After a DUI arrest, your biggest concern is likely what the outcome of your case will be. Each case involves unique factors and challenges, but let’s discuss some of the most common ways and reasons that DUI charges are reduced or dismissed.
The traffic stop is the very first part of nearly every DUI arrest. This is when the officer pulls over a driver to begin investigating the situation. However, the police cannot pull over any driver for any reason.
The police must have a valid reason to stop a driver. Some of which include:
- Equipment violations: This is a common reason for police stops. Equipment violations include things like tail lights being out, headlights being off or broken, illegal window tints, etc.
- Ignoring stoplights: Drivers may roll or run through stop signs or stop lights, giving the police a reason to stop them.
- Speeding: Another common reason why drivers are stopped is for traveling above the posted speed limit.
- Cellphone use: Georgia’s Hands-Free law requires that drivers do not have their phone in their hand while driving.
- Dangerous driving behavior: Swerving, tailgating, excessive braking, and other unsafe driving manuevers give reason for the police to make a traffic stop.
Additionally, the police are not required to tell the driver why they stopped them. This makes it complicated for the driver to understand if there is a valid reason for the stop. In some cases, the police may ask the driver why they think they were pulled over, in order to get the driver to admit to wrongdoing. If you are asked this question, do not provide an answer.
If it is later discovered that the police did not have a valid reason to stop the driver, it may be deemed an illegal stop. This often results in the case being dismissed.
Issues With The Evidence
The evidence collected during a DUI stop may be inaccurate or unreliable.
Breath test evidence is usually viewed as highly accurate, but did you know there are numerous reasons why a measured BAC score could be incorrect?
Some reasons for this include:
- Medical conditions
- Residual mouth alcohol
- Acid reflux
- Inadequate device maintenance
- Uncalibrated device
- Improper use of the device or administration of the test
All factors should be considered when challenging breath test results.
Additionally, field sobriety test evidence can be challenged. While drivers should never take field sobriety tests, some people are unaware that they have the right to refuse. They may take these tests, make small errors, fail, and be charged with DUI. However, these tests are highly contested among legal and law enforcement professionals. There have been numerous concerns about the reliability of these tests that can be brought up in your defense.
No Probable Cause
While perhaps the police officer had a valid reason to stop the driver, it can be argued that they did not have probable cause to make an arrest. Probable cause is always required for the police to arrest a citizen. Probable cause is established by reasonable belief through the evidence to assume the individual has committed a crime.
Therefore, if the stop does not provide strong evidence that the driver was under the influence, the courts may rule there was no probable cause for the officer to make an arrest.
You may also succeed at having your charge reduced or case dismissed if:
- The DUI did not cause anyone to be injured or killed
- There was no DUI accident
- It was your first DUI arrest
- It was your first criminal offense
- You were cooperative
- You accept a plea bargain
Savannah, Georgia DUI Defense Attorneys
Working with an attorney is another factor that can significantly increase the chances of your DUI being reduced or dismissed. If you were charged with DUI in the Savannah area, our team at Schneider Lerch, LLC wants to help you win your case. Call us today to get started on your defense with the best: (912) 417-5008.