The court can dismiss a charge for driving under the influence (DUI) in some cases. Judges in California may dismiss these charges if a Los Angeles DUI lawyer can demonstrate that the prosecution lacks sufficient evidence to establish a driver’s fault or if law enforcement violated the driver’s rights during the legal proceedings.
You can consult with a lawyer to learn more about potentially dismissing DUI charges or exploring other strategies to address these allegations.
Can a DUI Case Get Dismissed?
A DUI charge can be dismissed before trial. A prosecutor will sometimes dismiss a case if they identify problems on their side. Most of the time, however, drunk driving cases get dismissed because the defendant works with a DUI attorney who can fight the charge.
For a free legal consultation, call (310) 896-2723
Why Does the Court Dismiss DUI Charges?
The court may dismiss charges after a DUI arrest for the following reasons:
Lack of 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 law enforcement officer to stop or arrest you, your whole case could potentially get dismissed.
Medical Conditions
Certain medical conditions can interfere with the results of DUI breath tests, which involve a tool called a Breathalyzer that measures the amount of alcohol on your breath. A lawyer may push for a dismissal of your case if you have a condition like:
- Acid reflux
- Heartburn
- Gastroesophageal reflux disease (GERD)
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. In this situation, a DUI case can be dismissed.
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:
- Device malfunction
- Improper use by the officer
- Failure to observe you before giving the test
- Physiological conditions (like those mentioned above)
The breath test can gauge someone’s blood alcohol concentration. However, it is not always the most accurate, and errors can lead to the dismissal of evidence.
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.
If a defense attorney can prove that the test picked up residual alcohol, a DUI case can be dismissed.
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 and the subsequent breath test occurred before your BAC reached its highest level (i.e., while your BAC was still rising), it’s possible the concentration of alcohol in your blood was below the state’s legal limit at the time you were driving, but higher when the breath test was administered.
A defense 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.
Inaccurate Field Sobriety Tests
Many police officers use field sobriety tests (FSTs) to determine a driver’s level of impairment due to 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 or injuries
- Poor lighting and road conditions, such as uneven surfaces or road debris
- Poor footwear or clothing, such as high heels
- 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
A low-carbohydrate, high-protein diet can create a falsely elevated BAC reading, as the body produces ketones, a common byproduct when it 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 distinguish 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.
What Happens When Your DUI Case Cannot Be Dismissed?
Unfortunately, a DUI attorney may not be able to get your drunk driving charge dismissed in some instances.
If this happens, you can hire a Los Angeles criminal defense lawyer to review other options to resolve your DUI charges. An attorney may focus on:
Reducing Your Charges
Your DUI attorney may negotiate a plea bargain with the district attorney after an arrest. A plea deal will require you to admit fault for a less severe charge in exchange for reduced penalties after you go through the arrest process.
Defending You in Court
A lawyer can present a compelling defense. Some of the more common ways we could challenge these accusations include:
- Questioning the validity of blood test results
- Taking an affirmative defense when you had 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, an illegal interrogation, 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.
What to Ask a Lawyer When Discussing a DUI Case Dismissal
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?
- 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.
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Learn About Getting a DUI Charge Dismissed
So, can a DUI case be dismissed? In some cases, yes, the court will dismiss a DUI allegation. Our team at Simmrin Law Group can help with your legal defense after an arrest. We may get your charges dismissed or reduced.
We can also help with your defense in court, so reach out to us now.
Call or text (310) 896-2723 or complete a Free Case Evaluation form