A common question is how can my DUI get dismissed. There are various ways to attack a DUI case before there is even a Jury Trial. When you hire a lawyer that attorney will request all of the evidence which is known as Discovery. That may include all the police reports, any videos or any other items that will aid in assisting you in your DUI case.
Once these items are received the attorney can file a motion to suppress evidence which is a hearing where the attorney would argue for the Judge to limit or throw out evidence.
At a motion to suppress the Officer that stopped and arrested you would testify and the attorney would argue three main things.
1. That the Officer did not have probable cause or a reasonable suspicion to pull over the vehicle.
2. That the Officer did not have reasonable suspicion to order the driver out of the vehicle to perform field sobriety exercises and
3. That the Officer did not have probable cause to arrest the driver for DUI based on the totality of the circumstances.
There are other issues that may be argued based on the facts of your individual case but those three are the main arguments in most DUI cases and if the court grants the motion then that results in evidence being suppressed and the charges typically being thrown out prior to trial. This way you do not have to risk a conviction and jail time by taking your case to trial.
