How to Get Your DUI Charge Dismissed in Los Angeles
Is It Possible to Get a DUI Charge Dismissed in California?
Yes, it is possible to get a DUI charge dismissed in California, but doing so requires a thorough understanding of DUI laws and a strategic defense. Dismissal isn’t guaranteed, and the outcome depends heavily on the unique details of each case, as well as the expertise of your defense attorney. Skilled attorneys assess each aspect of the case, identifying procedural missteps or weak evidence to create the strongest defense possible.
If you’ve been charged with a DUI, contact our Los Angeles office at (310) 448-1529 to discuss your case with Attorney Hashemi. With extensive experience in DUI defense, our team is here to explore every avenue for getting your charge dismissed and protecting your future.
Why DUI Dismissals Are Possible in California
Legal Protections
California defendants have critical constitutional rights, including protection from unlawful stops, searches, and seizures. If a DUI arrest resulted from an illegal stop or an unauthorized search, these constitutional violations can form the basis for a dismissal.
Strict DUI Procedures
Law enforcement officers in California must adhere to specific protocols during a DUI stop, arrest, and evidence collection. For example, field sobriety tests must be conducted correctly, breathalyzer devices must be calibrated and administered properly, and officers must have probable cause to initiate the stop. Any deviations from these procedures can weaken the prosecution’s case, potentially resulting in a dismissal.
Burden of Proof on the Prosecution
In any criminal case, including DUIs, the prosecution has the burden of proving the defendant’s guilt beyond a reasonable doubt. If evidence is insufficient, unreliable, or compromised, the defense can challenge its validity. Effective defense strategies can create reasonable doubt, which can lead to a dismissal if the prosecution fails to meet its burden.
These safeguards make DUI dismissals a realistic possibility in California, especially when an experienced attorney is involved. A knowledgeable DUI attorney will assess the circumstances of your arrest, ensuring that every detail of the case is carefully reviewed.
Common Grounds for Dismissing a DUI Charge in California
Several legal grounds can lead to a DUI charge being dismissed if successfully argued. These grounds often hinge on procedural errors or rights violations that compromise the integrity of the evidence. Here are the most common reasons a DUI charge might be dismissed:
Lack of Probable Cause
For a DUI stop to be lawful, the officer must have valid probable cause to pull over the driver. Probable cause can include visible traffic violations like swerving, speeding, or other erratic driving behaviors. However, if the officer initiated the stop without a clear, legal reason, this could invalidate the stop and lead to dismissal of the charge. For example, if an officer stops a driver for merely “driving late at night,” without any specific traffic violation, the defense can argue that this was not sufficient probable cause. In such cases, any evidence obtained during the stop—such as field sobriety or breathalyzer results—could be suppressed, weakening the prosecution’s case significantly.
Improperly Administered Field Sobriety Tests
Field sobriety tests (FSTs) are commonly used to evaluate a driver’s level of impairment. However, these tests must be administered according to strict protocols. For example, the officer must provide clear instructions, choose a safe and level location, and account for environmental factors like uneven surfaces or poor lighting. If the officer fails to meet these standards, the test results may not be reliable. For instance, if a driver performs poorly on a test conducted on a slope or while distracted by nearby traffic, the results can be called into question. A skilled attorney can argue that the test was unfairly administered, which can result in the evidence being disregarded and potentially lead to a dismissal.
Inaccurate Breath or Blood Test Results
Breathalyzers and blood tests are critical to DUI cases, but they must be handled with precision to yield accurate results. Breathalyzer devices require regular calibration and maintenance, and any lapse in this process can lead to inaccurate readings. Similarly, blood samples must be stored and transported carefully to avoid contamination. For example, if a breathalyzer was not calibrated correctly or if a blood sample was left unrefrigerated for an extended period, the reliability of these results is compromised. Challenging the accuracy of these test results can significantly weaken the prosecution’s case and may lead to dismissal.
Violation of Constitutional Rights
Defendants have constitutional protections that law enforcement must respect during DUI stops and arrests. If an officer conducts an unlawful search, fails to read the driver their Miranda rights after a formal arrest, or otherwise violates procedural rights, this can provide grounds for dismissal. For example, if an officer searches a driver’s vehicle without consent, probable cause, or a warrant, any evidence obtained through that search may be inadmissible. Similarly, if Miranda rights were not read before questioning the driver in custody, statements made may be suppressed. These violations are taken seriously by courts, and when they occur, they can lead to a dismissal of the case.
How Our DUI Lawyer Can Help Get Your Charge Dismissed
Attorney Hashemi and our team approach each DUI charge by thoroughly investigating the details, starting with the initial traffic stop. We carefully examine police reports and dash-cam footage to determine whether the officer had valid probable cause, as any evidence obtained from an unlawful stop may be inadmissible. Additionally, we focus on challenging the evidence itself; field sobriety tests, breathalyzer readings, and blood samples must meet strict legal standards, and any issues with the way these tests were conducted or handled can call their accuracy into question. Attorney Hashemi is also experienced in identifying procedural errors, such as failure to read Miranda rights or mishandling of evidence, which may provide grounds for dismissal. If we find that any evidence was obtained improperly, we will file motions to suppress it from the case, which can significantly weaken the prosecution’s position. By examining every detail with precision and filing the necessary motions, Attorney Hashemi builds a defense strategy focused on securing the best possible outcome for you, including a potential dismissal of your charges.
Case Strategies for a DUI Dismissal in California
Attorney Hashemi carefully analyzes each case to determine which approaches may be most effective based on the evidence and circumstances. Here are some common strategies our team uses to seek a DUI dismissal:
Motion to Suppress Evidence
One of the most effective strategies for a DUI dismissal is filing a motion to suppress evidence that may have been obtained unlawfully. For example, if the officer conducted an illegal search, lacked probable cause to initiate the stop, or improperly administered sobriety tests, Attorney Hashemi can file a motion to exclude this evidence from trial. If the court grants the motion, the prosecution may be left with insufficient evidence to proceed, potentially leading to a dismissal of the charges.
Negotiating with the Prosecutor
In some cases, effective negotiation with the prosecutor can lead to a dismissal or reduction of charges. Attorney Hashemi uses any weaknesses in the prosecution’s case as leverage to negotiate more favorable terms. For example, if the evidence is weak, the defense may work out an agreement with the prosecutor for dismissal in exchange for alternatives like community service or a lesser charge. This approach is particularly beneficial for clients who want to avoid the lasting impact of a DUI conviction but are open to fulfilling certain conditions.
Using Expert Witnesses
Breath and blood tests are frequently challenged in DUI cases, as the accuracy of these tests can sometimes be unreliable. Attorney Hashemi may call on expert witnesses to review the methods and conditions under which these tests were conducted. For instance, experts can testify about improper calibration of breathalyzer devices or mishandling of blood samples. If the expert’s testimony casts doubt on the reliability of the test results, it can significantly weaken the prosecution’s case, opening the door for a dismissal.
Questioning Witnesses
An experienced DUI attorney understands the importance of cross-examining witnesses, including police officers. By questioning witnesses, Attorney Hashemi can reveal inconsistencies in their accounts or mistakes in their recollection of events. For example, if an officer’s statements about the stop or sobriety test procedures are inconsistent or vague, this may indicate a lack of credibility in their testimony. Such weaknesses in witness statements can undermine the prosecution’s case and support a defense motion for dismissal.
These strategies are designed to challenge the prosecution’s evidence and procedures, increasing the chances of a dismissal. Attorney Hashemi’s experience in DUI defense allows us to choose the best strategies based on the specific circumstances of each case, working to protect our clients’ futures.
When a Plea Bargain Might Be a Better Option
While a dismissal is the ideal outcome in any DUI case, it is not always possible. In situations where the evidence is strong or procedural grounds for dismissal are lacking, a plea bargain may be the next best strategy to minimize penalties. Attorney Hashemi works closely with clients to explore every possible defense, and if dismissal is unlikely, he can negotiate a favorable plea agreement that reduces the impact of a DUI charge.
One common plea option is a Wet Reckless Reduction. In many cases, a DUI charge may be reduced to a wet reckless—a lesser offense that still acknowledges alcohol involvement but typically carries lighter penalties. A wet reckless often results in lower fines, shorter probation, and sometimes avoids mandatory license suspension. For example, if the evidence indicates impaired driving but there are mitigating factors, such as a lower Blood Alcohol Content (BAC) close to the legal limit, Attorney Hashemi may successfully negotiate a wet reckless on behalf of his client, allowing them to avoid the full consequences of a DUI.
A plea bargain can also lead to Reduced Sentencing. For instance, a skilled DUI lawyer may be able to negotiate for lower fines, a shorter DUI school requirement, or alternatives to jail time, such as community service or probation. These agreements can be particularly beneficial for clients who need to retain driving privileges for work or family responsibilities.
If a dismissal isn’t feasible, Attorney Hashemi leverages his knowledge of California DUI law to negotiate for the most favorable terms possible, protecting your rights and helping you move forward with minimal disruption to your life.
Benefits of Dismissing a DUI Charge
Securing a dismissal for a DUI charge in California offers significant, lasting advantages. A dismissal means avoiding jail time, fines, and mandatory DUI programs, allowing you to bypass the immediate penalties of a conviction. This outcome also preserves a clean criminal record, which can be crucial for future job opportunities, professional licenses, and background checks for housing or loans. Without a DUI conviction on your record, you’re more likely to protect your reputation and future opportunities. Additionally, a dismissal helps safeguard your driving privileges. Unlike a DUI conviction, which typically results in mandatory license suspension, a dismissal often allows you to continue driving, maintaining your freedom and independence. With these long-term benefits in mind, pursuing a DUI dismissal is a powerful way to protect your rights and future, and Attorney Hashemi is dedicated to building a defense focused on achieving this ideal outcome for every client
Avoid a DUI Conviction – Contact Our Los Angeles DUI Lawyer Today to Discuss Your Case
If you’ve been charged with DUI in Los Angeles, the right defense can make all the difference in securing a dismissal. At The Law Offices of Arash Hashemi, we bring over 20 years of experience in DUI defense, examining every detail of your case to identify grounds for dismissal and minimize the impact of a DUI charge on your life. Attorney Hashemi and our legal team will meticulously review the circumstances of your arrest, challenge weaknesses in the evidence, and work to protect your rights at every stage. From motions to suppress evidence to negotiating with prosecutors, we are committed to providing a comprehensive defense that prioritizes the best possible outcome for you.
To discuss your case and explore your options for dismissal, contact our office at immediately. You can also schedule a 15-minute consultation through our secure online system. We are located in the Westside Towers in Los Angeles, serving clients throughout Santa Monica, Beverly Hills, and Westwood.
Schedule Your Consultation Today
- Phone: (310) 448-1529
- Schedule Your Free 15-Minute Consultation: Conveniently book online through our secure system.
- Email: Contact@hashemilaw.com
- Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
- Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend
