A DUI arrest in California can be a stressful experience, and many people wonder if it is possible to have a DUI charge dismissed. The truth is that not every DUI case will end in dismissal; however, the law provides several options for fighting the criminal charges. Knowing your rights and the defenses available is the first step toward protecting your future.
Hurwitz Law Group understands the significant consequences that can result from being arrested for driving under the influence. Our law firm helps clients by building a strong defense and seeking every valid reason a judge might dismiss the case.
Our California DUI defense attorney works closely with each client to review the circumstances surrounding the arrest, the evidence collected, and any mistakes made by a police officer. With an experienced attorney on your side, you have a better chance of keeping your criminal record clean.
Courts consider several factors when determining whether a DUI charge can be dismissed. If the evidence collected is weak or if the police officer violated constitutional rights, your defense lawyer may argue for charges to be dismissed.
A few common reasons a court may agree to dismiss a DUI case include:
The Fourth Amendment and California VC § 23152 require that a traffic stop or DUI arrest must be based on probable cause. If a police officer stopped you without reasonable suspicion, your attorney can ask the court to dismiss the DUI charges.
Without a valid reason for the initial stop, any field sobriety tests or breath test results may be considered insufficient evidence.
Breath tests and blood alcohol tests are often treated as strong evidence in a DUI case. Still, the truth is that they can sometimes be unreliable if the machines used are not properly maintained or if the testing procedures are done incorrectly. Even small errors in calibration or handling can lead to inaccurate breath test results or blood alcohol readings, which can weaken the entire case.
A criminal defense attorney may carefully review every part of the testing process to show that the results should not be trusted. If the legal limit cannot be proven with reliable evidence, the DUI charges may be dismissed or reduced.
Certain health problems can look like drunk driving even when no alcohol is involved. Conditions such as diabetes or neurological issues may cause slurred speech or unsteady balance. These symptoms can be confused with a DUI offense. A criminal defense lawyer may argue that medical conditions and not intoxication caused the signs of influence.
When someone is arrested for driving under the influence, the police officer must inform them of their Miranda rights before beginning any custodial interrogation. These rights include the right to remain silent and the right to have an attorney, and they are designed to protect individuals from making incriminating statements without understanding the potential consequences.
If the officer fails to read these rights, then anything the suspect says may not be admissible in court. Without those statements, the prosecution may struggle to prove the DUI charge, since the evidence collected is no longer complete. A skilled DUI lawyer can file a motion to suppress this evidence, which could result in the charges being dismissed.
Even if there was probable cause, errors in the legal process may allow a DUI charge to be dismissed. Courts require strict compliance with California law, and even minor mistakes can lead to more severe outcomes.
Here are common procedural defenses used in DUI cases:
California law requires that DUI checkpoints be set up and operated under strict legal requirements, including proper notice to the public and clear rules for stopping vehicles.
If the checkpoint was not carried out correctly, your DUI lawyer can argue that the stop was unlawful and that any evidence collected should not be used in court. In many cases, an unlawful stop may provide the court with strong grounds to dismiss the charges entirely.
Police reports and officer testimony must always be accurate, as they are crucial pieces of evidence in every DUI case.
If a police officer makes mistakes, writes down false details, or later testifies in a way that does not match the report, your defense attorney can challenge the reliability of their statements. Even small errors may be sufficient to demonstrate to the court that the DUI charges should be reduced to a lesser offense or possibly dismissed altogether.
Under California VC § 13558, every person arrested for driving under the influence has the right to request a DMV hearing to fight against a possible license suspension. This hearing is important because it gives your lawyer a chance to carefully question the arrest, the blood alcohol tests, and the actions of the police officer involved.
A strong defense during this hearing may prevent mandatory license suspension, and it can also support your DUI case in criminal court by showing that the evidence is weak or unreliable.
Not every case ends with all charges dismissed. However, other outcomes may reduce the damage. A skilled criminal defense attorney can work toward plea bargain options, lesser offense charges, or expungement after a DUI conviction.
Sometimes DUI charges reduced to California VC § 23103.5 (“Wet Reckless”) are possible. These wet reckless convictions carry lighter penalties than a first-time DUI conviction. A reckless driving charge may still impact your driving record, but it is preferable to a full DUI conviction.
For related offenses, California PC § 1000 may allow entry into diversion programs, which may include DUI school or counseling. Completing the program may help prevent a criminal record and reduce the likelihood of jail time.
Even after a DUI conviction, California PC § 1203.4 may allow expungement. This means the conviction is removed from your public record. Expungement can help with pre-employment background checks and improve future opportunities.
A DUI case is complex, and the right law firm can make a major difference. A skilled DUI defense attorney knows how to use strong defense strategies and challenge every part of the case. The following are key ways a lawyer can help.
A skilled DUI lawyer will carefully study all the evidence collected by the police officer, including breath test results, blood alcohol records, and field sobriety tests, because even small mistakes can change the outcome of the case.
If the evidence collected does not meet legal standards or is inconsistent, the defense attorney may argue that there is insufficient evidence to prove guilt. This may lead the court to dismiss the DUI charge or reduce it to a lesser offense.
Under California PC § 1538.5, a criminal defense attorney may file a motion to suppress evidence when the evidence was collected in a way that violates the law or the defendant's constitutional rights. If the judge agrees that the evidence should not be used, a large part of the prosecution’s case may disappear.
Without the breath test results, police reports, or incriminating statements, it becomes much harder for the prosecution to move forward with serious DUI charges in court.
In many DUI cases, the outcome is shaped by negotiations between the defense attorney and the prosecutor, which can sometimes result in reduced charges or lighter penalties. A strong criminal defense attorney may be able to convince the prosecutor to agree to a plea bargain for a lesser offense, such as dry reckless or reckless driving, instead of a DUI conviction.
This type of agreement can reduce penalties, shorten probation, and sometimes avoid a mandatory license suspension. It may also prevent jail time.
If no agreement is reached during negotiations, your attorney must be prepared to fight aggressively in court, presenting a strong defense and challenging every weakness in the prosecution’s case. The criminal defense lawyer will question the accuracy of breath tests, point out errors made by the police officer, and highlight any violations of your constitutional rights.
The goal is always to achieve the best outcome, whether that means having charges dismissed, reducing penalties, or keeping your driving record free from a DUI conviction.
How do you get a DUI dismissed in California?
A DUI offense can sometimes be dismissed if there was no probable cause, the breathalyzer test was faulty, or the police made serious mistakes. An experienced attorney can thoroughly review the case and work to have the charges dropped.
Is a reckless driving conviction better than a DUI?
Yes. A reckless driving conviction or a wet reckless conviction usually brings lighter penalties than a DUI offense. They often avoid jail time, a long license suspension, and higher fines.
Can BAC levels from a breathalyzer test always be trusted?
Not always. Breathalyzer test results and blood alcohol concentration (BAC) numbers can be inaccurate if the device is not properly maintained or if the test is conducted incorrectly. Bad results can weaken the DUI case.
What happens if I plead guilty to a DUI?
If you plead guilty, you may face a suspended license, fines, and possible jail time. The penalties can be worse for subsequent offenses or if the court considers the DUI a case with serious charges.
Will a DUI affect my driver’s license?
Yes. A DUI offense can result in license suspension or other restrictions on your driving privileges. The duration of your driver’s license suspension will depend on BAC levels, prior DUI history, and court decisions.
If you are facing DUI charges, it is important to know that you do not have to go through this alone. The penalties for a DUI can affect your job, your driver’s license, and your future, but the right defense can make a major difference.
Hurwitz Law Group believes that every attorney-client relationship should be built on trust, respect, and clear communication. Our law firm takes time to listen, answer questions, and explain what to expect at each step of the process.
We offer a free case evaluation so you can understand your options before making any decisions. If you are facing DUI charges and need a strong defense, contact us today and let us protect your rights and your future.
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