It is natural for most people to be concerned about the potential consequences of a first offense DUI. The truth is, many factors can play into whether or not your case will be dismissed.
This article will discuss some common reasons why a court could rule in favor of dismissing your charges and what you can do to increase your chances of having this happen.
The Officer That Pulled You Over Lacks Evidence
If the police officer failed to follow proper protocol when they pulled you over, then your case could be dismissed. For example, an experienced DUI defense lawyer may be able to prove that the “lack of tail lights” was not a valid reason for pulling their client over.
This could lead to the evidence against them being thrown out.
Another common example is if the officer did not read their defendant their Miranda Rights or if they had failed to conduct a probable cause search of your vehicle, there may be enough reason for your case to be thrown out.
If you feel like something went wrong during your DUI stop and arrest process, then you should contact a local DUI attorney to discuss your case.
Many people fail to realize that it is never too early in the process to hire an experienced lawyer for a DUI offense, so don’t wait until it’s too late.
The Breathalyzer Machine Was Faulty
Did you know that breathalyzers are not always 100% accurate? It is true, and this can be used as a potential defense against your DUI charge.
Suppose the officer does not immediately follow up with another test or any issues during the device’s calibration. In that case, it could lead to enough doubt for your case to be rejected.
Another factor that can play into the accuracy of your breathalyzer is if you were not given enough time in between tests or if there was a delay in testing after an accident (within three hours).
If any of these things occurred, it could lead to doubt, resulting in having your charges dismissed.
Your BAC Was Below the Legal Limit for DUI
Your blood alcohol content (BAC) may have been lower than what most people would consider being over the legal limit. If this is the case, it could lead to your charges being dismissed due to insufficient evidence of intoxication.
Remember, though, just because you were not intoxicated does not mean that you were completely sober.
If your attorney can prove to the court that there was still reasonable doubt regarding your state of intoxication, then it could lead to having your case thrown out.
Remember that this is only possible if there are no other factors involved with why you may have been pulled over or arrested for a DUI.
You Were Not Actually Driving the Vehicle
Did you know that it is possible to be arrested for a DUI even if you were sitting in your car while intoxicated? If this was the case, then there could potentially be enough evidence against you during the trial.
However, having an experienced attorney on your side can still help with proving reasonable doubt and getting your charges dismissed.
This is possible if there are factors that led to you being in the vehicle, such as belonging to a friend or family member or even your child.
Having an experienced lawyer defending you will ensure that none of these details are overlooked during the trial.
It is important to keep in mind that there are many factors involved with whether or not you will get your first offense DUI dismissed, but it does happen.
The key thing here is getting the right help from an experienced attorney as early on in the process as possible so that they can begin building a solid defense strategy for your case.