Can a DUI Case Be Dismissed?: What to Know

Getting arrested and charged with a DUI (driving under the influence) can be scary. You might wonder what this means for your future and if you will go to jail. You also may be asking, “Can I possibly get my DUI case dismissed?”

No one wants a criminal conviction on their record—and fortunately, getting a drunk driving charge dismissed in some situations is possible. To learn whether it can resolve your case, you can talk with our Los Angeles DUI lawyer. During a free consultation, we can review your situation and determine if you can fight your potential case.

Reasons a DUI Case May Be Dismissed

A DUI charge can be dismissed before trial. The prosecution will sometimes dismiss a case themselves if they identify problems on their side. Most of the time, however, drunk driving cases get dismissed because the defendant works with an attorney who can fight the charge.

Here are common reasons criminal law attorneys use to get DUI cases dismissed.

Lack of Justifiable Reason for the Traffic Stop

To pull you over, detain you, or arrest you for driving under the influence, a police officer must have what’s known as “probable cause.” That means there must be a reasonable basis for the officer to believe you were committing a crime before they can stop you, investigate, or arrest you for driving while drunk.

If there was no valid probable cause for the officer to stop or arrest you, the evidence may get dismissed from your case. If that was the main source of evidence against you, your whole case could potentially get dismissed.

Medical Conditions

Certain medical conditions can interfere with the results of DUI breath tests, which are performed using a tool called a Breathalyzer that measures the amount of alcohol on your breath. This may be a reason to get your case dismissed if you have a condition like:

Conditions like this may “fool” breath tests into thinking there is more alcohol on your breath, which can skew the results and cause a false high blood alcohol content (BAC) reading.

Unreliable DUI Breath Tests

DUI breath tests can produce false results in various ways. Your lawyer may investigate and find that the test results were wrong due to the following:

Device malfunction
Improper use by the officer
Failure to observe you before giving the test
Physiological conditions (like those mentioned above)

The breath test is commonly used to gauge someone’s BAC. However, it is not always the most accurate, and errors can lead to the evidence being dismissed.

Mouth Alcohol Residue

DUI breath tests can also pick up “residual alcohol” that remains in the mouth but doesn’t always come from drinking alcoholic beverages. Unfortunately, the leftover substance can adversely affect breathalyzer test results.

Other sources of residual alcohol include mouthwash and dental products, medical conditions such as GERD, and food products made with alcohol. Certain medications can leave residue in the mouth and products used on the mouth, like lip balm.

Elevated BAC Levels After Driving

A person’s BAC can increase anywhere from 30 minutes to two hours after drinking alcohol before it peaks. If your arrest came before your BAC reached its highest level, it’s possible the concentration of alcohol in your blood was below the state’s legal limit during your arrest but higher when you were operating your vehicle.

An attorney could use a rising BAC defense for your DUI case to show you were within legal limits while behind the wheel and before you took a test measuring your BAC. In California, the standard legal BAC limit for adult drivers is 0.08%. However, lower limits apply in certain cases, such as 0.04% for commercial drivers and 0.01% for drivers under 21, the legal drinking age.

Inaccurate Field Sobriety Tests

Many police officers use field sobriety tests (FSTs) to determine whether a driver is impaired by alcohol or drugs. However, there are issues with FSTs. Someone can fail a test even when sober.

Common reasons include:

Nervousness
Certain health conditions, such as arthritis, injuries
Poor lighting and road conditions, such as uneven surfaces, road debris
Poor footwear, such as high heels, or clothing
Being uncoordinated or clumsy
Medications that can impair one’s ability to take an FST
Age (older people may have slower reflexes or balance issues)
Language barrier
Unclear instructions from law enforcement

If your lawyer can demonstrate the inaccuracy of your FST, it may be enough to get your case thrown out.

A Low-Carb, High-Protein Diet

Surprisingly, a low-carbohydrate, high-protein diet can create a falsely elevated BAC reading. This is primarily due to the body producing ketones, a common byproduct when the body burns fat for energy instead of carbohydrates—a process known as ketosis.

Acetone is one type of ketone the body produces, which it expels through the breath, urine, and sweat. Acetone can be chemically similar to isopropyl alcohol. Some breathalyzers cannot tell the difference between ethanol and acetone. So, when a person in ketosis exhales into the device, it may detect the acetone and falsely interpret it as ethanol.

This misidentification can lead to a significantly higher BAC reading than is accurate.

Police Misconduct

Sometimes, a driver may be under the influence of alcohol or drugs while behind the wheel, but the arresting officers still demonstrate improper police behavior. If your lawyer can prove this in court, it could lead to the dismissal of your case.

For a free legal consultation, call (310) 896-2723

What to Ask a Lawyer When Discussing a DUI Case Dismissed

If you have been charged with driving while drunk, you can meet with a lawyer from our firm and explore your options with a legal professional.

Here is a list of questions that can help you get a comprehensive understanding of the attorney’s experience, approach, and how they will handle the dismissal of a DUI case.

What are the most common grounds for dismissing DUI cases in this jurisdiction? Can you explain how these apply to my situation?
Based on the details of my arrest, do you see any potential procedural errors or rights violations that could lead to a dismissal? Were there issues with how the sobriety tests or arrests were handled?
How often have you successfully gotten your clients’ DUI charges dismissed? Can you provide examples?
What evidence would you review or challenge to pursue a dismissal in my case? Will you need to consult or bring in any experts?
Are there any recent changes in California drunk driving laws or court rulings that could affect the likelihood of a dismissal? How do these changes affect my case?
What are the weakest points in the prosecution’s case against me based on your initial review? How can these be leveraged to argue for a dismissal?
If the case goes to trial, what defense strategy would you use? How does preparing for trial intersect with efforts to get the case dismissed?
What are the steps in the process of trying to get a DUI case dismissed? What can I expect at each stage?
What information or documentation do you need from me to strengthen the case for dismissal? Are there any actions I should take or avoid to enhance the chances of dismissal?
How will you keep me informed about the progress of my case?

Asking these and other questions can help you gauge the lawyer’s experience and approach to handling DUI dismissals. It can also provide a clear view of what to expect and help you determine your comfort level with the lawyer. A good client-attorney relationship can affect your case’s outcome, so ask questions and choose wisely.

What Happens When Your DUI Case Cannot Be Dismissed?

Unfortunately, you may not be able to get your drunk driving charge dismissed in some instances. If the prosecutor isn’t willing to allow you to enter a pretrial diversion program, you have multiple DUI convictions on your record. If someone was seriously injured or killed in a drunk driving accident you are accused of causing, the court may move forward with the criminal charges against you.

If this happens, you can hire a Los Angeles criminal defense attorney to present a compelling defense. Multiple defenses could be used to help you clear your name. Some of the more common ways we could challenge these accusations include:

Questioning the validity of the chemical blood alcohol test results.
Taking an affirmative defense when you were forced to operate the vehicle due to emergency conditions.
Addressing violations of your constitutional rights, such as a failure to read your Miranda rights to you, being interrogated illegally, or an unlawful stop.

After carefully reviewing the circumstances of your case, a DUI lawyer in Los Angeles can determine which defense could produce a favorable outcome. If you are convicted, you can appeal a DUI conviction in California under certain conditions.

Are You Facing DUI Charges? Call Us Today for Legal Help

At Simmrin Law Group, we help those facing criminal charges in California, including first-time offenders. A criminal conviction on your record can negatively affect your future, so it is worth exploring how you can protect it as well as your rights.

Call us today for a free consultation to find out if your DUI case can be dismissed. We will evaluate the situation and tell you how we can help. Call or contact us online now to get started.

Call or text (310) 896-2723 or complete a Free Case Evaluation form