Top Reasons DUI Cases Are Dismissed


There are many different ways that a driving under the influence (dui) can be dismissed.  Usually there is some factual issue with what the prosecutors have to prove in the case that ends up helping the person charged with the dui.  In other words, the prosecutors must show that someone was driving a car in an unsafe manner and that they had alcohol in their system that cause them to be an unsafe risk to the public at large. They can show this unsafe risk if the person in questions blood alcohol level was a .08 or greater or if the person had alcohol in their system and could not safely operate a motor vehicle

To prove that someone could not safely operate a motor vehicle can be done in a number of ways.  How the person was driving the car, how they were walking and talking when they exited their car, the answers they give to basic questions and of course how they performed on the field sobriety tests.  Now lets look at some of the problems that I have seen the prosecutors run into in trying to prove their case against those they charge with dui.


I have personally used this defense countless times in the dealing with dui cases for my clients.  If the police do not actually see you drive, then they will have to rely on other evidence to prove that you drove and when you actually drove the subject vehicle (their blood alcohol expert will need to know when the driving took place to figure out what your BAC was at the time of driving).

The ways that the police can figure out when you were driving are many. You could actually admit that you were driving and when.  Witnesses could place you behind the wheel at a certain time.  Also, by the circumstances of your case, they can prove when you were driving.  For example, if they get a 911 call and arrive on the scene five minutes later and you are the only one standing by your car in the middle of the freeway, this is probably a good indicator you where the driver and when.

This defense is not an easy one to win because the police realize they need to check this box in order to arrest and prosecute you.  Therefore, they will actively pursue evidence that proves when you were driving when they come to the scene of a dui investigation.


It is undisputed that the police in Los Angeles can not just pull someone over for no reason.  The only exception to this is if they set up a valid checkpoint.  However, if you were not caught in a checkpoint, then the police will need to state a valid reason for pulling you over.  If it can be proved to a judge that you were unlawfully pulled over, then all the evidence they seized after the pull over must be thrown out.  This would include all of their observations, the field sobriety tests and your blood alcohol level.

Because the police know that they must give a valid reason for pulling you over, they consistently manufacture reasons for pulling people over.  The only defense to this is usually either a witness or video evidence.  If you believe you were illegally pulled over, your best bet is to get in to see an experienced dui attorney.


This issue usually comes up regarding the breath machine that was used to measure what your blood alcohol was at the time you were driving a motor vehicle.  Like any machine, the dui breath machines require constant maintenance and can become broken and effect the result of your breath test.  Checking the calibration records of any device that was used to test your breath is a good way to potentially attack the prosecution’s case.

The calibrations and all information that relate to the machines that are used to test arrestees blood alcohol level can be obtained and evaluated by your attorney or anyone working for them that is familiar with what to look for.  This can be another valuable toll to defend your dui case.


Whenever the police arrest you for a dui, they must give you the choice of taking a blood or breath test.  If something interferes with the results of the blood test before, during or after the test, this can be used to completely undermine the test and possibly a dismissal.  This scenario usually involves some sort of contamination and expert testimony would have to be used to prove the issue with the blood test.

Regarding breath test interference, there are a number of things that can cause the test to become compromised.  Before they give you the test the police must observe you for 15 minutes and make sure that you do not vomit or place anything in your mouth that could effect the test.  There is a checklist that must be filled out and signed by them in every dui case.  If there are any issues with the accuracy of the test, then this could be used to completely win your case.

The above list is just a small sampling of the types of arguments that can be used by a savvy dui defense attorney to get your case dismissed.  Not all of the issues above will apply to every case.  In fact, the police are specially trained not to make the type of mistakes or have the type of issues described above.  Your best way of evaluating if any of the above apply to you is to consult with a seasoned defense attorney, provide them all of the facts related to your case and let them guide you through the process.

The above list of defenses is not an exhaustive list.  There are all sorts of issues that can come up in dui cases.  Just like anything involving human affairs, there are a significant amount of possible outcomes and to put yourself in the best position to be successful, in my opinion, you require the services of a top dui defense attorney.