Review of How to Get a DUI Case Dismissed
California Vehicle Code 23152(a) VC makes it a crime for someone to drive a vehicle under the influence of any alcoholic beverage.
If you have intoxicated symptoms, you can be arrested and charged under this statute even when there is no evidence your blood alcohol concentration (BAC) exceeded the legal time of 0.08%.
If you take a breath test or blood test that shows your BAC was 0.08% or higher, then you will usually be charged under two different statutes:
- Vehicle Code 23152(a) VC - driving under the influence, and
- Vehicle Code 23152(b) VC - driving with excessive blood alcohol level.
It should be noted; however, if you are convicted of violating both statutes, it will only be considered one California DUI conviction.
In some DUI cases in Los Angeles, the outcome of your case is decided by a jury. However, there are many other ways to win a driving under the influence case.
Perhaps the judge will review the evidence and choose to dismiss the charges, but this is not common and usually only occurs when:
- lack of sufficient evidence against you, or
- arrest was unlawful, or evidence was gathered illegally.
If your DUI case is dismissed, it's similar to being found not guilty, and you will not face any penalties. However, it's not the same as proving innocence, and a record of the arrest will show up on your paper, and the DMV can still suspend your driver's license.
Still, a DUI dismissal is much better than a conviction or even most plea deals. If you have sufficient grounds for dismissal, your lawyer can file a motion with the judge asking them to dismiss your case. Our Los Angeles DUI attorneys will review the laws below to give you a better understanding.
Best Defenses for Fighting a California DUI Case
The best defense strategy to fight a Vehicle Code 23152 driving under the influence case in California will depend on various factors.
Every single DUI case is unique, but it's essential to understand that getting arrested for DUI does not automatically mean you will be convicted.
A conviction often leads to life-changing results, including a driver’s license suspension and a permanent mark on your record for potential employers to see on a background check. Some of the most common defenses against DUI charges include the following:
- improper procedures by a police officer;
- unlawful police stop;
- lack of probable cause;
- police violated your constitutional rights;
- field sobriety tests are not always reliable;
- police violated California Code of Regulations Title 17;
- blood alcohol content (BAC) is not accurate;
- breath alcohol testing inaccurate;
- medical conditions caused a high BAC
- blood alcohol concentration was rising
Failure of police to follow proper procedures is often a strong defense against California Vehicle Code 23152 VC charges. Police misconduct includes a lack of probable cause to pull you over on a traffic stop and violating Title 17 procedures and regulations.
This regulates how DUI breath and blood tests must be conducted, such as a 15-minute observation period, proper test administration, regular calibration and maintenance of the testing equipment, and proper collection and storage of blood samples.
If your legal protections were violated, we could request a Penal Code 1538.5 suppression hearing to exclude any evidence the police obtained. If successful, the prosecution is usually forced to reduce the DUI charges or dismiss the case.
If I Have a Good Job and Clean Record, Can I Get My DUI Dismissed?
I have many people coming into my office and telling me how good their job is, and they've never been in trouble before, they pay taxes, etc.; how come they can't get their DUI dismissed. Unfortunately, those are not the factors determining whether a DUI gets denied.
DUIs are political crimes, and the legislature has made it very clear that the California Highway Patrol, Los Angeles Police Department, and other law enforcement agencies are to prosecute these crimes very seriously and arrest drivers and don't let them off.
The prosecutors are obviously with the same program as far as punishing people who commit DUI offenses. So, you have a good job, and a clean record, and paying your taxes is irrelevant when prosecuting a DUI in California and Los Angeles. What is relevant is whether or not the prosecutors can prove the case.
Blood Alcohol Level
Was your blood alcohol level a .08 or greater? If it wasn't a .08 or greater, you're looking pretty good. Even though one fallacy is that if you're a .07, for example, you can't be prosecuted. That's not true. I've seen people charged for .05, .06, .07, and .08 and up.
They follow the theory that you have alcohol in your system and could not safely operate a car, which falls under California Vehicle Code Section 23152(a). That has nothing to do with the percentage of alcohol in your body. That has to do with:
- how you were driving;
- how you were responding to questions by the police;
- how you perform on the field sobriety test;
- what your blood alcohol level was and a host of other factors.
Contact the Hedding Law Firm for Help with Your DUI Case
So, if you've been arrested and charged with a DUI, you should hire an attorney right away. It's a misdemeanor crime, but you could still face jail time.
You could face a loss of your license and other problems related to the criminal justice system and DUIs in Los Angeles, California.
You have taken the first step by coming on this website, whether you know it or not. I've been doing this for almost 30 years, and I've handled thousands of DUIs.
I'm battle-tested. I've done over 250 trials, and I'm very well-known in the Los Angeles County court system and respected.
Pick up the phone now. Ask for a meeting with Ron Hedding. We will do everything to get you the result you must have if you're charged with a DUI in Los Angeles. Hedding Law Firm has two office locations in Los Angeles County, and we offer a free case evaluation.