Drunk driving: Why would a prosecutor dismiss charges?

On Behalf of | Apr 28, 2020 | Drunk Driving

It was one mistake. You had a drink too many and made the decision to drive home when you shouldn’t have. You woke up the next morning with a headache and a DUI charge, and now you must go to court.

Is this really going to be on your record forever? Maybe not. There are circumstances in which the courts may dismiss a DUI charge.

An invalid traffic stop

There must be a valid legal reason for a traffic stop. An officer must have “reasonable suspicion” to pull you over; speeding or driving abnormally are two examples. You can’t be pulled over because you were seen driving near a bar. Unless you were driving erratically, had a tail-light out, or were otherwise committing a crime, there likely is no reasonable suspicion.

A lack of proof

A prosecutor could dismiss a DUI charge if there is not proof beyond reasonable doubt that you were the driver.

An inaccurate field sobriety test

Field sobriety tests have a human element to them, which means they are subject to error. Prosecutors know this. They know a defense attorney could challenge the one-leg-stand test or the walk-and-turn test. A defense attorney also may ask questions about how the officer gave instructions or the condition of the ground on which the test was given.

A poorly administered chemical test

While chemical tests may appear to give definitive answers, they are not perfect. Was the Breathalyzer accurately calibrated? Was the individual who drew blood properly trained? Was the blood sample stored correctly?

Do you have questions? An experienced attorney can analyze how your charges could be challenged or even thrown out.



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