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Can DUI charges be dismissed?

On Behalf of | Mar 6, 2023 | Dui Defense

A moment’s bad judgment can lead to serious consequences when it comes to driving under the influence. And the consequences of a DUI in Ohio can be severe, from fines and prison time to losing your license to issues with your job.

If you find yourself facing a DUI charge, you’re probably wondering if there’s any possible way to get it dismissed. While the court’s ruling depends on the circumstances, there are a number of reasons why the court might dismiss a DUI charge.

Ways to get a DUI dismissed

In any criminal case, the burden of proof rests on the prosecution to prove that the defendant is guilty of a crime. In a DUI case, the police and prosecution will gather evidence to support their charge.

There may have been errors in the method that the police used to determine whether the driver is intoxicated. The most common methods include a field sobriety test, the breathalyzer test or chemical tests like a blood or urine test.

Sometimes, the person administering the test may not have received the proper training or may not have followed the established procedure. The equipment in use may have been defective or faulty. And there may have been lapses in the chain of custody. All are potential reasons to question that evidence. It’s also possible that the traffic stop itself was improper if the police didn’t have probable cause to make the stop in the first place.

Not all DUI cases are the same

Every DUI case is different, and not every case can be dismissed. In some cases, the chain of evidence is tight and will stand up to any level of scrutiny. And in those situations, a plea deal may be appropriate.

If you find yourself dealing with a DUI charge, it’s crucial to weigh your options and get a solid understanding of what your best options are. It’s certainly possible to have the charges dismissed, depending on the circumstances.