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Can a DUI Be Dismissed?

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Concerned about a DUI on your permanent record? Any criminal charge here in Denver could be dismissed, depending on the facts and the effectiveness of your defense lawyer. Just because you’re arrested doesn’t mean you’ll be convicted. Drivers make mistakes, and sometimes they drive while intoxicated. Police and prosecutors also make mistakes, so charges may be dismissed, and the accused can return to their lives.  

A critical part of our job is investigating what happened, why, and how. We look at what you did and didn’t do, and how the police acted and why. These investigations come up with evidence establishing why charges should be dismissed. There are many reasons why a DUI charge could be dismissed. 

1. Plea Bargain Agreement 

Few criminal charges are resolved through a trial. Many more conclude with a plea bargain agreement between the defendant and prosecution subject to the judge’s approval. A DUI may be one of several charges you face, depending on the circumstances. The DUI charge might be dismissed in exchange for pleading guilty to a lesser charge (like reckless driving). If this is the case, you would prevent a potential conviction for DUI and the prosecutors can focus their energy on other cases.  

2. Diversion Program 

Colorado allows eligible first-time offenders to participate in DUI programs. This is an adult or pre-trial diversion or deferred prosecution. It’s a plea bargain that doesn’t require you to plead guilty. You would sign an agreement stating you’ll do many things, including completing substance abuse treatment and performing community service. If you successfully fulfill your obligations, your DUI charges will be dismissed or not filed. 

3. Invalid Stop 

In most cases, DUI arrests happen after the driver is pulled over. For that to lead to a valid arrest, the officer must have a reasonable suspicion that a crime occurred in the past or is currently happening. An officer can’t pull over all blue pickups he sees and expect charges to stick. The stop is probably valid if the officer can show it appeared you were intoxicated (driving far below or above the speed limit, drifting in and out of lanes, ignoring stop signs or lights). The charge must be dismissed if there’s insufficient evidence to support a stop. 

4. Botched Field Sobriety Test 

Field sobriety tests are designed to show whether or not there’s evidence to justify taking a breathalyzer test or arrest you for DUI. They are not mandatory. If you’re pulled over, you should politely decline to take them. They include a gaze test, a walk and turn, and reciting the alphabet. An important reason to refuse is many mistakes could be made when an officer administers them. If you complied and took them, the officer may have mistakenly believed drug or alcohol consumption may have caused certain results or may misinterpret the results of the tests. 

5. Breath Test Problems 

Many DUI suspects are usually arrested after a breath test performed by a device commonly called a breathalyzer. It’s supposed to estimate the person’s blood alcohol content (BAC) based on their breath. It can give false results if the machine is not calibrated correctly. You also may have ingested something that caused the false result, or it may be due to a medical condition. 

Contact Churchill DUI Defense Today 

Churchill DUI Defense has been defending clients like you against DUI charges for more than two decades. If you’re arrested for any DUI charge, contact us. We can help you fight your case every step of the way, and your charges may be dismissed. Churchill DUI Defense will do everything in our power to obtain the best possible outcome for you. Schedule a free consultation by calling us at (303) 832-9000 or filling out our online contact form today. 

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