Reasons a Judge Might Dismiss DWI Charges

A DWI charge is not a conviction. You still have the chance to defend yourself in front of a judge.

Consider these common ways to get the judge to dismiss your charges.

Lack of reasonable suspicion

An officer must have reasonable suspicion to pull you over for anything. If you or your attorney can prove the officer pulled you over without it, the court could find the evidence inadmissible in trial.

No probable cause for an arrest

Officers typically use field sobriety tests, chemical tests and their own observations to determine probable cause. If you refuse to participate in a field sobriety test or a breath test, the officers only have their observations to establish probable cause. That is less concrete than testing.

Lack of sufficient evidence

If you refuse a chemical test at the scene, officers can still arrest you and perform a breath, urine or blood test at the station. However, if they did not have probable cause for the arrest, the court may suppress the chemical test conducted at the station.

Violation of protocol

If the officers did not follow standard protocol when administering a chemical test at the scene, the court would likely suppress it regardless of the results.

Not operating the vehicle

Police can only arrest you for DWI if you operated the vehicle on a public highway, and you must be the one behind the wheel.

The details can vary significantly from case to case, and the court will consider the circumstances surrounding your arrest. If you have been accused of a DWI, Mike Schillinger could help defend your rights. Call today to learn more.