Sacramento DUI lawyers are often asked, "what are the chances that my case will get dismissed?"
A dismissal can either come from the court or from the district attorney's office but, of course there must be a reason to dismiss.
Sacramento DUI court dismissals:
Most commonly the court, "dismisses" a DUI case if they find that there was a violation of your constitutional rights, usually your 4th Amendment Right to be free from unreasonable search and seizure. This procedure must be initiated by your defense attorney filing a written motion known as a Penal Code Section 1538.5 MOTION TO SUPPRESS EVIDENCE. The filing and service of this motion on the Sacramento District Attorney's Office requires the reply by the DA and ultimately you have your day in court where I question the officer about the arrest and argue to the court that your constitutional rights were violated. There are a great many sub-issues relating to these types of motions.
I personally have had courts grant my motions to suppress evidence and dismiss my client's cases under Penal Code 1538.8 for a number of reasons including;
DUI Dismissed Stories
- The police entered into my client's house without a warrant when they stopped his garage door from closing, entered and arrested him for a 2nd offense DUI while he was still on probation for his first. Case Dismissed.
- My client was pulled over for a cracked windshield but when questioned on the stand the officer couldn't remember where on the window the crack was located allowing me to argue that the government could not prove that the crack actually interfered with my client's vision and therefore the stop was NOT justified. Case Dismissed
- The police officer pulled over my out-of-state businessman, claiming that he was weaving but, when I showed the judge the in-car dash cam the judge said that my client's driving was fine and that the stop was NOT justified. - Case Dismissed.
- Sobriety check point snagged my client but my questioning of the officer showed that the police did not follow the proper constitutional guidelines required at all DUI checkpoints. Case Dismissed
- A citizen reportedly saw my client get out of his car at the Kaiser parking lot walking unsteadily and he threw a beer can into the bushes. The court found that there was insufficient information to detain client- case dismissed.
Odds of Getting DUI Dropped
The odds of having a DUI (Driving Under the Influence) charge dropped can vary depending on various factors, including the specific circumstances of the case, the jurisdiction in which the offense occurred, and the effectiveness of your legal representation. It's important to consult with a qualified attorney who specializes in DUI cases to assess your individual situation accurately.
Here are a few factors that may influence the odds of getting a DUI charge dropped:
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Evidence: If there are strong discrepancies or issues with the evidence against you, such as problems with the breathalyzer or blood test results, it could weaken the prosecution's case and increase the likelihood of the charges being dropped.
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Legal procedures: If law enforcement officers violated your rights during the arrest or failed to follow proper procedures during the traffic stop or testing process, it may provide grounds for challenging the validity of the charges, potentially leading to a dismissal.
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Legal defenses: A skilled DUI attorney can explore various legal defenses, such as lack of probable cause for the traffic stop, improper administration of field sobriety tests, or questioning the accuracy of the breathalyzer or blood test results. These defenses can strengthen your case and improve the chances of having the charges dropped.
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Plea bargaining: In some cases, the prosecution may be open to negotiating a plea bargain, which could result in reduced charges or penalties. Your attorney can negotiate on your behalf to reach a favorable outcome.
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Prior record and behavior: Your prior criminal record and behavior during the arrest and legal proceedings can also impact the odds of getting a DUI charge dropped. If you have a clean record and can demonstrate good character, it may work in your favor.
Sacramento DUI DA Dismissals:
The District Attorney's Office may elect to dismiss a case: "In the interests of justice" or for "Insufficiency of the evidence". Practically speaking they don't often dismiss a DUI case unless they believe that they will not be able to prove it at trial.
The most common DA dismissal is when your blood test comes back from the laboratory and it is below .08, depending on other evidence, your prior record and the provability of the case they may elect to dismiss it. When this occurs it most often happens your first day in court.
Reasons for Dropped DUI Charges
Lack of Probable Cause
Probable cause is a crucial element in any DUI case. It refers to the reasonable belief that a crime has been or is being committed. In DUI cases, law enforcement officers must have a valid reason to initiate a traffic stop or arrest. However, there are instances where probable cause may be lacking. For example, if an officer pulls someone over without observing any suspicious behavior or violating any traffic laws, it could be argued that the stop was unjustified. Skilled defense attorneys can challenge the validity of the stop, potentially leading to dropped charges.
Faulty Breathalyzer or Blood Test Results
Breathalyzer and blood tests are commonly used to measure blood alcohol concentration (BAC) levels in DUI cases. However, these tests are not infallible and can produce erroneous results. Factors such as improper calibration, malfunctioning equipment, or even medical conditions can affect the accuracy of these tests. If the defense can demonstrate issues with the test's reliability, it may cast doubt on the prosecution's evidence and increase the chances of dropped charges.
Violation of Constitutional Rights
During a DUI arrest, individuals are entitled to certain constitutional rights, such as the right to remain silent and the right to legal representation. Any violation of these rights can have a significant impact on the case. For instance, if law enforcement fails to properly inform the individual of their Miranda rights or conducts an unlawful search and seizure, the evidence obtained as a result may be suppressed. This defense strategy can lead to weakened prosecution and potentially dropped charges.
Insufficient Evidence
To secure a DUI conviction, the prosecution must present sufficient evidence that proves guilt beyond a reasonable doubt. However, there are situations where the evidence may be lacking or insufficient. Defense attorneys can challenge the evidence presented by the prosecution, highlighting inconsistencies, unreliable witnesses, or procedural errors. By raising doubts about the case, the defense may successfully convince the prosecution to drop the charges.
Lack of Probable Cause
In a DUI case, probable cause refers to the reasonable belief that a crime has been or is being committed. It is a legal requirement for law enforcement officers to have a valid reason to initiate a traffic stop or arrest. Without probable cause, any evidence obtained during the arrest may be deemed inadmissible in court. This is where the expertise of a skilled defense attorney becomes crucial. They can thoroughly review the circumstances leading to the arrest and challenge the validity of the stop or arrest if probable cause is lacking.
Additionally, there are several situations where probable cause may be absent. For example, if an officer pulls someone over without witnessing any traffic violations or if the initial suspicion is based on biased factors, it can be argued that the stop was unjustified. An experienced attorney can investigate the specifics of the case and determine if the lack of probable cause can be used as a defense strategy.
Faulty Breathalyzer or Blood Test Results
Breathalyzer and blood tests are commonly used to determine a person's BAC level during a DUI arrest. However, these tests are not foolproof and can produce inaccurate results. Issues such as improper calibration, malfunctioning equipment, or even environmental factors can impact the reliability of these tests. Defense attorneys can challenge the accuracy of the test results by questioning the maintenance records of the testing devices, the qualifications of the individuals administering the tests, or by presenting alternative explanations for the elevated BAC levels.
It's important to note that the burden of proof lies with the prosecution, and they must establish that the test results are accurate and reliable. By challenging the validity of the test results, the defense can create reasonable doubt, potentially leading to dropped charges or reduced penalties.
Violation of Constitutional Rights
The United States Constitution guarantees certain rights to individuals during a DUI arrest. These rights include the right to remain silent, the right to legal representation, and protection against unreasonable searches and seizures. If any of these rights are violated during the arrest process, it can have a significant impact on the case.
For example, if law enforcement fails to properly inform the individual of their Miranda rights before questioning, any statements made during that time may be inadmissible in court. Similarly, if the police conduct an unlawful search and seizure, any evidence obtained as a result of that violation can be suppressed. Defense attorneys can thoroughly investigate the arrest procedure to identify any constitutional rights violations, potentially leading to dropped charges or weakened prosecution.
Insufficient Evidence
In any criminal case, including DUI charges, the prosecution must present sufficient evidence to prove guilt beyond a reasonable doubt. However, there are situations where the evidence may be lacking or insufficient. Defense attorneys can thoroughly examine the evidence presented by the prosecution and challenge its credibility or reliability.
By scrutinizing witness testimonies, cross-examining experts, or pointing out inconsistencies in the prosecution's case, the defense can raise doubts about the accuracy and strength of the evidence. When the prosecution realizes the weaknesses in their case, they may choose to drop the charges rather than risking an unsuccessful trial.
Legal Defense Strategies
Facing DUI charges can be a daunting experience, but with the right legal defense strategy, the chances of getting charges dropped or reduced significantly increase. It is crucial to consult with an experienced DUI defense attorney who can evaluate the specific details of your case and develop an effective defense plan.
One of the primary defense strategies is hiring a skilled attorney with expertise in DUI cases. They understand the complexities of the legal system, have in-depth knowledge of the relevant laws, and can navigate the intricate procedures. Your attorney will thoroughly investigate the circumstances surrounding your arrest, collect evidence, interview witnesses, and identify any potential flaws in the prosecution's case.
In some instances, your attorney may negotiate with the prosecution for reduced charges or even dismissal. This can involve presenting alternative plea options or highlighting the weaknesses in the prosecution's case to persuade them that pursuing the charges may not be in their best interest.
Additionally, your attorney may engage expert witnesses to provide testimony that challenges the accuracy or reliability of the evidence presented by the prosecution. These experts can include forensic toxicologists, accident reconstruction specialists, or medical professionals who can provide alternative explanations or interpretations.
Consequences of Dropped DUI Charges
When DUI charges are dropped, it can have significant implications for the individual facing the allegations. Let's explore some of the potential consequences of dropped charges:
Restoration of Driving Privileges
One of the immediate benefits of dropped DUI charges is the restoration of driving privileges. If your license was suspended following the arrest, dropped charges mean you can regain your driving privileges without further legal consequences. This is particularly important for individuals who rely on their vehicles for work, school, or personal obligations.
Protection of Criminal Record
A dropped DUI charge means that you will not have a DUI conviction on your criminal record. This can have long-lasting positive effects on your personal and professional life. A criminal record can impact employment prospects, educational opportunities, housing options, and even immigration status. By having the charges dropped, you can avoid the negative consequences associated with a DUI conviction.
Financial and Emotional Relief
DUI charges come with significant financial burdens. Legal fees, court costs, fines, increased insurance premiums, and alcohol education programs can quickly accumulate and cause financial distress. When charges are dropped, these financial obligations are eliminated or significantly reduced, providing much-needed relief.
Moreover, the emotional toll of facing criminal charges can be immense. The stress, anxiety, and uncertainty that come with a DUI case can impact your mental well-being and relationships. When the charges are dropped, it brings a sense of closure and emotional relief, allowing you to move forward with your life.
FAQ
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Q: Can DUI charges be dropped in California?
A: Yes, DUI charges can be dropped in California under certain circumstances.
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Q: What are some common reasons for DUI charges to be dropped?
A: Common reasons for DUI charges to be dropped include lack of probable cause, improper arrest procedures, or insufficient evidence.
Example: If a police officer pulls over a driver without a valid reason, the lack of probable cause can lead to the DUI charges being dropped.
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Q: Can a DUI charge be dropped if the breathalyzer test results are inaccurate?
A: Yes, if there are concerns about the accuracy of the breathalyzer test results, it can be a valid defense strategy to have the DUI charges dropped.
Example: If a defendant's attorney can prove that the breathalyzer machine used was not calibrated correctly or maintained properly, it can cast doubt on the accuracy of the test results and lead to the charges being dropped.
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Q: What is a "rising blood alcohol" defense?
A: A rising blood alcohol defense argues that at the time of the DUI arrest, the defendant's blood alcohol concentration (BAC) was below the legal limit, but rose to an illegal level after being stopped.
Example: If a driver consumes alcohol immediately before or during a traffic stop, their BAC may rise during the time between the stop and the breathalyzer test. This can be used as a defense to show that the driver was not intoxicated at the time of driving.
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Q: Can a DUI charge be dropped if the arresting officer made errors during the field sobriety tests?
A: Yes, if the arresting officer made significant errors during the administration or interpretation of field sobriety tests, it can weaken the prosecution's case and lead to the charges being dropped.
Example: If an officer fails to properly demonstrate or explain the field sobriety tests to the driver, resulting in inaccurate performance or misinterpretation, it can be used as a defense to challenge the validity of the tests.
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Q: Can a DUI charge be dropped if the officer failed to read the Miranda rights?
A: While the failure to read Miranda rights may not directly lead to the charges being dropped, it can impact the admissibility of any statements made by the defendant during the arrest.
Example: If a defendant made self-incriminating statements after being arrested for DUI but was not read their Miranda rights, those statements may be deemed inadmissible in court, weakening the prosecution's case.
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Q: Can a DUI charge be dropped if the officer did not have reasonable suspicion to make the traffic stop?
A: Yes, if the officer lacked reasonable suspicion to initiate the traffic stop, any evidence gathered thereafter may be deemed inadmissible, potentially leading to the charges being dropped.
Example: If an officer pulls over a driver without observing any traffic violations or suspicious behavior, the defense can argue that the officer did not have reasonable suspicion, leading to a potential dismissal of the charges.
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Q: Can a DUI charge be dropped if the breathalyzer test was refused?
A: Refusing a breathalyzer test in California can result in administrative penalties, such as a license suspension. However, the absence of a breathalyzer test can make it more challenging for the prosecution to prove DUI beyond a reasonable doubt, potentially leading to the charges being dropped.
Example: If a defendant refuses to take a breathalyzer test and there is no other strong evidence of impairment, it can create doubt about their guilt, increasing the likelihood of the charges being dropped.
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Q: Can a DUI charge be dropped if the blood test results were mishandled?
A: Yes, if there are issues with the handling, storage, or analysis of blood samples used for DUI testing, it can call into question the reliability of the results and potentially lead to the charges being dropped.
Example: If the chain of custody of the blood sample is not properly documented or there are concerns about the integrity of the testing process, the defense can argue that the blood test results are unreliable, leading to potential dismissal of the charges.
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Q: Can a DUI charge be dropped if the officer did not have probable cause to request a blood test?
A: Yes, if the officer did not have probable cause to request a blood test and the defendant's consent was not given, the results of the blood test may be suppressed, weakening the prosecution's case and potentially leading to the charges being dropped.
Example: If an officer requests a blood test without sufficient evidence of impairment or a valid reason, the defense can challenge the admissibility of the blood test results, which may result in the charges being dropped.
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Q: Can a DUI charge be dropped if the defendant has a medical condition that affects sobriety tests?
A: Yes, if the defendant has a medical condition that can impact their performance on field sobriety tests or breathalyzer tests, it can be used as a defense to challenge the accuracy of the test results and potentially lead to the charges being dropped.
Example: If a defendant has a medical condition that affects their balance or coordination, their performance on field sobriety tests may be compromised, leading to a defense argument that the tests were not reliable indicators of impairment.
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Q: Can a DUI charge be dropped if the officer did not observe the defendant driving?
A: In some cases, if the officer did not witness the defendant driving or have other reliable evidence of their operation of the vehicle while intoxicated, it can weaken the prosecution's case and potentially lead to the charges being dropped.
Example: If a police officer finds a parked vehicle with an intoxicated individual inside but did not observe the defendant driving or have witness statements confirming their operation of the vehicle, the defense can challenge the DUI charges on the grounds of lack of evidence.
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Q: Can a DUI charge be dropped if the defendant can prove they were not under the influence of drugs or alcohol?
A: Yes, if the defendant can present strong evidence, such as witness testimony or expert opinions, that they were not under the influence of drugs or alcohol at the time of driving, it can cast doubt on the prosecution's case and potentially lead to the charges being dropped.
Example: If a defendant can provide witness statements or expert testimony confirming their sobriety, contradicting the arresting officer's observations, it can be a strong defense strategy to have the charges dropped.
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Q: Can a DUI charge be dropped if the defendant completes a diversion program or attends alcohol education classes?
A: In some cases, completing a diversion program or alcohol education classes can be part of a plea agreement or sentencing condition that leads to the DUI charges being dropped upon successful completion.
Example: If a first-time DUI offender agrees to participate in a court-approved alcohol education program, and successfully completes it, the court may dismiss the DUI charges as part of the agreement.
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Q: Can a DUI charge be dropped if the defendant's rights were violated during the arrest?
A: Yes, if the defendant's constitutional rights were violated during the arrest or any subsequent procedures, it can result in the exclusion of evidence or other legal remedies that may lead to the charges being dropped.
Example: If an officer conducts an unreasonable search of the defendant's vehicle without a valid warrant or consent, any evidence obtained during that search may be suppressed, potentially resulting in the charges being dropped.
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Q: Can a DUI charge be dropped if the defendant has a valid prescription for the medication found in their system?
A: If the defendant has a valid prescription for the medication that was found in their system, it can be a valid defense to challenge the DUI charges and potentially lead to their dismissal.
Example: If a defendant is prescribed medication that may affect their sobriety but has followed their doctor's instructions and dosage, it can be argued that their impaired state was due to the prescribed medication and not illegal drug use or intoxication.
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Q: Can a DUI charge be dropped if the defendant was unlawfully detained?
A: If the defendant was unlawfully detained or subjected to an extended detention without reasonable suspicion, it can be a basis to challenge the legality of the arrest and potentially lead to the charges being dropped.
Example: If an officer detains a driver for an excessive amount of time without a valid reason or extends the traffic stop beyond what is necessary, the defense can argue that the extended detention was unlawful and seek to have the charges dropped.
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Q: Can a DUI charge be dropped if the defendant can prove an emergency or necessity for driving under the influence?
A: In rare cases, if the defendant can prove that driving under the influence was necessary to prevent a greater harm or emergency situation, it can be used as a defense to challenge the DUI charges and potentially lead to their dismissal.
Example: If a defendant can provide evidence or witness testimony that driving under the influence was the only available option to respond to a life-threatening situation, it can be argued that the circumstances justified their actions.
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Q: Can a DUI charge be dropped if the defendant's rights were not properly explained during the arrest?
A: While the failure to explain the defendant's rights during the arrest may not directly result in the charges being dropped, it can impact the admissibility of any statements made by the defendant and weaken the prosecution's case.
Example: If a defendant makes self-incriminating statements during the arrest but was not properly informed of their Miranda rights, their statements may be deemed inadmissible, potentially leading to a reduction in the evidence against them.
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Q: Can a DUI charge be dropped if the defendant's attorney finds errors or inconsistencies in the prosecution's case?
A: Yes, if the defendant's attorney can identify errors, inconsistencies, or weaknesses in the prosecution's case, they can present these findings as a defense strategy to challenge the credibility of the charges and potentially have them dropped.
Example: If the defense discovers discrepancies in the arresting officer's report, inconsistencies in witness statements, or procedural errors in handling evidence, they can use these findings to undermine the prosecution's case and seek the dismissal of the charges.