Are there any loopholes for getting charges dropped in a DUI conviction?

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Question:

Are there any loopholes for getting charges dropped in a DUI conviction?

Answer:

Getting charges dropped in a DUI conviction isn't going to be easy. DUI charges are either misdemeanor or felony criminal charges, and there is a reason that the penalties include possible jail time and the loss of your drivers license- the reason is because DUI is dangerous and states want to take steps to deter it. However, while getting the charges dropped isn't going to be simple, it is possible if you have a legitimate defense to use. 

Some example of defenses that could allow you to get your DUI charges dropped include:

  • Illegally obtained evidence: If the police search you illegally (i.e. by taking a breathalyzer or giving you another BAC test without any probable cause for doing so) then any evidence that is obtained was obtained in violation of your constitutional rights against unreasonable search and seizure. When your rights against unreasonable search and seizure are violated, the court won't let the evidence be used against you. Without evidence, the prosecutor may have no choice but to drop the charges, or the court may have no choice but to dismiss them. 
  • Tainted evidence: Sometimes, the evidence itself is flawed. If the police officer missed the appointment to renew his training to use the breathalyzer, for example, then he may not be properly certified and his reading may not be used against you. if the breathalyzer missed a scheduled maintenance appointment, the machine itself may have been faulty. Again, if this evidence is thrown out and the prosecutor is left without proof of your DUI, then the charges may be dropped.

These are just two of a few possible DUI defenses- if you believe you may have a reason for getting the charges dropped, you need to call a lawyer right away to explore your options. 

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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