Can a Police Officer Drop DUI Charges?

Can a Police Officer Drop DUI Charges? Driving under the influence is never acceptable, but we understand that sometimes people make mistakes. The Legal Information Institute defines a DUI as driving under the influence of drugs or alcohol to the point of impairment. A DUI case can lead to the loss of your job, or even your freedom if you are sentenced to jail time.

If you were arrested on criminal charges for DUI, you might be wondering if the arresting officer or higher police authority has the power to have your charges dismissed. Unfortunately, once charges have been filed and your booking has been processed, police have no authority over your case. It is up to the Prosecutor’s Office or the judge to determine whether DUI cases can be dropped.

Contact The Ticket Lawyers today to schedule a free consultation with a qualified criminal defense attorney. Our firm can guarantee excellent legal advice during your trying time.

Call us now at 855-323-8488.

Who Can Have My DUI Charges Dismissed?

Only the court or prosecution can dismiss your charges. An arresting police officer will not have the authority to drop charges once they have been filed. If you have been arrested, you will be processed, and your case will be put before the court. Once an arrest has been made and criminal charges have been filed with the prosecutor’s office, police have no jurisdiction over how your case will be processed.

The presiding judge may have your DUI charge dropped based on a mishandling or lack of evidence against you. The prosecution may also decide to drop charges against you based on similar reasons.

How Can I Fight DUI Charges?

There are a number of ways to fight a drunk driving charge. Most often, this includes arguing the legitimacy of the evidence against you. Even if you blew above a .08, you still have a chance to contest your DUI charge.

You may be able to contest the following:

• Results of field sobriety tests -Field sobriety tests can be contested. How they were conducted and what conclusions were drawn can be examined and called into question.
• Illegal stop, search, or seizure – Police must adhere to proper protocol when stopping individuals for a traffic violation. They need to have a reasonable cause to stop you, and then to test you. There may be evidence that a police officer acted improperly, in which case, evidence can be thrown out.
• Results of blood alcohol tests – Blood alcohol content also needs to be measured properly. The defendant must have been aware of tests and given consent.
• Observations made by an officer after a police stop – Police are required to make a record of all of their observations, and your lawyer may be able to call these observations into question if they can find any evidence that they were in any way inaccurate.
• Results of a breath test – Breathalyzers are generally presumed to be accurate indicators of alcohol levels. However, some medical conditions can skew results, such as GERD. If you have medical records to show that this has been an issue for you, then you may be able to call the results into question.

Police are required to record their observations made during an arrest. You can contest the legitimacy of these observations in court. If you have evidence that contradicts recorded statements from police, the probable cause for the arrest may crumble.

Do I Need a Lawyer to Fight a DUI?

Although you can attempt to fight your DUI charges on your own, it is much better to have a qualified attorney to prepare your defense. An attorney isn’t alone when they defend your case. A law firm will have legal assistants, investigators, and other partners to help in the effort. It is a herculean task to examine evidence and prepare a legal defense strategy on your own.

You also have the right to a public defender if you cannot afford to hire a private attorney. While there are many qualified and skillful attorneys in the Public Defender’s Office, you do not have the choice of who your legal counsel will be. A public defender is assigned to you by the court, and it is very unlikely you will be able to request a new one.

Contact The Ticket Lawyers Today!

If you or a loved one has been charged with a DUI, you may be afraid of what the future holds. Contact The Ticket Lawyers to find out your options. We offer a free consultation with a qualified attorney who will explain our fee structure for DUI cases.

Call us now for a free consultation at 855-323-8488.