Anthony M. Salerno

Attorney At Law

A Live Person Answering Your Calls 24/7
Instant Access: Save Our Number

Anthony M. Salerno

Attorney At Law

Can a DUI be dismissed?

On Behalf of | Feb 9, 2020 | Drunk Driving

Driving under the influence of drugs and/or alcohol is a serious offense. However, there are ways to avoid facing any fines, jail time, community service, etc. Getting your case dismissed before a trial is one way. 

Many drivers charged with a DUI try to get their case dismissed before going to court. This is a painless way to escape the punishments associated with this crime. Here are a few ways to dismiss DUI cases. 

Improper grounds for a stop 

An officer must have a reason to pull you over in the first place, such as swerving, speeding or breaking any traffic laws. Grounds for dismissal may exist if your defense team can prove that you were not guilty of what the officer claims is the reason that he or she pulled you over. This is often done by accessing video footage from red-light cameras, police car cameras or the driver’s personal cameras. 

Improper sobriety test 

An officer must perform a specific set of tests before concluding that you are driving under the influence of drugs or alcohol. He or she may ask that you breathe into a breathalyzer to determine your blood alcohol concentration, though you can deny this test. The officer will put you through three physical examinations if you refuse to a breathalyzer: the horizontal gaze nystagmus, walk and turn, and one-leg stand. These tests involve specific protocol, so any deviation from the procedure can lead to the dismissal of your DUI. 

Not knowing your rights 

The arresting officer must notify you of your rights after he or she has put you in handcuffs. You must know about your right to speak to your attorney, if you have one, or an attorney provided by the state. A judge may dismiss a DUI case if the defendant did not receive proper information regarding his or her rights are.