Having your entire case dismissed is one of the best potential outcomes after a DUI arrest. Let’s discuss what you can do to help increase your chances of getting this outcome and what other factors may be considered.
Hire an Attorney
Before thinking about potential defense strategies, you should hire an experienced DUI defense attorney. While you may have some ideas of your own already, a defense attorney has invaluable knowledge about what types of defenses would best fit your case, what evidence needs to be collected, and overall how to best prepare your defense.
When looking for an attorney, find one who has handled cases similar to yours and who has a successful record. At The Law Office of Justin Rosas, we are known for our creative defense strategies and our success handling the most complex of cases.
Common Reasons For DUI Case Dismissals
Once you have hired an attorney, you will begin to evaluate the details of your case and identify any instances that could be grounds for a dismissal. Let’s go over some of the most common reasons for a DUI case to be dismissed.
Illegal Stop
Illegal stops happen more frequently than you might think. If the police did not have a valid reason to stop your vehicle in the first place, this can be grounds for everything that occurred during the stop to be inadmissible and ultimately result in your case being dismissed.
The police may stop a driver for vehicle or traffic violations.
They cannot, however, stop a driver:
- Just because they are leaving a venue that serves alcohol
- Because the officer has a gut feeling that the driver is under the influence
- Based on race or gender
- For no reason at all
During some traffic stops, the officer may ask the driver if they are aware of why they are being pulled over. For some, their inclination is to admit guilt and immediately begin apologizing or explaining themselves. However, you should not do this. Instead, say you do not know why you were pulled over. Handling it this way will later benefit your defense.
Breath Test Issues
A number of things can go awry when it comes to breath testing during a DUI stop. If the results of the breath test are either incorrect or inadmissible, this can lead to a case dismissal.
The breath test results:
- May not be usable if it is discovered that the stop was illegal
- May be incorrect if the device was malfunctioning or was improperly maintained
- May have been incorrect due to improper administration of the test or a lack of officer training on how to conduct the test
- May have been illegally obtained
Officers need probable cause to ask a driver to take a breathalyzer test. If there was no probable cause, the evidence could be dismissed. In many cases, if there are no valid breath test results, the case becomes too difficult for prosecutors and they will move to dismiss.
First Offense
If it is the driver’s first offense, this increases the chances of the case being dismissed. This, along with other mitigating factors, are helpful for the outcome of the case.
For example, if the driver was close to the legal BAC limit, cooperative during the stop, did not cause an accident, and has no prior record, then the judge may be more inclined to reduce the charge or dismiss the case.
Southern Oregon DUI Defense
The Law Office of Justin Rosas wants to help you fight to get your DUI reduced or dismissed, so you can keep your criminal record clear. Attorney Justin Rosas has been able to help countless clients avoid the harsh consequences of a DUI conviction, and he can help you too. Contact The Law Office of Justin Rosas today to learn more about our practice and share the details of your case.