If you have been charged with a dui offense, there are still several possibilities to get the dui charge against you dismissed. Your options however will depend on the severity of the charges and an array of other factors that are specific to your case. Your chances of winning a dismissal of your charges will depend on how many of the following options are available to you.
Is There A Diversionary Program Available?
The first thing you have to do is to find out if there is a diversionary program available in your case. You are strongly recommended not to take an aggressive position right from the very beginning. The best strategy is to start by negotiating with the prosecuting attorney. If the case is not particularly very strong against you or if it is the first time you have been charged with such an offense, the chances are that you will be able to get the dui charge dismissed through some simple negotiations. You can ensure better results if you have a lawyer on your side to do the negotiations on your behalf.
The Dui Stop Was Not Legal
If you can prove that the officers did not really followed the laws during the dui stop, it will mean the charges against you are not legal at all at the first place. An officer cannot stop just anybody who is driving a vehicle unless there are some reasonable grounds even for suspicion. The officer must have a reasonable explanation on what was it that made him/her feel that the laws were being broken or violated.
Challenge The Sufficiency Of The Field Sobriety Tests
It is important to note that field sobriety tests have not been very reliable. As per the latest report published by the Journal of Perceptual and Motor Skills, these tests have 30-40% of fail rate even if the tests are conducted on completely sober and perfectly healthy individuals. Therefore, challenging the results of the test can be a good defense while you are trying to get a dui charge dismissed.
Challenge The Result Of The Breath-Testing Equipment
Likewise, the results of the breath-testing equipment also may not be accurate, especially when only one test is conducted. In order to get “close to accurate” results, multiple tests are required. If the officer placed the charges against you on the basis of the result obtained from just one test, you can challenge it.
Know The Requirements Of Speedy Trial
As per the laws regarding speedy trials, there are certain limitations that must be followed. Though the exact provisions may vary significantly from one jurisdiction to another, the point is that you have the right to get the dui charge automatically dismissed if a trial is not conducted within the mandated time frame due to any reason.
Last, but not the least, it is very important for you to keep in mind that the court is not interested in your personal life story. Whatever arguments you present in an attempt to get the dui charge dismissed, make sure they are accurate both legally and factually. Talk to the point.