What are the chances that I could get this DUI dismissed?

Question

I was stopped for failure to stop while merging (no oncoming traffic) and charged with a DUI after the fact. The initial charges were dropped. What are the odds I can get this dismissed or reduced?

Jeffrey Pollock · Answer

If there is no longer any probable cause to have stopped you, you may have success with a veteran lawyer.

Michael J. Breczinski · Answer

The facts may be critical in this case. Where exactly did this happen? What sort of traffic control devices were there? Were there other vehicles? etc. These facts would have to be made clear to an attorney before an anwer could be given. The answer now is Maybe.

Edward Blum · Answer

Depends on a number of factors not discussed in your inquiry. Most importantly, what was your BAC?

Jason Overton · Answer

It's possible.  You need to hire an attorney.  He will need to know more of the details of your case and will know what options are available to you.

Gary Moore · Answer

You are not tell your situation clearly.

Steven D. Dunnings · Answer

Did you take a preliminary breath test and/or breathalyzer? If so, what were the results?

Jacob P. Sartz · Answer

If you cannot afford  an attorney, the court may appoint you one payable at the public's  expense as long as you meet the eligibility requirements. The burden of proof is on the prosecutor. If the prosecutor is unable to procure the necessary proofs, a pending case may be dismissed or dropped. In certain situations, effective advocacy by the defense through the use of timely motions may result in court-orders prohibiting the introduction of certain key pieces of evidence. However, those motions may not be available depending on a person's circumstances.   Anyone charged with a moving violation should strongly consider retaining a  lawyer to assist them.

Ryan L. Russman · Answer

No lawyer who is honest can answer that question.  Every case is unique and many factors beyond the information you provided will play a role in the outcome of the case.  I would consult with a lawyer to determine some of the additional details.

Vernon Harchenhorn · Answer

To be guilty of DUI requires  just what it says: Driving and Under the Influence. It has nothing to do with fault in an accident.  If they were going to dismiss it, they probably would have done so with the other charges.

Andrew Roberts · Answer

There are no odds. Typically vehicle code violation- or reason why you were stopped- only is used as probable cause in your DUI matter. You need an attorney to fight this probable cause issue.

Elizabeth Zwiebel · Answer

The facts will play heavily in any attempt to dismiss.  Plus, it will be a key fact to know whether it is a first DUI or second, etc.   Also, the locality of the court charging you will round out the facts to determine the possibility of dismissal.

Craig Elhart · Answer

If it was a valid traffic stop, getting the OWI dismissed is unlikely.  You should have an attorney review the matter to determine if the traffic stop was valid.

Christopher McCann · Answer

It is not possible to give you an answer that is accurate at all without knowing a lot more about your case. You need to consult with an attorney who focuses on DUI cases. Anyone who promises you anything else is lying to you.

Howard Snader · Answer

You have asked your chances of having your case dismissed.  I can't really answer that question without reviewing the police reports, interviewing the officers, seeing the lab results and verifying that the lab did the testing properly.  A defense takes much effort.  Your questions does not contain any information from which I can even give you a guesstimate.  The traffic stop is meaningless in the long run.  Most police agencies do not have the officers file the moving violation for fear of double jeopardy blocking a DUI prosecution.  I do understand what you mean by "initial charges." I can only guess the charges were dropped as the State was awaiting the lab results for a blood draw.  You should consider retaining counsel to best represent you in this matter.

Timothy Klisz · Answer

Reduced, good. Dismissed, nil. Prosecutors don't have much leeway on alcohol related driving offenses, so it is deal or try the case.

Dorinda Ohnstad · Answer

The answer to your question is unclear based on the limited facts you've provided. You stated that initial charges were dropped. Not sure what you mean by that. If DA actually filed charges, then dismissed, then as a misdemeanor they can't refile charges. Otherwise, if charges are filed by the DA's Office what the options are will be dependent on factors such as your blood alcohol level (or evidence of drug use), etc.

Jared Altman · Answer

It sounds like you're thinking that if the charge for the reason supporting the stop got dropped, then there must not have been probable cause for the stop, making it an illegal stop. Then the prosecution would fail. But, not so fast! Just because the traffic infraction was dropped doesn't necessarily mean that the stop was illegal. You actions could still have given a basis for the stop. Talk to your lawyer about this. Just because you're not charged doesn't mean that you didn't do it.

Jason Savela · Answer

These cases depend much on the BAC results - some counties do not plea down refusals. Not sure about your case, if there are no priors, you should be made a DWAI offer. Not sure if that is what you mean by reduced. If the police could not stop you legally, then all evidence found after the stop should be suppressed and the case dismissed. You should talk with a DUI attorney that has reviewed the police reports.

Cindy L. Barton-Coombs · Answer

That really depends on what the facts of the DUI charge. If you had a lot of alcohol in your system, your chances are much lower. If you had very little alcohol and did well on the field sobriety tests, you had a greater chance. Talk to your attorney or the prosecutor if you do not. You have the right to see the evidence against you.

Michael Maltby · Answer

People are routinely stopped for alleged traffic infractions which then leads to a charge of DUI. And then the state proceeds on the DUI charge and the traffic infraction is not pursued.

Brian Wanerman · Answer

It's impossible to estimate odds, but here are some general guidelines. One avenue of attack is to question the traffic stop itself. Did you actually fail to stop? If no, you might be able to challenge the seizure of the evidence (observation by the officer, breath test, blood test, etc.) Even if the stop itself was legal, there are many other avenues such as questioning the validity of the breath test machine, the validity of the results, etc. You should consult with an attorney who can give you more specific advice based on the details of your case.

Steven Raiser · Answer

Based on those facts your chances are good. If the officer had no legal authority to stop the vehicle any evidence regarding the DWI would be suppressed.

John DeVito · Answer

It is unlikely that a court will dismiss an OUI because the civil motor vehicle infraction associated with the incident was dismissed. Ifthere was no basis to stop the car; in other words no valid civil infraction, then you could move to suppress the stop. If the stop is suppressed then no evidence obtained by the police as a result of the stopcan be used against you at trial. I recently handled an OUI case were thestop was suppressed by the court when a police officer stopped a carbecause theplastic shell of the bumper was missing. The defendant was cited for a defective bumper and OUI. Because there is no civil motor vehicle infraction regarding shells of bumpers, the stop was illegal and everything obtained from the stop, including observationsof drunk driving was suppressed.

Mark R. Thiessen · Answer

If the initial charges were dropped, then what's the reasonable suspicion or probable cause for the arrest.  You need a skilled DWI attorney in your area.  Unfortunately, dismissals rely on lots of evidence, so I can't just blindly tell you what your chances are.

Harley Gutin · Answer

The issue is did the officer have probable cause to stop you?  It appears he did not.  The dismissal of the ticket does not give you a definitive answer but the "odds" are you have a shot at a "Motion to Suppress" the stop and evidence obtained based on an illegal stop.

Daniel Kieth Martin · Answer

Unlikely if you were driving with a Blood Alcohol level of .08% or higher because it sounds like they had probable cause to pull you over. If your B.A.C. level was .07-.09 % you may be able to settle the case for a wet and reckless which is less expensive than a regular DUI

Scott Gorman · Answer

It is impossible to place numerical odds on the likelihood that you can successfully defend a charge of DWI. There are any number of variables to consider such as what evidence does the State have to establish intoxication other than blood or breath tests, what your alleged blood alcohol concentration is, and who the prosecutor and judge will be. However, to have the best chance to successfully defend the charge, you will need an attorney who is well versed in DWI defense.

Lorenzo L. Angelino · Answer

It all depends on what your BAC level was, and what your driving record is like.

Stephen Dempsey · Answer

That is not a question that can be answered so simply by any stretch of the imagination. A DWI charge is a difficult charge to defend but a experienced lawyer will be able to acertain your potential to defend or mitigate the case.

John Patrick Yetter · Answer

DUI's in Illinois are rarely dropped outright.  This is the general rule. In your case it is not easy to say unless I have an opportunity to talk to you about it.  Most counties have State's Attorney's that would rather go to trial land lose than dismiss a case.

Philip Hache · Answer

Was there a stop sign that you went through, or just a yield sign (or no sign at all)?  I need clarity on the driving itself, but your case.may be ripe for a 1538 hearing.

Aaron Black · Answer

No attorney can give you odds or tell you your chances. I thorough investigation would need to be done in addition to researching the law and drafting motions. Winning a motion like that depends on many more things than just the facts. You must also consider what court you are in and the judge.

Thomas Tomko · Answer

Thank you for your inquiry  Based on your information provided, there is not enough information.  Did you take a breathalyzer?  Were field sobriety tests preformed?  What other evidence of intoxication is there?  By hiring an attorney to review the answers to these questions, a better prediction can be made concerning reduction of the charges.  In a number of cases, I have been successful in getting cases to non-drinking offenses.  In others, there is not such possibility.

Thomas Mueller · Answer

Normally the only reason D.A.s don't file DUIs is a low blood alcohol. If the  chemical test was low it won't be filed. If it was over .08, it will.

Scott Hilderman · Answer

With the info that you provided it is difficult to say.  If the police did not have probable cause to stop you then the charge would have to be dismissed.  However, just because the original traffic violation was dismissed does not mean that they didn't have probable cause.   I would need a closer look at your case.  Of course there may be some other way to challenge your DUI charge than just the validity of the traffic stop.

Theodore W. Robinson · Answer

The chances of getting any DWI dismissed are slim to none. The chances of  getting a reduction are better, depending upon whether there was a reading on  the DWI or not and the level of blood alcohol present.Ifthere was a refusal  to take the test, then that's another aspect that should be kept in mind as  well.It's not likely that the DA's office will volutarily reduce a refusal  case and if the reading is over .12 they won't reduce either.  Since these things can be sofact specific, it's best toschedule a consultation  with an experienced attorney before trying to figure outyour own case. These  can be very difficult cases at times and it's best to hire an attorney as early  in the process as possible.

Ronnie Vargas · Answer

Your odds are dependent on the evidence that the State has to pursue the charges. The evidence can be composed of police observation, police contact with you, the field sobriety tests that you may or may not have performed, a breathalyzer test and other potential evidence.

Jeff Yeh · Answer

You need to contact a DUI specialist fast, because you have only 10 days to save your license. Without knowing more about your case, it is difficult to say. The specific court matters a lot, so does your BAC, your record, among other things...etc. That's why we give each of our clients a long 70-page questionnaire designed for the lawyer to become familiar with your case.

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