If you have been arrested for driving under the influence (DUI), you are probably asking, “How can you get a DUI dismissed in California?” This is a good question, because dismissal can help you avoid the harsh penalties that California DUI laws require, while avoiding the negative impacts of a conviction on future job or housing opportunities.
Dismissal is not possible in all cases. Additionally, the process is different if you are in a criminal trial where you are defending against charges, or if you are seeking post-conviction dismissal.
Common Reasons for a DUI to Be Dismissed
In 2021, there were 110,017 DUI arrests, but not all of these arrests resulted in a conviction. To secure a conviction, prosecutors must be able to prove every element of the offense beyond a reasonable doubt. In a DUI case, this means proving that you were driving and that you were either impaired by alcohol or drugs or had a blood alcohol concentration over the legal limit, which is 0.08% for most drivers.
Prosecutors often do not have enough evidence to meet this burden of proof, which can lead to case dismissal. Several legal and factual issues that can increase the chances of a dismissal include:
- An illegal traffic stop, which can occur if an officer did not have probable cause to conduct a traffic stop
- Unreliable chemical test results, such as if test samples were mishandled or a testing device was not properly maintained or calibrated
- Constitutional violations during the traffic stop, arrest, or investigation
The prosecution may not have enough evidence, even without you needing to target specific pieces of evidence, or you can identify weaknesses or errors in their evidence. If you hire a DUI lawyer, they can evaluate your case and identify whether there are any flaws in the prosecution’s evidence. They can then develop a defense strategy centered around these weaknesses.
How Post-Conviction Dismissal Works in California
California allows individuals convicted of a DUI to pursue post-conviction dismissal, which involves changing a criminal record from guilty to a not guilty plea and then dismissing the charges. About one in three people in the United States has a criminal record. In California, having charges dismissed can provide greater housing, education, and employment opportunities.
There are eligibility requirements that must be met to achieve dismissal. They vary depending on whether you have a misdemeanor or felony DUI case, but typically involve completing your sentence and all other penalties, completing a waiting period, and not having any active or pending charges against you.
If you are eligible, you can file a petition with the court requesting that your conviction be dismissed. A judge can review your case and decide whether to grant dismissal or not.
Hire a DUI lawyer from Kolacia Law Firm
Kolacia Law Firm is dedicated to criminal defense and post-conviction relief, and has more than 20 years of legal experience in San Bernardino County’s court system. Our team frequently helps clients dismiss cases by avoiding criminal charges altogether or dismissing charges after a conviction.
Contact us today to speak with an experienced DUI attorney who can explain your options for dismissal.
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