Why Do Some DUIs Get Dismissed?
Driving under the influence is a serious matter in California. With so many individuals relying on driving as a means of transportation, it is important to keep the roads safe. For those charged with a DUI, the consequences can be dire and follow you long after the incident. However, you may have heard that some DUI cases get dismissed. A DUI charge can be dropped numerous ways.
No Probable Cause for Traffic Stop
In order for the authorities to pull you over, they need probable cause for believing you are driving under the influence. If you can prove that the police officer did not have a probable cause for the stop, a judge can potentially drop the DUI charge. Usually, a police video can show whether the stop was founded or not.
When an officer believes you are driving under the influence, he or she will administer a breathalyzer test. This test consists of you breathing into a machine that estimates how much alcohol is in your system. However, like all machines, the test is not foolproof. Sometimes, if not adjusted appropriately, the breathalyzer can improperly calibrate and show your blood alcohol as being higher than it really is. If the machine was faulty and inaccurately recorded the results, you can potentially have your case dismissed.
Sometimes, police officers present a situation that inevitably makes you look guilty. For example, let us say that you were drunk and decided to sleep it off in your car until you were sober. However, a cop comes over and forces you to drive home. As soon as you do, he or she arrests you for a DUI. This situation is an example of entrapment. Because of the misleading information and requests, you can potentially have your case dismissed.
At Chung & Ignacio, Attorneys at Law, we understand that officers can make mistakes. If you believe you have been wrongfully charged with a DUI, contact our DUI defense attorneys in Rancho Cucamonga.