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DUI Dismissed Stories

Many people find themselves with a DUI at some point in their lives. Sometimes the best choice is to work out a plea deal with the prosecutor, but at other times it may be best to actually fight the charge and find yourself with a not guilty. Depending on the state you were charged in, that could also result in an expungement from your record. There can be several reasons that someone can be charged with a DUI, but potentially have the case dismissed or be found not guilty. Factors such as age, medications, health conditions, and more can create situations that appear as though an individual is under the influence. 

Health Conditions

Betty was in a car accident that was rather severe. Her car slammed into a tree, though she thankfully wasn’t injured other than being shaken up. Because she was shaken up, she appeared as though she may be under the influence – and subsequently failed a field sobriety test. She declined to take a blood test because she was concerned about the cost of going to the hospital to do so. Additionally, after years of chronic smoking, Betty’s COPD caused her to fail the breath test as well. She was charged at the time with a DUI because she failed both the field sobriety test and the breathalyzer. Betty’s attorney was able to convince the court that she was not under the influence and got her DUI dismissed

Lack of Evidence

Jonathan was stopped one night after hanging out with his friends in college. He had been the designated driver for his friends’ bar crawl and unbeknownst to him, an open beer bottle was left in his backseat. Because his friends had smelled so heavily of alcohol, the police officers believed they smelled alcohol on Jonathan’s breath and were further concerned after finding the open bottle in his car. Afraid, Jonathan refused to take a field sobriety test and was arrested. His attorney was able to get the case dismissed after reviewing the case with the prosecutor. 

Not Actually Driving the Vehicle

Jerrico had been at a party and had a few beers while he was there. As he was leaving, he decided he shouldn’t drive yet and sat in his car to sober up first. He fell asleep, sitting behind the wheel, and after a time was awakened by officers knocking on the window. Jerrico was arrested for DUI at that time although he wasn’t actually driving at the time. After reviewing the facts, his attorney was able to get the case dismissed as Jerrico hadn’t been driving the vehicle at all. 

Out of Jurisdiction

When sprawling cities and suburbs run into one another, it can be difficult to distinguish exactly where one jurisdiction ends and another one begins. Mariah was pulled over for making a right turn on red at a corner that wasn’t allowed. She was then arrested for a DUI. When her attorney reviewed the facts of her case, he discovered that the police officer was outside of his jurisdiction when he arrested Mariah. Her attorney produced these facts to the judge and it was dismissed. 

There are many reasons why DUI cases can be dismissed and the prior stories were just a few examples. Obviously, there’s no substitute for professional advice from legal counsel. After all, attorneys spend many years in college and continuing education to be knowledgeable about the law and the best way to proceed with your case. However, knowing a little about why cases may get dismissed can help you keep an eye out for things that might be good information to pass on to your attorney!

FERNANDA EZQUERRO

FERNANDA EZQUERRO

A graduate of the Thomas Jefferson School of Law and practicing since 2014, attorney Fernanda Ezquerro is fully dedicated to her career, specializing in criminal defense and immigration.

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