Yes, it is possible to win a DUI case in California. Some reliable defenses that can help beat a DUI in CA include:
- A strong legal technicality defense
- Proof that there is reasonable doubt
- Claiming that the traffic stop was unreasonable
- Checking for false sobriety tests
- Proving that the breath test procedure was violated
- Showing suppressed blood tests
Some studies suggest that 20–30% of DUI cases may be dismissed or result in an acquittal.
Other ways to get a DUI charge dismissed in California include:
- Completing probation
- Following all requirements
- Accepting a plea bargain
A skilled lawyer may be able to bargain a misdemeanor DUI into a California Vehicle Code 23109 offense. A guilty plea to this offense can technically include jail time and fines, but most first-time offenders will likely only have probation and lowered fines.
Best Opportunities for How to Get a DUI Dismissed in California
It is very possible to have a DUI dismissed in California today, and a strategic defense attorney can play a pivotal role with increasing the case chances of success.
Law enforcement procedures are not infallible, and errors in evidence collection can provide avenues for a DUI case dismissal. Understanding your rights and how to challenge the evidence against you is crucial in securing a favorable outcome.
In California, the suppression of evidence is a potent winning defense strategy to beat DUI charges from alcohol or drugs, and even a refusal offense.
Courts will suppress evidence when there are violations of your rights or procedural errors that compromise the reliability of the evidence. This could include issues such as improper traffic stops, flaws in breathalyzer maintenance, deficiencies in warrants, or mishandling of blood tests.
Police officer errors offer the greatest opportunities to challenge and dismiss a DUI charge, and are also the most common reasons why a case will end up getting thrown out of court. Here are key areas where police mistakes are commonly made:
Probable Cause and Traffic Stops
Police must have a valid reason, supported by law, to pull you over. This means an officer will need a clear, and legally proper, reason to make the traffic stop of your vehicle.
Unjustified stops without probable cause violate your constitutional rights. If there was no observable violation and no signs of impairment, challenging the stop will be a viable strategy to get charges thrown out.
BAC Accuracy Errors
Breathalyzers and blood tests are not foolproof. Issues like machine malfunction, user error, or medical conditions can lead to unreliable results. If there is evidence of test inaccuracies, it can be used to challenge the validity of the results and suppress BAC evidence.
Failure to Follow Protocols
Police are bound by specific protocols during DUI stops, investigations, and arrests. Any deviation from these protocols can be grounds for dismissal. An experienced attorney can identify instances where proper procedures were not followed.
Inconsistent Video Evidence
Video evidence can be a powerful tool. If your BAC was allegedly over the limit but the video shows no signs of impairment, it raises questions about the validity of the arrest. Inconsistencies can be used to your advantage.
These examples illustrate potential mistakes that law enforcement officers may make during a DUI arrest in California. A skilled DUI attorney can meticulously review your case to identify errors that may contribute to a dismissal.
With FightDUICharges Affordable Lawyers, We’re Here to Help
The experienced DUI attorneys at FightDUICharges, are top affordable local DUI lawyers in California, and well-versed at finding the best ways for how to get a DUI dismissed in every county of the state.
Whether you’re trying to get your first DUI in California dismissed or you’ve had previous DUI convictions, we have the first hand expertise needed to explore every legal avenue to help you get the best outcome in your case.
Some individuals worry about the cost of being able to afford a good lawyer, but should never wait getting free legal advice for strategies to get a DUI dismissed, since budget-friendly legal aid can often help when a person is struggling financially.
Local economical lawyers in California can provide DUI defenses that work to get charges thrown out of court in many cases, when charges are fought early on before consequences go into effect.
So, please contact us today to discuss your situation as soon as possible so that we can prepare the best defense tailored to you.
Service Area Where You Can Find Top Affordable DUI Attorney Offices
FightDUICharges attorneys for DUI defense is a trusted and proven California lawyer organization that relentlessly defends clients’ constitutional rights.
As former California prosecutors turned nationally accredited affordable DUl defense lawyers, our preeminent attorneys have the inside knowledge and first hand expertise to get the best possible case outcome for every client, regardless of their financial circumstances or background.
Current 2024 DUI California CA DMV, Law Resources:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=53150
https://www.dmv.ca.gov/portal/dmv/detail/dl/driversafety/dsalcohol
https://www.courts.ca.gov/5980.htm
Today is the tenth day after my DUI arrest. I have purchased supplementary insurance and enrolled in a DUI class in hoping I can avoid a suspended license in time. What else should I do so the DMV does not suspend my license?
I’ve been searching for solid legal info on this topic for what feels like ages. Yours is by far the best with instantly cutting to the chase in how I can challenge my arrest info and blood draw reading without having to pay anything, or deal with lawyer sales pitches either since it’s free. The new California DUI laws are so unfair, because the system truly is set up as if you are guilty until proven innocent. There’s no other reason why the state would force someone to pay fees on the offense and have a license suspended before they are even convicted in court. At least with the help I received today after talking to you, I feel so much more confident now that the defense you found will exonerate my DUI charges at my hearing.
Thank you for the help earlier. So far my attorney thinks I could get my BAC results excluded from evidence based on the police report after he reviewed it. From part of the legal excerpt he messaged me back, he said the charge under Vehicle Code 23152(b) driving with a BAC of at least 0.08% must be dismissed under what that California law currently says happens for a DUI charge.