Seeking DUI Case Dismissal in Missouri? Discover Your Options Now!

March 14, 2024

Getting behind the wheel while under the influence of alcohol or drugs is a serious mistake that is made all too often. If you have been arrested for DUI (Driving Under the Influence) in Missouri, the next step is to go in front of a judge for what is known as an arraignment. While this might seem like a legal nightmare with no escape, there are a few ways a skilled criminal defense lawyer can fight for a better outcome and reduce the legal consequences.

Judge in court

Can a DUI Case Be Dismissed?

If you are wondering, “Can you dismiss a DUI case?”, the answer is yes! An experienced Missouri DUI defense attorney may be able to get your DUI dismissed using the following defenses:

Lack of Probable Cause for the Traffic Stop

Law enforcement must have a reasonable suspicion, or “probable cause,” to stop a vehicle. If you were speeding, running a red light, failing to stop at a stop sign, drifting between lanes, driving erratically, or you had a broken headlight or taillight, a law enforcement officer has a right to stop you.

However, if the police officer cannot justify stopping you, any evidence gathered during the stop, including results from field sobriety tests, breathalyzer tests, or observations of your behavior, may be deemed inadmissible in court. This is because the evidence would be the result of an unconstitutional stop, which violates your Fourth Amendment rights.

Improper Administration or Handling of Sobriety Tests

When field sobriety tests (FSTs) or chemical tests (like breathalyzer or blood tests) used to measure a driver’s impairment are not conducted according to established protocols, a skilled defense attorney will use them as a legal defense.

FSTs are physical tasks that police officers may ask you to perform during a traffic stop to assess your physical and cognitive faculties. Common tests include the Horizontal Gaze Nystagmus (HGN) test, the walk-and-turn test, and the one-leg stand test. 

If the arresting officer fails to follow the precise guidelines for conducting these tests, the results may not be 100% accurate. For instance, not providing clear instructions or conducting tests in poor conditions (like on an uneven surface) can invalidate the results.

Similarly, chemical tests (breath, blood, and urine tests) measure the amount of alcohol or drugs in your system. These tests have strict procedural requirements as well. Breathalyzer devices must be regularly calibrated and maintained to ensure accurate readings; with blood and urine tests, there must be a clear chain of custody and proper handling to prevent contamination or mix-ups.

If there was any lapse in these procedures at any point in time, your DUI defense attorney can use it to file a motion to suppress the evidence derived from those tests. If the motion is granted, the prosecution will have even less evidence to prove your DUI charges beyond a reasonable doubt.

Lack of Evidence That You Were Driving

The prosecution might struggle to prove you were driving the vehicle. This can happen when a DUI arrest officer arrives at a scene involving only one car, and there are no witnesses to identify the driver. If there were passengers present and you did not admit to driving, this could make a difference. Or, if the police find you in a stationary car while intoxicated, your DUI lawyer might argue that you were not in control of the vehicle or that you were not in a position to drive it.

Plea Bargaining

In a plea bargain, you agree to plead guilty to a lesser charge in return for a reduction in the severity of the penalties associated with the original charge. This may be possible if:

  • This is your first DUI
  • There are no injuries
  • If your blood alcohol content was not excessively high

One of the common lesser charges that a DUI might be pled down to with help from an experienced DUI attorney is “wet reckless,” or reckless driving involving alcohol. The prosecutor might be willing to reduce your DUI charge to reckless driving or similar under certain conditions.

Get Strong Legal Representation from Our Skilled Attorney with Experience in DUI Cases

Getting your DUI charges dropped or reduced might seem challenging when your blood alcohol concentration is beyond the legal limit. Our experienced attorney at Kirsch & Kirsch, LLC., will fight to get your DUI dismissed or your DUI charge reduced. We will evaluate all the evidence stacked against you and look for any slip-ups in procedure or violations of your rights. Call us at 573-222-0826 or contact us online to schedule a free consultation and learn how we may go about getting a DUI case dismissed.