DUI cases are horrifying because you get arrested and lose control of your freedom for some time. You're taken into custody, and now you're facing a criminal charge; your license is at risk, and your reputation is on the line. Your work may be on the line, depending on how they view a conviction for a DUI. Therefore, many people are seeking ways to have their cases dismissed.

Remember, the process begins the moment you're arrested. Seeking legal advice early on is not just a good idea, it's a crucial step that puts you in a proactive position. It empowers you to understand the steps ahead and take control of your situation.

One of the first questions that may come to mind is, how can I prevent my case from being filed in the first place? It's important to remember that this step precedes the discussion of dismissal. If your case is not filed, there is nothing to dismiss, and your criminal record remains unaffected. This possibility of case dismissal offers a ray of hope in a challenging situation.

Providing your attorney with all the necessary information is crucial in the early stages of a DUI case. Your attorney can then approach the filing prosecutor, usually the City Attorney for a misdemeanor DUI, and attempt to dissuade them from filing the case. Once a case is filed, strategies for dismissal can be considered.

The first angle suggests to the prosecutors that they have a problem with the case and that it is severe enough to warrant dismissal. Sometimes, there can be a problem with a DUI case in Los Angeles proving that the blood alcohol level was .08 or greater.

That's one way to get a case dismissed. Another problem that I frequently see in DUI cases, which I've been using for the last twenty-five years, is to argue that the person being charged wasn't driving the vehicle, and they can't prove when the person was driving the car.

If you can't prove when the driving took place by taking the person's blood-alcohol level, that's a big problem in any DUI case. That's one angle that can be used to dismiss a case.

Jury Trial

Another angle to dismiss a case is to obtain a not guilty verdict in a jury trial, after which the judge would dismiss the criminal charges and the DUI charges against that particular person. So, there are several different angles. Motions can be filed. There can be a blood split done if there's blood taken. Experts can be hired. This is a way to obtain a dismissal in any DUI case. This reassurance about the potential for dismissal can help alleviate some of the anxiety you may be feeling.

There's another way. For example, if you've been convicted and want to get a dismissal in a DUI case after the conviction, you can file a motion under Penal Code Section 1204.3 asking the court to dismiss the case.

Sometimes, this is called an “expungement,” but in California, it is now referred to as a “dismissal.” To obtain this dismissal, the probation must be completed. The person will have had to have done everything they are supposed to during the probation, not picked up any new criminal cases, and any probation violations. Then, they can seek dismissal under Penal Code 1203.4 of their entire DUI case.

Many people will attempt this before their probation is over. Most of the time, this will be met with a denial by the judge. Firstly, your probation is not yet over, so it can't be dismissed.

Secondly, if you still need to fulfill all the terms and conditions of your probation, there's no way you'll get the case dismissed. I've seen and been involved in circumstances where a motion to terminate probation early has been made. If granted, you can request that the judge dismiss the case under Penal Code Section 1203.4.

So, suppose you're looking for a dismissal. In that case, you'll need to sit down with a DUI attorney who has handled numerous cases in Los Angeles, has achieved success in both felony and misdemeanor cases, and is familiar with all the relevant angles. What I do is sit down with somebody. I listen to what they say.

I use my experience and common sense, and if the case is not going to be dismissed, I will tell the person. There's no reason to lie to somebody and not be genuine with them. Inform them that it will not be dismissed and explain why it will not be dismissed.

Maybe it can't be dismissed now, but it could be rejected at some future time. You inform the person about it and explain the steps and procedures they need to follow to obtain that dismissal.

The reality in California is that there's no such thing as a true expungement. So, it will be kept out of somebody's record. It will just show a dismissal on the form after a DUI case. This is how criminal cases work.

This is how DUI cases work. So, if you need an answer, you should contact someone like me, set up a consultation, and have the case taken care of.