Hi, Anna Yum here! One of the common questions I get is:
How DUI cases get dismissed?
And, the short answer is that it depends. Now, I know that sounds very cliche, but it’s the truth. DUI case dismissals really depend upon the facts of each particular case. It is very fact specific.
So let’s talk briefly about some of the things that we look at as defense attorneys to see how we can try to get a DUI case dismissed.
One of the common things that a criminal defense attorney looks at is to see if there’s what’s called a valid suppression issue or filing a suppression motion.
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Now, what does that mean?
Essentially, what we’re looking for is to see if there’s any avenue, if there’s any way that we can try to keep evidence out, meaning keep it from being considered in your case, based upon whether the government followed proper procedure.
So I’ll give you specific examples.
- Let’s say that you’re in a situation where you feel that the cop didn’t have any reason to pull you over and then you got a DUI.
If you think the cop just pulled you over based upon a hunch or based upon curiosity, well, that’s an avenue that we could potentially explore in deciding whether the officer even had enough of what’s called reasonable suspicion to detain you to begin with.
- Another way of looking at it is, let’s say that you did get pulled over. Let’s say the cop pulls you over and then you’re challenging the reasoning for the cop to even arrest you.
So sometimes you can look to see if the officer had what’s called probable cause, meaning objective facts or circumstances that would lead a reasonable person to believe a crime was committed.
One way of challenging the case is to see if the officer had that probable cause to even make the DUI arrest to begin with.
- Another example is, let’s say that you didn’t consent to getting your blood drawn. And let’s say that there’s what’s called a forced blood draw. Well, an officer has to get a search warrant in order to get that blood draw.
So if there was no warrant in place or if there were some procedural defects in terms of getting that warrant, that’s another avenue that we could potentially pursue.
So, as I said before, it really just depends upon your particular case. And, of course, if you have any questions or if you feel that any of these issues might pertain to you, feel free to pick up the phone and give us a call and we’d be more than happy to provide you with a free legal consultation.