Can I get my DUI dismissed? 48 Answers as of June 20, 2011

I got pulled over for driving with my lights off. The officer asked me if I had been drinking and I told him I only had a couple, which was the truth. They had me get out of the car and do their field sobriety tests. I passed ALL of the tests, but they still didn't believe that I was not intoxicated. They had me do the breathalyzer and took me in (I was NOT told what my BAC was). Can I get this entire thing dismissed?

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Law Offices of Scott Tibbedeaux
Law Offices of Scott Tibbedeaux | Scott Tibbedeaux
You can start with a motion to suppress evidence based on what you are stating in regards to the BAC not being revealed to you.
Answer Applies to: California
Replied: 6/20/2011
Gonzalez Law Associates P.C.
Gonzalez Law Associates P.C. | Carlos Gonzalez
If you're above .05 you can be charged with driving while ability impaired and I above .08 you can be charged with driving while intoxicated. The fact that the breathalyzer test results weren't revealed to you isn't helpful in the least bit to your case, but once they are revealed it could prove either very helpful or quite damaging. Make sure you speak to and hire a good defense attorney, I you would like to discuss the matter further contact us to do so.
Answer Applies to: New York
Replied: 6/20/2011
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
It is possible, but that will depend on the specifics of your case. I have had a lot of success getting DUI's dismissed (see 1duilawyer.com), but would need to speak to you in more detail to better assess your case.
Answer Applies to: California
Replied: 6/20/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
You case can be dismissed if the evidence is so bad that the case cannot proceed. Otherwise, your case can be dismissed if your are successful at trial You should consider hiring an attorney to review your case and to represent you. The impact of passing sobriety tests, the BAC, whether the BAC can be attacked, whether you were read your BAC rights, the calibration of the testing machine, the training of the operator, the time involved . . all of these things can contribute to a defense or lead to a recommendation that you consider a plea. Without an attorney, this review cannot be easliy grasped or accomplished.
Answer Applies to: Michigan
Replied: 6/20/2011
Andersen Law PLLC
Andersen Law PLLC | Craig Andersen
That's a great big question without little information on the facts of this case. I can't even say if you were charged based on what you haven't told me. I always bristle when anyone says they "passed" the field sobriety tests. One has to be trained on the proper way to conduct these tests and evaluate the results. There are guidelines established by the National Highway Safety Administration. Moreover, one of the first things we lose when we drink is our perception. The other thing is I don't know what kind of area you did the field tests in, what kind of footwear you had on, whether you have any disabilities or physical defects and so on. Did they give you a breath test at the scene? Did the officer fail to provide you with a copy of the breath test printout? Did you receive a ticket of any kind? Please let me know so I can give you accurate advice.
Answer Applies to: Washington
Replied: 6/20/2011
    Sharifi & Baron
    Sharifi & Baron | S. Yossof Sharifi
    Only if you have a great lawyer. Prosecutor's do not dismiss DUI's just because you want it dismissed. In Utah, they are serious crimes with enormous unintended consequences that will haunt you for years to come. Hire a good DUI lawyer and fight it tooth and nail.
    Answer Applies to: Utah
    Replied: 6/20/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Yous should consult with an experienced DUI attorney to determine if the facts of this case warrant a dismissal.
    Answer Applies to: Kansas
    Replied: 6/20/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    CAN the case end up being reduced or dropped? Sure. Is that likely, just because you want it? No. The police and DA don't spend time and money arresting, charging and prosecuting cases only to drop them without a fight. That's not how the system works. It is only your opinion you passed the FST, obviously it is not theirs, as they arrested you. Of course you can fight it. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. There is no magic wand to wave and make it all disappear. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be. Keep in mind a little free advice: When you are arrested for DUI, whether alcohol or drugs, then upon release from jail or booking you were given documents that included a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV hearing and present any supporting evidence and testimony. If you don't know how to do these things, then hire an attorney that does. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
    Answer Applies to: California
    Replied: 6/20/2011
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    It is possible depending if you did in fact pass and what the result of the was.
    Answer Applies to: Montana
    Replied: 6/20/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    If you took a test at the station, the results of that test will determine the disposition of the case. If the results there were over .08 you will probably not get it dismissed. The only other defense is whether the Police had probable cause and the " lights off " gives them that.
    Answer Applies to: California
    Replied: 6/20/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    If you were pulled over for good reason: your lights being off, and you admitted to drinking, and were also found to be intoxicated by the results of the breathalyzer test then it is very unlikely that you have any grounds to have your case dismissed. You should consider hiring a criminal defense attorney who will be able to work with you and the specific details of your case to attempt to receive the best possible outcome in this matter. If you are seeking legal representation in this matter in Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation.
    Answer Applies to: Louisiana
    Replied: 6/20/2011
    McWhirter Law Firm
    McWhirter Law Firm | Barry McWhirter
    If you passed all of the field sobriety tests and you passed the breathalyzer test, then a dismissal is a definite possibility. You need to find out the results of the breathalyzer test in order to determine your strategy. The results should be on the affidavit of complaint. Get a copy of the affidavit of complaint and then you can start working on your defense. Until you have the affidavit of complaint, you don't know what the police officer says the facts of the case are.
    Answer Applies to: Tennessee
    Replied: 6/20/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Possibly you ned to get an attorney who is familiar with DUI cases. He or she will look over the police reports, talk to witnesses and evaluate the case.
    Answer Applies to: Michigan
    Replied: 6/20/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    It depends on the result of the BAC.
    Answer Applies to: Washington
    Replied: 6/20/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    I would recommend you retain a criminal attorney in your area to discuss all your rights and options, including a right to contest the legality of the arrest. Good luck!
    Answer Applies to: Georgia
    Replied: 6/20/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    Depends on what your BAC is. You will need to know that. The fact that you say you passed all the tests doesn't mean the cop thought so.
    Answer Applies to: California
    Replied: 6/20/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    If you get a lawyer versed in dui law. It is possible. Also you have a right to a jury trial.
    Answer Applies to: Florida
    Replied: 6/20/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    The information you provided appears to warrant a dismissal, so yes I would say that the DUI is likely to be dismissed.
    Answer Applies to: Nebraska
    Replied: 6/20/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    It sounds like you have a case ripe for dismissal. If you have an attorney, you should be consulting with him on this question. If you do not, you should retain our office.
    Answer Applies to: New York
    Replied: 6/20/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    No. If they charged you with DWI, they will almost certainly go through with prosecuting you. What you need to do is hire a good criminal defense attorney and fight it. Although, despite what you say, the police will swear you failed the field sobriety test and they can always rely upon the common law drunk driving by simply saying you didn't have your lights on and that you smelled of alcohol and had slurred speech and bloodshot eyes, etc. They do it all the time and unfortunately, juries tend to believe them. Hire the lawyer and fight the case. Good luck.
    Answer Applies to: New York
    Replied: 6/20/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    It would depend on what the results of the breath test were as well as whether other proper procedure was followed during the traffic stop and while being questioned. An attorney may be helpful in assisting you to defend this case.
    Answer Applies to: Michigan
    Replied: 6/20/2011
    The Law Office of Rosanne Faul
    The Law Office of Rosanne Faul | Rosanne Faul
    Too hard to tell. I would need to see the police report, any video-audio recordings, breath logs and any other material available.
    Answer Applies to: California
    Replied: 6/20/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Maybe and maybe not. You don't have all of the information yet. To be honest, I have never encountered a case where a defendant passed all Standard Field Sobriety Tests. It's totally subjective and defendants always fail. Sometimes they think they passed. But, they failed. Can you get it dismissed? Maybe. I would need A LOT more information. Obviously, you need to be represented by an attorney if you've been charged.
    Answer Applies to: New York
    Replied: 6/20/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    It really depends on your BAC at the time of the arrest.
    Answer Applies to: Michigan
    Replied: 6/17/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You have not given me enough information to evaluate your case. In New York it is called a DWI not a DUI. If you blew more than a .13 BAC you will have to go to trial. If it was your first offense you will be convicted of the Impaired violation. If it is over .17 BAC you may be convicted of DWI and your license will be revoked for 6 months. Either way you will probably be convicted of 1192-1 or 1192-2 and your insurance is going to be very expensive. Do not get another DWI or you are facing jail and may not drive for a long time.
    Answer Applies to: New York
    Replied: 6/17/2011
    California Criminal Defense Center
    California Criminal Defense Center | Ardalon Fakhimi
    You case will have to be properly evaluated by a qualified DUI lawyer. More facts are needed to assess the likelihood of getting your case dismissed. Law enforcement is not required to tell you what your blood alcohol concentration at the time of arrest. You have a right to obtain that information after charges are filed against you.
    Answer Applies to: California
    Replied: 6/17/2011
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    It will really depend on what your blood alcohol level was. If it's below the legal limit it is possible. If its over the limit it will be much harder.
    Answer Applies to: California
    Replied: 6/17/2011
    Law Office of Michael Brodsky
    Law Office of Michael Brodsky | Michael Brodsky
    Whether you can get the case dismissed is far too complicated a question to be answered here. Quite simply, you can be convicted of a DUI under the circumstances you describe if you don't have good representation. You should seek the advice an assistance of an attorney experienced in DUI defense.
    Answer Applies to: Washington
    Replied: 6/17/2011
    The Law Office of Lewis R. Rosenblum
    The Law Office of Lewis R. Rosenblum | Lewis Rosenblum
    The only way you can get this dismissed is if your blood alcohol was less than .08 within 3 hours of your driving. I am assuming that you did not pass the chemical test or you would likely not have been arrested. The DA will review the case and if they don't think they can prove it, it is likely they will not file it in the first place. I would wait to see if the case is filed. Remember you only have 10 days to request a DMV hearing or you lose your license if you were over a .08 or a .01 if you are under 21.
    Answer Applies to: California
    Replied: 6/17/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    In order to answer your question we would need to know many more factors. What was the result of the BAC? That will be critical to the outcome of your case. Do you have any witnesses to your driving and your drinking? Was there one or two officers that saw your testing on the side of the road. What you need to do is bring in your police report to a DUI defense lawyer like our law firm and we can review it with you in detail and you can respond to it "line by line" and then we can give you a better assessment of your chances.
    Answer Applies to: California
    Replied: 6/17/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    No you need an attorney to represent you. Obviously something in your tests and driving caused the officers to arrest you. Call me if you have any questions.
    Answer Applies to: California
    Replied: 6/17/2011
    Michael R. Nack, Attorney at Law
    Michael R. Nack, Attorney at Law | Michael R. Nack
    You need to hire the very best criminal defense attorney you can afford. Watch out for all of those "attorneys" who send out solicitations to people who are on the arrest sheets. If you are within a jurisdiction where I practice I might be able to offer my services to you.
    Answer Applies to: Missouri
    Replied: 6/17/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    If the police arrested you for DUI after you passed all the field sobriety tests, there is a very strong likelihood that you failed the Breath Test. Without good legal counsel there is very little chance that the ADA (Assistant District Attorney) will now dismiss the charge. The police obviously felt that they had enough to convict you or they would not have arrested you. You should speak with an attorney and allow him to review the case. There is clearly some evidence somewhere of guilt or you would not be charged. The ADA is not going to dismiss it because you tell him/her that you think that you passed the tests. If you would like to discuss this in more detail you can reach me at (508) 752-7500 or toll free at (877) 752-7501. There is no fee for the telephone consultation. You only have one chance to get this right. Do not take this lightly. You may regret it for the rest of your life.
    Answer Applies to: Massachusetts
    Replied: 6/17/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Once arrested only the Court can dismiss the charge against you. The prosecutor is going to do everything they can to convict you. An attorney would do everything they can do to keep you form being convicted.
    Answer Applies to: Alabama
    Replied: 6/17/2011
    Law Office of Thomas A. Medford, Jr., PC
    Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
    Based on the facts you have presented I do not believe that you can get this case dismissed without additional information showing the lack of significant impairment. Once your attorney conducts discovery he or she may develop additional information that will weaken the government's case.
    Answer Applies to: District of Columbia
    Replied: 6/17/2011
    Van Ness Law Group
    Van Ness Law Group | Varinia Van Ness
    Maybe. It has to be worked. Irks it was that simple.
    Answer Applies to: Florida
    Replied: 6/17/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Ultimately the case might be dismissed but you need to hire a lawyer to represent you. Even though they did not tell you the results of the breath test, if you were charged with being intoxicated by alcohol (and not drugs) then you can guess that you blew over the legal limit. And, while you believe that you passed the field sobriety tests, I'm positive that the officers will testify that you made errors on the tests which indicated that you were intoxicated.
    Answer Applies to: Texas
    Replied: 6/17/2011
    West law Office
    West law Office | Russell West
    If your BAC is under .08 you have a good chance of getting the charge dismissed. If you passed all the tests then there may have not been probably cause to arrest you and take you in for the BAC. An attorney would need to review the police report to see what it says. You need to find out what your BAC was.
    Answer Applies to: Washington
    Replied: 6/17/2011
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    You can get your DUI dismissed but it is critical that you obtain a qualified DUI lawyer.
    Answer Applies to: Michigan
    Replied: 6/17/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Can you get the case dismissed without an attorney? Probably not. Let me be the first to tell you what the judge will tell you, you cannot pass the field sobriety because they are not tests that you can pass, they are only indications. Are you prepared to retain an attorney? No, then we don't need to waste each other's time. If you want to know what to look for in an attorney, visit FAQ at my website. Good luck.
    Answer Applies to: Georgia
    Replied: 6/17/2011
    Mercado & Hartung
    Mercado & Hartung | Stephanie Hartung
    In Washington State a person can be charged with DUI if they provide a breath test over .08 or if they are affected by alcohol. This means that even if a person blows under the legal limit they can still be charged with DUI. Driving with your lights off is a valid reason to stop you. Once the officer made contact with you he/she had to observe behaviors that supported your arrest including your appearance (ie. flushed face, watery/bloodshot eyes, odor of alcohol, slurred speech...etc.) admission of alcohol consumption and your performance on field sobriety tests. Field sobriety tests are tests that the officer administers to look for clues of intoxication. They are not pass or fail tests. Once the officer decides to arrest a person for DUI they must review the Implied Consent Warnings for breath with the defendant (warnings regarding breath test) then after ensuring certain required procedures are met they administer a breath test. If over .08 the officer will submit information to the Department of Licensing and you will face an automatic license suspension of 90 days unless you request a DOL hearing within 20 days of the date of arrest. You will want an attorney to represent you at that hearing. Additionally the officer will write a report and submit it to the applicable prosecutor's office. The prosecutor's office will issue a subpoena (order requiring you to appear in court) and that will start the criminal process. A DUI charge carries severe and harsh penalties even for a first offense. If you would like more information please feel free to give my office a call.
    Answer Applies to: Washington
    Replied: 6/17/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    If you have been arrested for a DUI you should seriously consider hiring a private attorney. A good private criminal attorney will increase your odds of getting a case dismissed or being found not guilty or having the best plea arrangement.
    Answer Applies to: Hawaii
    Replied: 6/17/2011
    Fitzpatrick, Mariano, & Santos, PC
    Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
    An experienced attorney will review your case to discover any problems with the incident. He will then use these issues to get you the best possible result.
    Answer Applies to: Connecticut
    Replied: 6/17/2011
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    Unlikely you will get the case dismissed and you don't discuss any legal reason to dismiss it. The DA won't dismiss the case just because you told the truth. If you told the officer you had a couple of drinks, them that is enough for them to believe you are intoxicated. Your best bet is to hire an attorney, have them investigate your case to see if there is any legal reason to try to have the case dismissed. Or to try and negotiate a better plea than a DUI. About the field sobriety tests. No one ever passes them. No matter how well you perform, officers tend to write that they were unsatisfactory. Also, in California, you have a 10 day window to request a DMV hearing - from arrest - before the DMV automatically suspends your license based on the arrest.
    Answer Applies to: California
    Replied: 6/17/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You need to get a lawyer. If you are asked to do 50 things and did 45 correctly, guess what will show up in the police report? That's right, the 5 things you did wrong. The fact is, there is no such thing as passing FSTs.
    Answer Applies to: California
    Replied: 6/17/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    A lot more facts are needed to make that determination. That can only charge with with DUI if your BAC is at least .08. Get a copy from the police report and test results from the arresting police agency via a Freedom of Information Act (FOIA) request. Then have an experienced DUI review them for any errors that could get the charges reduced or dismissed.
    Answer Applies to: Michigan
    Replied: 6/17/2011
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