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Definition - What does Dismissal mean?

A DUI dismissal can occur if the state determines to dismiss or drop all the charges against the driver. Dismissals may occur if the state determines they do not have enough evidence to prosecute the DUI case or it is proven the driver's rights were violated. Dismissals may be done "without prejudice" which allows the District Attorney to file their DUI charges at a later time or "with prejudice" which does not allow the District Attorney to file the DUI charges a second time.

DUI charges may be dismissed under certain conditions. Talk to a DUI lawyer as soon as possible after a DUI arrest. Dismissals may be granted if DUI defense attorneys can prove certain legal or factual points in support of a dismissal which can include:

  • Proving the police did not have probable cause to stop the driver for driving under the influence of alcohol or drugs
  • Proving drivers were not read their Miranda Rights
  • Proving the sobriety test were done incorrectly or did not provide sufficient evidence to support a DUI arrest
  • Proving the breathalyzer test was done incorrectly or with faulty equipment and did not provide accurate results of the driver's blood alcohol concentration levels.
  • Proving the court failed to provide for a "speedy trial" as outlined under state law. The allowable time for a DUI trial can vary from jurisdiction to jurisdiction. Contact a DUI lawyer for more information about what constitutes a speedy trial in your jurisdiction.

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