Given the publicly charged nature of a DUI the prosecuting attorney is generally hesitant to have a DUI case dismissed. So the better question is not whether your DUI case will be dismissed, but rather what does the state need to win a DUI case against you. Recently on our DUI forum we had a driver ask, If I was arrested in Colquitt, Georgia, what are the chances I can get my DUI case dismissed?
What does the state need to win their DUI case against you?
To know whether or not the state has a good case against you, you first need to understand what they have to prove. The first element the state must prove is whether or not you had actual physical control of a moving vehicle and whether the officer had reason to stop your car.
If you were not actually operating the car or the police stopped your car without good reason, these can be two reasons that you can have your DUI case dismissed.
Next, the state will have to prove the police officer had probable cause to arrest you for DUI. Gathering evidence to establish probable cause can include having you submit to a preliminary breathalyzer test or having you take a field sobriety test. If you submit to these tests and fail, there is a good chance the state can prove they had reason to believe you were intoxicated. At this point the only challenge you can make is to prove either test was not preformed according to established standards.
After the DUI arrest, how can I get my DUI case dismissed?
If you are arrested for DUI the officer will ask you to submit to a chemical test of your blood, breath or urine. You have already given your implied consent to take these tests, but the officer must read you the correct Implied Consent warning.
After you submit to the test the state will have chemical evidence of your blood alcohol concentration level. It is illegal to operate a vehicle in every state with a BAC of 0.08% or higher. Chemical evidence for the state is very good for their case. So if the state has chemical evidence against you it is up to your defense attorney to determine whether the officer performed the test properly and whether the machine was in good working order.
How can a lawyer help you get your DUI case dismissed?
As you can see there are many elements to a DUI case. Whether or not your case can be dismissed will depend on whether the state has followed the proper procedures for a DUI arrest and whether they can prove the elements of a DUI case against you.
The good news is a DUI lawyer is entitled to review all the evidence the state has against you and contest aspects of the case prior to a trial. Lawyers can also seek motions to suppress evidence that has been gathered illegally. So it is possible for the lawyer to win certain DUI cases before it ever goes to trial or to have your DUI case dismissed for lack of evidence.
What if I am convicted of a Georgia DUI?
If you are convicted of a DUI you can expect to pay fines of $300 to $1000 plus any statutory surcharges (usually an additional 50%), spend 10 days to 12 months in jail, serve 12 months on probation (less any jail time imposed) and perform a minimum of 40 hours of community service. The state may also require you to attend an alcohol education and evaluation course.