer of bad news and tell them that they're not going to be able to get their case dismissed.
Factors that Determine The Possibility of a DUI Dismissal
So, when you're thinking about whether you have a chance to get your case dismissed, you should be looking at number one: is your blood alcohol a .08 or greater.
Number two, were you lawfully pulled over; number three, were you lawfully arrested; and finally, number four, were you driving the vehicle at the time, so the police can prove you were going. If the police can't prove one of these things, now you're in the ballpark to be able to have your case dismissed potentially.
The fact that you're a good upstanding citizen, you've never been in trouble before, and you didn't feel drunk are all things that don't matter much when it comes to a DUI.
I would encourage you to stop looking at little scenarios that may or may not apply to you. It would help if you got in front of an experienced drunk driving attorney. Be honest with him. Tell him what happened because the attorney is going to look at the police report and talk to the prosecutor and get their version of events.
Of course, they're going to listen to what you have to say. Then they're going to put their experience to work for you and make a decision with your help as to whether or not this is a curse you're going to fight or whether or not this is a case you're going to fight, or this is a case that you need to resolve.
So, getting a DUI case dismissed is not easy, and it doesn't happen very often. I'd say a tiny percentage of the time. You've got to have the evidence to win the case if you want to have any chance to get your DUI dismissed. So, pick up the phone now. Make the phone call. I'm here to help you, but I'm also here to tell you the truth about what you're facing with your DUI charge.