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How to Get
DUI Charges Dropped

From license suspension to difficulty finding work, DUI charges have dire consequences for truckers.

What a DUI Conviction Means For Your Trucking Career

A Driving Under the Influence (DUI) conviction can have serious consequences for a trucker’s career in the United States. The impact of a DUI charge on a trucking career is significant due to the safety-sensitive nature of the profession. For one, a DUI conviction often leads to the disqualification of a Commercial Driver’s License (CDL). Federal regulations prohibit individuals with a DUI conviction from holding a CDL for a certain period.


What Percentage of DUI Cases Get Dismissed?

DUI cases involve complex legal processes, and outcomes can be influenced by various factors. In general, only a low percentage of DUI cases get dismissed. The percentage of DUI charges dismissed can vary based on several factors, including jurisdiction, the strength of the evidence, legal strategies employed, and individual circumstances. Working with an experienced attorney will help you determine the likelihood of your DUI case getting dropped.


What are the Odds of Getting a DUI Dropped?

DUI dismissals differ across states. Overall, the general rate of DUI dismissals in the United States appears to fall between 10 to 20 percent. Many states have stringent DUI laws, and law enforcement officers are equally vigilant in their enforcement. The relatively low overall dismissal rate is meant as a deterrent for potential drunk drivers and repeat offenders, discouraging them from returning to the roads under the influence.

The chances of a DUI dismissal are notably slim, although there are situations where the dismissal of a DUI is possible. In most instances, the most realistic approach would be to get legal representation and have a defense attorney ask for reduced fines and penalties, instead of seeking complete dismissal.

How Do You Beat a DUI Case?

A skilled attorney can explore potential legal defenses based on the specific circumstances of the case.

skilled attorney exploring potential legal defenses

Illegal Stop

If a police officer pulled you over and conducted an illegal stop, any subsequent DUI charges resulting from the stop can become invalid. This is because law enforcement officers must have a valid reason for pulling over a driver. If no justifiable reason exists, the stop is deemed illegal. Another factor leading to a potential DUI dismissal is an improperly conducted field sobriety test.

The Police Officer Called a Tow Truck Before they Stopped Your Car

If the police officer called a tow truck before stopping your car and this action is later challenged, it could potentially lead to the dismissal of a DUI charge. If the police actions, including calling a tow truck, violated your constitutional rights, it could be a basis for challenging the evidence obtained during the stop. This could lead to a motion to suppress evidence, and if successful, the DUI charge may be dismissed.

Lack Of Consistent Witness Testimony

A lack of consistent witness testimony, particularly in DUI cases, can potentially be a factor that defense attorneys use to challenge the prosecution’s case. If the witnesses, such as police officers or other individuals involved, provide conflicting or contradictory statements about the events leading up to the DUI arrest, the defense may use these inconsistencies to cast doubt on the reliability of the evidence.

The Police Failed to Perform Field Sobriety Tests

A poorly conducted field sobriety test is another ground for seeking a DUI dismissal. If the test is administered inadequately, dismissal may be pursued, whether due to unreliable test results or failure to meet police standards.

Moreover, field sobriety tests are often subjective, and different witnesses may interpret the results differently. If there are inconsistencies in how various witnesses describe the defendant’s performance on these tests, a DUI lawyer may challenge the validity of the tests and the reliability of the testimony.

Insufficient Chemical Test Evidence

If the chemical testing method used (e.g., breathalyzer or blood test) is known to have accuracy or reliability issues, the defense attorney may challenge the validity of the results. Inconsistencies or errors in the testing process could undermine the credibility of the evidence.

Faulty Breathalyzer or Blood Test Results

Breathalyzers and blood testing equipment require regular calibration to ensure accurate results. If there are concerns about the calibration of the testing device or if it was not properly maintained, the defense may argue that the results are unreliable.

Moreover, mechanical failures or malfunctions can occur in the breathalyzer test or blood testing equipment. If a skilled defense attorney can demonstrate that the equipment was faulty or not functioning properly at the time of testing, it could raise doubts about the accuracy of the results.

Lastly, the individuals administering the breathalyzer or blood test must be properly trained, and they must follow established procedures. If there is evidence of operator error, such as improper administration of the test, failure to observe the waiting period or other procedural mistakes, the defense may challenge the validity of the results.

Reasonable Suspicion

For a traffic stop to be lawful, the police generally need to have reasonable suspicion or probable cause that a crime or violation has occurred. Suppose the officer lacked reasonable suspicion and made the decision to call a tow truck without sufficient grounds. In that case, it might be argued that there was no valid reason for the stop, casting doubt on the legality of the arrest.

Lack of Probable Cause

Law enforcement officers must have a valid reason, known as probable cause, to initiate a traffic stop. If there is insufficient evidence to support the claim that there was a legitimate reason for the stop, the defense may argue that the stop was unlawful. If the court agrees, any evidence obtained after the illegal stop may be deemed inadmissible, possibly leading to dismissal.

The Police Lost or Destroyed the Dash Cam or Body Cam Evidence

The loss or destruction of dash cam or body cam evidence by the police can potentially impact a DUI case, and in certain situations, a skilled attorney may get a DUI charge dropped. The loss or destruction of evidence by law enforcement is known as spoliation. If it can be established that the police intentionally or negligently lost or destroyed dash cam or body cam footage relevant to the DUI case, it may raise concerns about the fairness of the legal process.

law enforcement officer

Violation of Constitutional Rights

Drivers need to be aware of their constitutional rights. If a DUI case involves a violation of those rights, the possibility of dismissal exists. Officers are required to adhere to regulations during arrests, and if they neglect to do so, the charges may need to be dismissed.

You Were Legally Justified to Drive Under the Influence

It is important to clarify that driving under the influence (DUI) generally involves operating a vehicle with a blood alcohol concentration (BAC) above the legal limit, regardless of whether the driver believes they were “legally justified” to drive under the influence. In most jurisdictions, being under the influence of alcohol or drugs above the legal limit is considered an offense.

However, there are instances where individuals may assert legal justifications as a defense against a DUI arrest. Some individuals may argue that they had a medical condition or an urgent medical necessity that required them to drive under the influence. For example, if a medical emergency arises and there is no alternative transportation available, a driver may claim they had no choice but to operate the vehicle.

A defense of involuntary intoxication involves claiming that the driver consumed alcohol or drugs without their knowledge or against their will. This defense requires demonstrating that the driver did not voluntarily become intoxicated.

Insufficient Evidence

The prosecution must present sufficient evidence that the driver was impaired at the time of driving. If there is insufficient evidence to link the driver’s impairment to the time of driving, it may weaken the case. Factors such as delays between driving and testing can be raised as potential issues.

Video footage from dashcams, body cameras, or surveillance cameras can be important evidence. If the video evidence contradicts the narrative presented by the prosecution or if there are gaps in the footage, the defense may use this to challenge the sufficiency of the evidence.

Why Work with an Experienced DUI Attorney?

Attempting to get a DUI case dropped is a decision that should be made in consultation with legal counsel. Navigating the legal system can be complex, and an attorney can guide the truck driver through court procedures, deadlines, and required filings. This ensures that the individual’s rights are protected and that legal processes are followed appropriately.

Depending on the circumstances, an attorney may explore alternative resolutions, such as diversion programs or rehabilitation, which could be favorable in certain DUI cases. If a conviction occurs, an attorney can explore options for appeal if there are legal grounds to challenge the decision.

Get Peace of Mind on the Road

CTI provides access to some of the most competitive rates and deals in commercial trucking insurance. Get a truck insurance quote from our TRS-certified agents today. We are dedicated to helping you find policies that match your business requirements. With comprehensive coverage and ongoing support, commercial trucking can be a more fulfilling experience.