Can I Get a DUI Dismissed?

Driving under the influence (DUI) is a criminal offense of driving a vehicle while under the influence of alcohol or drugs.

In a four year period, DUI arrests in Miami-Dade County dropped by 65%. However, many people still find themselves being arrested for DUIs in Miami.

A driving under the influence (DUI) arrest is not an immediate prison sentence. If you work with an experienced attorney, you may be able to get your DUI dismissed. Learn about some of the circumstances that can lead to the dismissal of your charges.

The Driver is Unidentifiable Driving

For an arrest to stick, there must be evidence that you were driving the vehicle. If the police stop you and you're behind the wheel, then there is no doubt who was driving. But sometimes, the police don’t arrive until after a driver is out of the vehicle.

For example, a vehicle could hit a sign. If the police arrive and there are multiple people standing outside of the car, it is difficult to determine who was driving at the time of the accident. If a witness or passenger does not identify the driver, there may not be enough evidence for a conviction to occur.

Lack of Probable Cause

Unless you were stopped at a DUI checkpoint, the police must have probable cause before stopping your car. This means they need reasonable suspicion, such as violating a traffic law.

Therefore, a police officer is not allowed to randomly stop you. If they do, this will lead to your charges being dismissed.

There's No Evidence of the Drugs

If you're accused of being on drugs while you were driving, the prosecution needs proof of the incident.

Unlike drunk driving, driving while drugged is often more difficult to prove. There is no simple blood test that can determine the driver was on drugs at the time of the incident. Often, drugs remain in the system for days or weeks.

That said, there could be other evidence. There's no guarantee your case will be dismissed.

Illegal DUI Checkpoint

In Florida, DUI checkpoints are legal. However, police officers must adhere to certain rules. For one, they need to publicly post their intent to have a DUI checkpoint. The notice needs to state where and when the checkpoint will occur.

They also must keep the checkpoints short. If a checkpoint keeps drivers waiting for more than three minutes, they need to speed things up. This means letting some drivers go while stopping others.

Contesting the Breath Test

If you consent to a breath test and it registers at over .08, you will be facing a DUI conviction. But your attorney may be able to fight the breath test. First, they could argue that the test was given too long after the arrest. If the breath test was given a few hours after your arrest, it might be inadmissible.

Another way to contest the test is to argue the observation period was not long enough. A police officer should observe the person who is given the test for at least 20 minutes before administering the test. Failing to do so makes the test inadmissible.

Other Ways to Get Your Case Dismissed

Every DUI arrest involves different circumstances. Some cases can be dismissed, while others can't. It depends on the specifics of your case.

Therefore, it's impossible to say whether or not you can get your charges dismissed. That said, one thing is for certain. By working with an experienced DUI lawyer, you greatly improve your chances of having your charges dismissed. It takes an attorney who has an in-depth understanding of the law to get your case dismissed.




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