A DUI or ‘Driving Under the Influence’ offense means that a driver was driving their car under the influence of alcohol. Alcohol has been known to lower the inhibitions of a person, thereby causing them to drive erratically. Moreover, driving under the influence can be dangerous for the driver as well as others around them, hence the legal ramifications of driving under the influence. Navigating a DUI can be a complex legal journey, with the outcome hinging on various factors.
The consequences of committing a DUI can be dire depending on the State in which the act is committed, as state laws vary considerably. The alcohol concentration in your blood that is considered a felony varies across state lines. While the legal consequences of a DUI arrest are often severe, individuals facing such charges may find relief in the possibility of having their case dismissed under certain circumstances. Facing a DUI (Driving Under the Influence) charge can be a daunting experience, but not all hope is lost.
The legal system provides avenues for dismissal when specific rights are violated or certain procedures are not followed correctly. Moreover, the evidence gathered may be deemed unreliable and hence can cause a case dismissal. According to www.aaronblacklaw.com, the best DUI lawyer in Phoenix, getting legal aid is essential as DUI can be considered a serious offense with repercussions ranging from suspension of driver’s license to jail time. However, there are also some cases where DUI cases may be dismissed. Even though the probability might be less, case dismissals are possible depending on multiple factors.
Here are some factors that may cause your DUI case to be dismissed, but it is important to note that each factor may vary from state to state based on local governing laws.
1. Illegal Stop or Arrest:
The most obvious reason for a DUI case dismissal is if the stop or arrest was illegal in the first place. Suppose law enforcement officers did not have a valid reason or probable cause to stop your vehicle or reason to believe that you were driving under the influence. In that case, the stop and the evidence gained from such a stop may be inadmissible in court.
2. Improper Administration of Field Sobriety Tests:
The field sobriety test assesses the coordination and movement of a suspect who is stopped for driving under the influence. It involves physical actions the suspect must do to pass the test, such as walking and turning in a straight line. For a DUI to stick in court, the field sobriety test must be conducted correctly and by established procedures. If the tests were administered incorrectly, it may undermine the reliability of the results and thus cause a dismissal.
3. Faulty Breathalyzer or Blood Test Results:
Like the field sobriety test, the accuracy of breathalyzer or blood tests is equally crucial to establishing the merits of the DUI case. Errors in the calibration, maintenance, or administration of these tests may lead to a dismissal of the DUI case.
4. Miranda Rights Violation:
During the arrest, if law enforcement agents fail to inform you of your Miranda rights, you may make a case of wrongful arrest. Any statements or admissions you make during custodial interrogation during such an arrest can be excluded from evidence, thus leading to a dismissal of the DUI case.
5. Necessity Defense:
The necessity defense is based on the rare occasions that the driver may be deemed to have no choice but to drive under the influence. These cases involve a case of emergency where the driver had no choice but to drive to save someone’s life or other compelling circumstances. For this kind of dismissal, the situation or crisis must be critical and involve a life-or-death problem. Sometimes, the reason for inclement weather may also be cited as an emergency.
6. Errors in Police Procedure:
Law enforcement agencies conduct their investigations and arrests according to set procedures laid down by the law. Significant deviations from procedural measures and errors in procedure can cause a DUI case to be dismissed. It could be related to the handling of evidence, how the person was booked, etc.
7. Inaccurate Breathalyzer Results:
Breathalyzer machines must be properly calibrated and maintained. If it can be proven that the device was faulty or improperly used, the breathalyzer results may be deemed unreliable and excluded from evidence.
8. Medical Conditions:
Certain medical conditions, such as acid reflux or diabetes, can impact breathalyzer results. If you can provide evidence that a medical condition affected your blood alcohol concentration (BAC) reading, the court may dismiss the case.
9. Miranda Rights Violation:
If law enforcement fails to inform you of your Miranda rights, any statements you make during the arrest may be inadmissible in court. This violation could weaken the prosecution’s case and lead to dismissal.
10. Rising BAC Defense:
The “rising blood alcohol” defense argues that your BAC was below the legal limit while driving but increased by the time you were tested. Expert testimony and evidence supporting this theory may result in the dismissal of charges.
11. No Probable Cause for Arrest:
Even if you were lawfully stopped, the arresting officer must have probable cause to believe you were driving under the influence to make an arrest. If such cause is lacking, the case may be dismissed.
12. Violation of Constitutional Rights:
Any violation of your constitutional rights, such as an illegal search or seizure, can be grounds for dismissal. If evidence was obtained unlawfully, it may be excluded, weakening the prosecution’s case.
Navigating the intricacies of DUI law requires a thorough understanding of the specific circumstances of the arrest and the jurisdiction’s legal landscape. For this reason, you must have expert legal help to help you get your DUI case dismissed if loopholes exist. Each case is unique and must be prepared diligently by the legal counsel. Having a case dismissed may not be ideal for law enforcement or judicial agencies, but you don’t want to fine a person wrongfully.
