3 Secrets to Get Your DUI Case Dismissed Even if You Blew Over the Legal Limit
If you blew over the limit and were arrested, especially if this is your first time DUI, you’re probably thinking it’s all over with the DUI penalties: DMV will suspend your license, you record will be ruined and you may even go to jail. If you got a DUI in California, your DUI lawyer can potentially get your DUI case dismissed, if the legal requirements of your stop were not met or there was a problem with the breathalyzer the police used on you.
We’re discussing three ways we get DUI charges dismissed in California—even when the BAC is over the legal limit and even if you took a breathalyzer test.
First, if the stop itself was illegal, nothing else matters. The breath test results and even the blood tests results can be thrown out if the stop was not legal. In California, officers need “reasonable suspicion” to pull you over. Not a hunch. Not a vibe. Something they can prove—like speeding, failing to stop at a stop sign or swerving, or a broken light.
Second, sometimes the police bodycam video doesn’t match their report. Your DUI attorney can file a motion to suppress. And if the judge agrees, your DUI case can get dismissed.
Third, the breathalyzer that the police used on you must be calibrated, logged, tested, and maintained. Your DUI attorney can spot sloppy records, expired certifications, or situations where the officers did not follow procedure. If the BAC results are thrown out, the prosecution may not have a case against you. And here’s the part most people don’t realize:
These technical errors happen all the time. It’s just that most people never think to look.
So here’s what you now know:
- If the stop was illegal, the case collapses.
- If the equipment was faulty, the test gets tossed.
- And if the officer made errors, even a small error can flip the verdict.
The justice system isn’t perfect. But if you know where to look—your DUI lawyer in San Jose get your DUI case dismissed or get a wet reckless charge as an alternative plea. And if you were convicted of a DUI, your DUI lawyer can help you get your DUI case expunged in California.
If you’ve been charged with a DUI in San Jose—or anywhere in the Bay Area—
don’t assume you’re out of options. Contact a DUI attorney in California who will advise you on your license suspension, DUI charge, DUI classes, interlock ignition device and the court hearings. Most people give up way too early. We can look at the police videos, review the stop and pull the records during the DUI arrest. Because when mistakes get made—we’ll find them.
You are not powerless. Call Knight Law at (408) 877-6177 for a confidential evaluation.
