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Is it possible to get a DUI charge dismissed?

On Behalf of | Mar 2, 2023 | Criminal Defense, Drunk Driving

One of the biggest nightmares any Mississippi resident can face is a DUI charge. Even if you’re not convicted, your life can change in negative ways. Fortunately, there are some ways you can get such a charge dismissed. These are the most commonly used in such cases.

Breath test mistakes

Police officers often ask drivers to take Breathalyzer tests when they suspect them of driving under the influence (DUI). However, these tests aren’t foolproof, which means mistakes can be made. If the officer fails to properly administer a Breathalyzer or if it’s not properly calibrated, its results may be deemed inadmissible in your case; this could lead to the charges being dismissed.

Checkpoint errors

When police set up DUI checkpoints, they must follow the proper procedures. Drivers must receive advance warning of the checkpoint. There must also be adequate staffing or supervision, and police cannot be biased when making drivers stop their vehicles. Procedures must be safe and prevent a potential traffic hazard as well. If any mistakes are made at a checkpoint, it might lead to DUI charges being dismissed.

Challenging field sobriety test results

Police use field sobriety tests to determine whether a driver is under the influence, but they cannot solely rely on them alone. The tests are often unreliable for a variety of reasons: a person may have a medical condition that causes them to fail, police might not explain all the criteria for taking the test or an outside factor may affect how a person performs.

Invalid traffic stop

Police must have reasonable suspicion that a crime has occurred before they can make a traffic stop. If this is lacking and they pull you over and believe you are guilty of DUI, the charges might be dismissed.

You weren’t driving

In some cases, if you weren’t driving at the time of your arrest but were sitting in the car while parked, you might be able to get the charges dismissed. The prosecution would have to prove you were under the influence while driving, which could be challenging.

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