When you've been arrested for a DUI, it's natural to wonder if your case can be dismissed. You may have been taken to the police station, held for a period, and then released with a citation. This is just the beginning of a complex legal process. It's important to understand that a DUI case involves several steps, from the initial arrest to potential court hearings and negotiations.
They want to know if they can get their DUI case dismissed. They start by reading information on the internet, seeing specific snippets that they think apply to them, and then they believe they might be able to get their case dismissed. The bottom line is that many of these online claims only apply to specific circumstances. Often, I see that the circumstances are very rare 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 differently 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, and I meet with people all the time who have met with attorneys.
The attorneys have provided them with incorrect information that is unrelated to their case, and now they're attempting to have their case dismissed. I have to be the bearer of bad news and inform them that they will not be able to get their case dismissed.
Factors that Determine The Possibility of a DUI Dismissal
So, when you're considering whether you have a chance to get your case dismissed, you should look at number one: Is your blood alcohol level .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 could 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 focusing on small scenarios that may or may not apply to you. It would be helpful to consult with an experienced drunk-driving attorney. Be honest with him. Inform him about what happened, as the attorney will review the police report, speak with the prosecutor, and obtain their version of the events. This professional guidance will help you navigate the complexities of your case.
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. An experienced attorney will review the evidence, assess the strength of the case against you, and advise you on the best course of action. They will help you make a decision on whether or not to fight the case or seek a resolution.
Therefore, getting a DUI case dismissed is not easy and doesn't happen 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 of getting 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, and the importance of seeking professional help in such a rare and challenging situation.