What are the chances that I could get this DUI dismissed? 53 Answers as of February 06, 2012

The facts will play heavily in any attempt to dismiss. Plus, it will be a key fact to know whether it is a first DUI or second, etc. Also, the locality of the court charging you will round out the facts to determine the possibility of dismissal.

You have asked your chances of having your case dismissed. I can't really answer that question without reviewing the police reports, interviewing the officers, seeing the lab results and verifying that the lab did the testing properly. A defense takes much effort. Your questions does not contain any information from which I can even give you a guesstimate. The traffic stop is meaningless in the long run. Most police agencies do not have the officers file the moving violation for fear of double jeopardy blocking a DUI prosecution. I do understand what you mean by "initial charges." I can only guess the charges were dropped as the State was awaiting the lab results for a blood draw. You should consider retaining counsel to best represent you in this matter.

The answer to your question is unclear based on the limited facts you've provided. You stated that initial charges were dropped. Not sure what you mean by that. If DA actually filed charges, then dismissed, then as a misdemeanor they can't refile charges. Otherwise, if charges are filed by the DA's Office what the options are will be dependent on factors such as your blood alcohol level (or evidence of drug use), etc.

Reduced, good. Dismissed, nil. Prosecutors don't have much leeway on alcohol related driving offenses, so it is deal or try the case.

You have provided no information of what evidence the prosecution has against you, for this offense, so it is quite impossible to determine if the case would be dismissed. However, if you think the DUI will be dismissed only because the merging offense has been dismissed by the prosecution, I would certainly say that your chance for dismissal based on that alone is extremely remote. Perhaps you should hire an attorney to look further into this serious charge, and he can determine what is the best way of disposing of it for you do not try and resolve it on your own.

That depends a lot on the prosecutor. It also depends on whether you were charged with what Georgia calls DUI per se (.08 or higher BAC) or "less safe" DUI (no particular BAC required). Your best bet is to hire an attorney and see if he can work out a deal with the prosecutor where you won't have to plead guilty to either kind of DUI.

It is not possible to give you an answer that is accurate at all without knowing a lot more about your case. You need to consult with an attorney who focuses on DUI cases. Anyone who promises you anything else is lying to you.

You will either be convicted of DWI or Impaired Driving depending on a number of factors such as the breath test, the officer's testimony, your behavior, your driving, your prior record, and the Court that you are in. Retain a good criminal lawyer to try to get the violation as opposed to a DWI.

It sounds like you're thinking that if the charge for the reason supporting the stop got dropped, then there must not have been probable cause for the stop, making it an illegal stop. Then the prosecution would fail. But, not so fast! Just because the traffic infraction was dropped doesn't necessarily mean that the stop was illegal. You actions could still have given a basis for the stop. Talk to your lawyer about this. Just because you're not charged doesn't mean that you didn't do it.

Nothing in your question supports a dismissal of the charges. Each county has different guidelines regarding DWI cases and what facts must be present in order to reduce the charge. In order for any attorney to answer this question in a meaningful fashion, we would need to know what your Blood Alcohol Content Reading was; what county this took place in, what your driving record looks like and whether you have been arrested prior to this occasion for dwi or any other crimes and what the result of those cases were.

These cases depend much on the BAC results - some counties do not plea down refusals. Not sure about your case, if there are no priors, you should be made a DWAI offer. Not sure if that is what you mean by reduced. If the police could not stop you legally, then all evidence found after the stop should be suppressed and the case dismissed. You should talk with a DUI attorney that has reviewed the police reports.

That really depends on what the facts of the DUI charge. If you had a lot of alcohol in your system, your chances are much lower. If you had very little alcohol and did well on the field sobriety tests, you had a greater chance. Talk to your attorney or the prosecutor if you do not. You have the right to see the evidence against you.

People are routinely stopped for alleged traffic infractions which then leads to a charge of DUI. And then the state proceeds on the DUI charge and the traffic infraction is not pursued.

It's impossible to estimate odds, but here are some general guidelines. One avenue of attack is to question the traffic stop itself. Did you actually fail to stop? If no, you might be able to challenge the seizure of the evidence (observation by the officer, breath test, blood test, etc.) Even if the stop itself was legal, there are many other avenues such as questioning the validity of the breath test machine, the validity of the results, etc. You should consult with an attorney who can give you more specific advice based on the details of your case.

Even though the offenses leading to the DUI arrest were dismissed you may still be convicted of DUI.

Based on those facts your chances are good. If the officer had no legal authority to stop the vehicle any evidence regarding the DWI would be suppressed.

It is unlikely that a court will dismiss an OUI because the civil motor vehicle infraction associated with the incident was dismissed. Ifthere was no basis to stop the car; in other words no valid civil infraction, then you could move to suppress the stop. If the stop is suppressed then no evidence obtained by the police as a result of the stopcan be used against you at trial. I recently handled an OUI case were thestop was suppressed by the court when a police officer stopped a carbecause theplastic shell of the bumper was missing. The defendant was cited for a defective bumper and OUI. Because there is no civil motor vehicle infraction regarding shells of bumpers, the stop was illegal and everything obtained from the stop, including observationsof drunk driving was suppressed.

If the initial charges were dropped, then what's the reasonable suspicion or probable cause for the arrest. You need a skilled DWI attorney in your area. Unfortunately, dismissals rely on lots of evidence, so I can't just blindly tell you what your chances are.

If that is your only basis for a dismissal, then there is almost no chance. The legal issue is whether or not the officer had sufficient legal cause for making the initial stop regardless of whether they pursued that charge or not.

The issue is did the officer have probable cause to stop you? It appears he did not. The dismissal of the ticket does not give you a definitive answer but the "odds" are you have a shot at a "Motion to Suppress" the stop and evidence obtained based on an illegal stop.

It's difficult to answer your question because there aren't enough facts presented. The basis of the stop does seem, based on how you present it, to be improper. However, I don't know where you were merging to/from and whether there was a stop sign, etc. However, if the initial basis of the stop is improper, then a good attorney can move to suppress the stop and all evidence gathered as a result of the illegal stop by a 1538.5 motion.

Unlikely if you were driving with a Blood Alcohol level of .08% or higher because it sounds like they had probable cause to pull you over. If your B.A.C. level was .07-.09 % you may be able to settle the case for a wet and reckless which is less expensive than a regular DUI

It is impossible to place numerical odds on the likelihood that you can successfully defend a charge of DWI. There are any number of variables to consider such as what evidence does the State have to establish intoxication other than blood or breath tests, what your alleged blood alcohol concentration is, and who the prosecutor and judge will be. However, to have the best chance to successfully defend the charge, you will need an attorney who is well versed in DWI defense.

It depends on the facts of the case. Did you blow into the breathalyzer? Have you had a prior DUI? How do the police reports describe your driving and field tests? An experienced DUI attorney can review these issues and answer your question. Please understand that answering this doesn't create an attorney/client relationship between us, and as hard as I try to answer your question well, it isn't legal advice. No matter how much information you put into a question, the answers you are going to get are still going to be vague. It is in your interest to contact a lawyer, most of whom will do a free consultation. Even 15 minutes with a lawyer is going to produce a more specific answer to your problem.

You can make the arresting officer establish that he/she had a reasonable and articulable basis for making the stop. It is not, however, necessary for the officer to charge the conduct which originally attracted his attention. Your success at having the matter dismissed would depend upon the testimony of the officer relative to his reason(s) for stopping your vehicle.

That is not a question that can be answered so simply by any stretch of the imagination. A DWI charge is a difficult charge to defend but a experienced lawyer will be able to acertain your potential to defend or mitigate the case.

It all depends on what your BAC level was, and what your driving record is like.

DUI's in Illinois are rarely dropped outright. This is the general rule. In your case it is not easy to say unless I have an opportunity to talk to you about it. Most counties have State's Attorney's that would rather go to trial land lose than dismiss a case.

With the info that you provided it is difficult to say. If the police did not have probable cause to stop you then the charge would have to be dismissed. However, just because the original traffic violation was dismissed does not mean that they didn't have probable cause. I would need a closer look at your case. Of course there may be some other way to challenge your DUI charge than just the validity of the traffic stop.

Thank you for your inquiry Based on your information provided, there is not enough information. Did you take a breathalyzer? Were field sobriety tests preformed? What other evidence of intoxication is there? By hiring an attorney to review the answers to these questions, a better prediction can be made concerning reduction of the charges. In a number of cases, I have been successful in getting cases to non-drinking offenses. In others, there is not such possibility.

Normally the only reason D.A.s don't file DUIs is a low blood alcohol. If the chemical test was low it won't be filed. If it was over .08, it will.

No attorney can give you odds or tell you your chances. I thorough investigation would need to be done in addition to researching the law and drafting motions. Winning a motion like that depends on many more things than just the facts. You must also consider what court you are in and the judge.

Was there a stop sign that you went through, or just a yield sign (or no sign at all)? I need clarity on the driving itself, but your case.may be ripe for a 1538 hearing.

Unfortunately, all but zero. DA's do not dismiss, reduce, or plea bargain DUIIs without there being something seriously wrong with their case. Just because the underlying citation was dismissed is, most likely, not indicative of anything. If you have not already had your first appearance on the DUII, there is a small chance that when you appear for that it will be no-complainted, ie, the DA's decide not to proceed on your case at this time. Barring that, you will not be able to get the case dismissed unless the officer did something very wrong in how or why s/he stopped you, or, what s/he did after the stop.

The fact that the initial reason for the stop was not charged does not invalidate the DWI ticket. For a case to properly evaluated, all evidence must be reviewed including police reports, audio and squad car videos, testing data and testing procedure. There is insufficient information in your inquiry to make any reasonable assessment.

With the help of an experienced attorney you may be successful with suppressing much of the evidence. Although every case is complicated, and I am unable to give you specific legal advice, under Oregon law, any evidence of an unlawful stop should be suppressed as an unlawful search/seizure. This means that if the officer did not have Probable Cause of a traffic infraction, or Reasonable Suspicion of a crime that stop may have violated your rights, and thus grounds for suppression.

Your odds are dependent on the evidence that the State has to pursue the charges. The evidence can be composed of police observation, police contact with you, the field sobriety tests that you may or may not have performed, a breathalyzer test and other potential evidence.

As you probably know, it is very difficult to make a prediction about dismissal based on so few facts. However, based on what I have read, it appears that there may be grounds to suppress the evidence in your case (meaning that the state could not use any of the evidence they've gathered against you at trial). If you were to prevail on such a request, your chances of a dismissal will greatly improve. Oregon law does not allow for plea bargains on DUII charges, so it is unlikely that a reduced charge would be offered, and this is why it is so imperative that you hire an experienced DUII attorney to guide you through the process on the pending DUII charge.

It is virtually impossible to guess at your "odds" with so little information. You need to hire a lawyer in your jurisdiction and do so ASAP. The lawyer will get discovery, copy of the video (dash cam) talk to the DA and then and only then can a lawyer advise if there is any chance of the case being dismissed.

It is possible to have a DUI dismissed, but a lot depends on the circumstance of the crime and the reason for the contact. If the initial charges were dropped, how do they get refilled or new charges added?

The chances of getting any DWI dismissed are slim to none. The chances of getting a reduction are better, depending upon whether there was a reading on the DWI or not and the level of blood alcohol present.Ifthere was a refusal to take the test, then that's another aspect that should be kept in mind as well.It's not likely that the DA's office will volutarily reduce a refusal case and if the reading is over .12 they won't reduce either. Since these things can be sofact specific, it's best toschedule a consultation with an experienced attorney before trying to figure outyour own case. These can be very difficult cases at times and it's best to hire an attorney as early in the process as possible.

You need to contact a DUI specialist fast, because you have only 10 days to save your license. Without knowing more about your case, it is difficult to say. The specific court matters a lot, so does your BAC, your record, among other things...etc. That's why we give each of our clients a long 70-page questionnaire designed for the lawyer to become familiar with your case.