How Do You Get a DUI Dismissed?

How Do You Get a DUI Dismissed?Drunk driving can carry a heavy sentence, and you may be wondering if it is possible to get your charges dismissed altogether. If evidence has been mishandled or inappropriately obtained, it is entirely possible to get your DUI charges dropped by the court.

The Legal Information Institute defines a DUI as driving under while impaired by alcohol or drugs. Each state sets its limits, but in Florida, the legal limit is a BAC (blood alcohol content) or BAL (breath alcohol level) of .08. However, a BAC of .15 usually results in much harsher penalties. If it is your first DUI, it is usually easier to have the case dismissed. However, a second or third DUI involves much heavier punishments and we advise seeking the help of a qualified attorney to fight what might be an uphill battle.

Examining the evidence, witness statements, and police reports require a keen eye and knowledge of the legal system and court processes. In order to pursue the best possible legal defense available, you should enlist the aid of a qualified DUI lawyer.

Call The Ticket Lawyers today to find out your options. We offer a free consultation with one of our attorneys to go over your options and our payment structure.

Call us now at 855-323-8488.

Can a First Offense DUI be Dismissed?

It is very possible to have a first offense DUI case dismissed by the court of prosecution. How this is done will depend on the skill of your attorney, the strength of your defense strategy, and the quality of the evidence against you. A judge or prosecuting attorney may decide to drop the charges against you, but a police officer will not have the authority to do so once you have been arrested.

Each case is unique. The circumstances of your arrest, your criminal background, and the severity of your DUI charges will determine how difficult it may be to have your case dropped. A qualified DUI lawyer will be able to layout your options and find out what the best course of action for you might be.

Can a Second DUI Be Dismissed?

While it is true that a second DUI charge can be dropped based on the reasons listed above, you will automatically have your license suspended if this is your second DUI arrest in five years. A lawyer will be able to help you file for a hardship license during the period of your suspension.

A second DUI is typically much more serious than the first. The individual nature of your DUI case will affect how difficult it may be to get it dismissed. A judge will not be as lenient towards a second charge as they might be with the first, and you should always prepare to face strict penalties should you be convicted. The Ticket Lawyers will do everything in our power to get your charges dropped as soon as possible.

How Can a DUI Get Dismissed?

According to the National Highway Traffic Safety Administration, about 1.5 million people are arrested for a DUI in any given year. Not all of these are done by the book, and many were dismissed after the fact.

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 charges.

You may be able to contest the following:

• Illegal stop, search, or seizure – Police officers cannot pull you over for no reason. Usually, a police officer will first pull you over for a traffic violation, and then decide whether they think you might be under the influence. If they unjustifiably stop you then you may be able to use this as ammunition in your case.
• Observations made by an officer after a police stop – Police need to record all observations during a traffic stop or arrest. Your lawyer will look for evidence that contradicts their statement, which will call its validity into question.
• Results of a breath test – Breathalyzers are usually considered to be strong evidence in a DUI case. However, some medical conditions such as GERD, can affect the results. Providing medical records in your defense may negate the evidence.
• Results of field sobriety tests -Field sobriety tests need to be performed in a particular way, and police need to have sufficient cause to perform them. If they can be contested, then the evidence may be invalid.
• Results of blood alcohol tests – In order for blood tests to be used in court, they need to be performed in a particular way If the right procedure was not followed then the evidence cannot be used.

What Are The Chances of Getting a DUI Dismissed?

There are no official statistics for DUI dismissals in Florida. This information is usually collected locally by individual cities. For example, in Orlando, almost 40% of DUI cases are either dismissed or reduced to a reckless driving charge. However, when it comes to a second or third DUI, the chance of it being reduced or dismissed is significantly lower.

Each case is unique and requires a qualified attorney to assess it and make judgments on any weaknesses. The Ticket Lawyers will have your back every step of the way.

Contact The Ticket Lawyers Today!

If you or a loved one is facing the repercussions of a DUI then contact The Ticket Lawyers today to find out your options. We will do everything in our power to have your case dismissed. We have extensive experience dealing with all kinds of DUI cases in Florida and provide excellent legal defense for all of our clients. We offer a free consultation with a qualified attorney who will provide initial guidance so that you can make an informed decision.

Call The Ticket Lawyers today at 855-323-8488.