No one wants a DUI conviction on their record. So you may be wondering how to get your DUI dismissed. Whether you believe you were sober enough to drive, the officer made a mistake, or the chemical test instrument’s result (commonly known by the brand name “Breathalyzer”) was inaccurate, beating a DUI is possible under certain circumstances. What follows is a discussion of several ways your attorney may be able to help you get your DUI charge dismissed. Remember, every case is different and there are no guarantees, but here are a few common reasons for a dismissal. A police officer must have reasonable suspicion a crime, even a minor traffic violation, has been committed to lawfully pull you over for a traffic stop. Reasonable suspicion can be anything from speeding, weaving, and erratic driving, to the officer observing a mechanical violation on your vehicle such as a broken taillight. If the officer doesn’t have the basis for reasonable suspicion, any evidence obtained as a result of the unlawful traffic stop can be suppressed under the Fourth Amendment. This includes the results of any chemical tests and field sobriety tests you may take, and even your words to the police officer. Challenging the Field Sobriety Tests Chemical Test Results DUI charges should be dropped: As with any criminal charge, a person charged with driving while intoxicated (DWI) or driving under the influence (DUI) is presumed innocent until proven guilty. If guilt is established (often through the defendant’s own plea or after a jury trial), the penalty will depend on state law, as well as on any aggravating circumstances (such as the presence of an open bottle of liquor in the car) and the defendant’s cooperation with the police. If you have been arrested for DUI, especially if it is your first DUI, it can be a very frightening and confusing time. Whether you had only a single drink or not, the results of a DUI arrest can be the same and you should fight DUI if possible. However, taking the correct steps immediately after your arrest is vital to your protection and the outcome of your trial. Step 4: Request a DMV hearing. Provo Utah DUI LawyerWhen you need legal help to fight against a DUI charge in Provo Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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