DUI cases are horrifying because you get arrested and lose control of your custody freedom for some time. You're taken into custody, and now you're facing a criminal charge, loss of your license and your reputation is on the line. Your work may be on the line, depending on how they view a conviction for a DUI. So, many people are searching for what they can do to get their cases dismissed.

One crucial point to remember is that the process begins as soon as you are arrested. Seeking legal advice early on can put you in a proactive position, allowing 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.

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 shows the prosecutors that they have a problem with the case and that it is severe enough to warrant a dismissal. Sometimes, there can be a problem with a DUI case in Los Angeles proving that the blood alcohol level was a .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 is 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 get a not guilty verdict in a jury trial, and then the judge would dismiss the criminal charges and the DUI charges against that particular person. So, there are a bunch of different angles. Motions can be filed. There can be a blood split done if there's blood taken. Experts can be hired. So, this is a way to get a dismissal in any DUI case.

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 the reality is in California, they now call this a “dismissal.” To get this dismissal, the probation has to be over. The person will have had to have done everything they are supposed to during the probation, not pick up any new criminal cases, and no probation violations. Then, they can seek dismissal under Penal Code 1203.4 of their entire DUI case.

Many people will try to do this before their probation is over. Most of the time, this will be met with a denial by the judge. First off, your probation is not over, so you can't get it dismissed.

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

So, if you're looking for a dismissal, you're going to need to sit down with a DUI attorney who has handled many cases in Los Angeles, who has had success in both felonies and misdemeanors and who knows all the 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. Tell them it will not be dismissed and why it's not going to be dismissed.

Maybe it can't be dismissed now, but it could be rejected at some future time. You tell the person about it, and you tell them what steps and procedures they will need to get that dismissal.

The reality in California is that there's no such thing as a true expungement. So, it's going to be kept from 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 need to contact somebody like me, set up a consultation, and have the case taken care of.