Can A DUI Charge Be Dropped?

in Drunk Driving, on

Motorists who are arrested on charges of driving while under the influence of alcohol can find themselves facing a list of serious consequences, many of which carry long-lasting effects. High fines, jail time, license suspension or revocation, mandatory use of ignition interlock devices (an especially complicated law in North Carolina) and more — the penalties for a conviction related to DUI, DWI or other similar charges can impact drivers greatly. The need for a good defense when charged with these offenses is therefore quite important.

According to the website TheLawDictionary.org, it is possible for DUI charges to be dismissed. The reasons for this action include, for example:

  • Too much time has passed between the arrest and the initial court date
  • The arresting officer lacks a probable cause to stop the driver
  • The arresting officer fails to communicate the Miranda rights at the time of the arrest
  • The arresting officer fails to appear in court.

Additionally, issues related to the testing that is used to determine intoxication can also bring charges into question and lead to a dismissal. Results from the field sobriety test, breath test or blood test can all be lead to dismissal or no conviction.

Conviction and dismissal rates can vary greatly from state to state. In September 2014, WNCN reported that approximately 21 percent of DWIs are dismissed, although Wake, Durham and Orange counties report lower rates. The police are not infallible. The tests are not perfect. Make sure you have an experienced criminal law attorney with you if you are charged with an alcohol-related driving violation.

Source: The Law Dictionary, “What percentage of DUI cases get dismissed or dropped?” James Hirby, accessed April 10, 2015