{"id":286690,"date":"2016-07-22T15:36:17","date_gmt":"2016-07-22T20:36:17","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/dui\/cases\/how-to-get-your-dui-dismissed.html"},"modified":"2025-08-29T15:21:25","modified_gmt":"2025-08-29T20:21:25","slug":"how-to-get-your-dui-dismissed","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/dui\/cases\/how-to-get-your-dui-dismissed.html","title":{"rendered":"Challenging Your DUI Arrest"},"content":{"rendered":"\n
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Challenging Your DUI Arrest <\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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There are a few ways to potentially get DUI charges dismissed or reduced. DUI arrests<\/span> must be based on reasonable suspicion<\/span> for the initial stop and probable cause<\/span> for the arrest. Challenging a DUI arrest<\/span> often involves questioning the validity of the traffic stop<\/span>, field sobriety tests<\/span>, and chemical <\/span>test<\/span> results<\/span>. Working with a criminal defense attorney is often the best way to challenge a DUI charge.<\/p>\n\n <\/div>\n\n\n\n

Conviction for even a first-time driving under the influence (DUI) offense can result in jail time, automatic driver\u2019s license suspension, and heavy fines. A DUI charge can also lead to higher insurance premiums. If you caused an accident while driving drunk, you may face felony charges.<\/p>\n

There are no guarantees in law. The only sure way to avoid a DUI charge is by not drinking and driving. There is also no way to trick or beat a Breathalyzer test<\/a>. Attempting to defeat a Breathalyzer can lead to another charge in some states.<\/p>\n

However, there are ways to challenge the validity of your arrest. In some cases, this can lead to having charges dismissed. If you were arrested for a DUI, it’s important to seek help from a criminal defense attorney<\/a> right away. They can evaluate your case for any opportunities to get charges dismissed. They can also help you pursue other defenses that can avoid conviction or reduce penalties.<\/p>\n

How To Get DUI Charges Dismissed\u00a0<\/h2>\n

There are a few reasons why a judge or prosecutor may dismiss criminal DUI charges, including:<\/p>\n