Top Ways To Get a DUI Dismissed

Accidents have become a common occurrence. Accidents mainly occur due to negligence. Negligent driving also constitutes driving under the influence of alcohol or driving impaired. When a driver causes an accident or is found driving under the result of a substance, they might likely get a DUI charge. 

However, all DUI charges cannot be fair as there is a possibility of false positive tests for alcohol. In cases where a driver is charged with DUI, they might try to get it dismissed. It will be beneficial for you to know how you can get a DUI dismissed. You could also hire a New Jersey DWI Attorney to defend your charges for DUI legally. 

How can you get a DUI dismissed? 

• Not legally drunk

One of the most common ways to dismiss a DUI is by defending the case by stating the driver was not legally drunk. To be arrested for a DUI, a driver needs to be above the legal limit for alcohol or a substance. When an alcohol test does not show that a driver was not above the legal limit, the DUI can be dismissed with the help of a DUI attorney in New Jersey. 

• Motion to dismiss

Hiring a DUI attorney will be extremely helpful when attempting a motion to dismiss a DUI charge. If the attorney finds an error in the citation, or if a citation fails to hold and state the offense, a DUI charge can be dismissed immediately by a motion to dismiss. 

Also, suppose any legal procedures must be correctly followed, such as the rights reading, the right to a speedy trial, or an issue with territorial jurisdiction. If the legal process is not followed, a motion to dismiss can be used, and the DUI charge can be ignored. 

• Entrapment

While entrapment does occur too often, getting a DUI charge dismissed with the help of a DUI attorney can still be possible if it is a due case of entrapment. Entrapment can occur when a driver is forced to do something illegal by a legal authority, such as a police officer, and gets arrested later. 

For instance, if a driver sleeps in the car while drunk or under the influence of a substance and is forced to move the vehicle and park somewhere else, getting arrested for a DUI can be labeled as entrapment. 

• Issues with tests 

There can be issues with blood or breathalyzer tests. If you face a DUI charge solely based on the grounds of a breathalyzer test, you can defend it with the help of a lawyer and get it dismissed. Once the breathalyzer shows a positive value, the driver will be taken to the precinct for a blood test. However, a blood test must be taken within three hours of the incident. Otherwise, the grounds for a DUI charge can be easily dismissed.