A DUI is a driving crime that will land you in jail. While you can bond out of jail if you have a way, you will still face the charges in court for the crime. There are times when courts dismiss DUI charges that are pending against people. While this is not the most common result of a DUI charge, you might be wondering how this happens. Here are some of the ways DUI cases end up getting dismissed.
Proof of an Illegal Stop
You probably know that a police officer needs probable cause to make a traffic stop. If a person is able to prove that the officer did not have probable cause to make the stop, the court would have no option but to dismiss the case. The challenging part of this is that it is the person's word against the word of the police officer — kind of like a he-said, she-said situation. If you cannot prove there was no probable cause, it would be hard to use this as your defense.
The Test Was Affected by Medicine
There are certain types of medicines that people take that can cause faulty results or fake-positive results on breathalyzer tests. There have been many cases of people getting DUI charges due to this reason. If you are not on any prescribed medication, you would not be able to fight your charges with this defense strategy.
Differences in Blood-Alcohol Content
There is another defense that relies on proof from the differences in blood-alcohol content from one point in time to another. When a person consumes alcohol, it does not register in the person's bloodstream right away. It may later on, though. If a person drove immediately after consuming alcohol, the person might not have legally been impaired at the time. If the person was pulled over and was not tested for blood-alcohol content until an hour later, the person might fail the test. At the time, though, when he or she was driving, he or she would have passed the test. This is all due to the way alcohol affects a person's bloodstream, and it is often referred to as rising blood alcohol.
Your DUI case might not end up getting dismissed, but you would have a better chance of getting the charges reduced or facing fewer consequences if you hire a DUI attorney who works in your local area.Share
20 January 2020
If you are like most people, you can't imagine being accused of committing a crime. However, when it comes down to it, millions of people are every year in the United States, and it is important to know what to do if you are. For starters, it really pays to have a great lawyer on hand. You should also know how to manage yourself in court, and be prepared to accept the consequences for anything you have done wrong. On this website, you will be able to find great tips for working with attorneys in your area, since you never know when you will need support.