What are some loopholes that could get my DUI charges dropped?

In order to have DUI charges dropped based on legal loopholes, having legal counsel involved from the onset of your arrest is imperative. More often than not, finding legal loopholes as grounds for dismissing a DUI charge are based on the events immediately prior to, during, and immediately following the traffic stop incident to DUI arrest. Issues such as probable cause for initiating a traffic stop, reasonable search and seizure, and informed consent may play a role in presenting grounds for dismissing.

Another consideration often looked into by legal counsel includes the accuracy, maintenance, and chain of custody of the breath, blood, or urine samples used to ascertain the BAC of a driver, or the presence of other substances. Inquiries should revolve around the sample itself, as well as the testing device used to obtain the sample, as well as the practices of the individual tasked with taking the sample.

A final consideration for dismissal revolves around the individual nature of each state’s DUI laws, which can vary significantly on certain matters. One of the most common involves the amount of information a driver is required to be informed about by law enforcement before engaging in any form of field sobriety testing or chemical testing. Without sufficient consent, a driver’s rights may have been violated, and in turn, a case may be dismissed.

In reality, legal loopholes only arise based on case-specific considerations, and without the insight of a practicing criminal defense lawyer with experience in handling DUI cases, a driver will most likely not be able to present a competent legal defense arguing for dismissal. For more information and insight into your DUI case, consult with a DUI lawyer in the jurisdiction of your arrest today.