QUESTION

What are my chances of getting my DUI arrest dismissed?

Asked on Aug 28th, 2013 on DUI/DWI - Florida
More details to this question:
I was recent arrested for dui. I pulled out of a parking spot and as soon as that happened I was pulled over. Never left the parking lot. I refused to take a breathalyzer and field sobriety test, as I was nervous and afraid. I read over my report and there is no video evidence. This is my first arrest ever and I never had any trouble with the law other than speeding tickets.
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1 ANSWER

Personal Injury Attorney serving South Pasadena, FL at The Law Offices of Charles D. Scott PLLC
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You will most likely not be able to get a DUI arrest dismissed, but there are several options for you to consider. First, you can take the case to trial, either with a jury or just a judge (a bench trial).  The State must prove your guilt beyond all reasonable doubt, and you don't have to prove anything or testify.  Second, you can ask the State Attorney to reduce the charges to reckless driving. This normally requires that you have a lawyer review the case and send a written request to the state outlining the reasons why the charge should be reduced. Third you can enter a plea agreement for a minimum mandatory disposition on the DUI charge. As for getting the State Attorney to simply say never mind and drop the charge, this will probably not happen.  The state can prosecute the case without a breath test and without field sobriety tests. They can rely on the police officers observations regarding your condition, if your eyes were red and glassy, your breath smelled of alcohol, you had poor balance, you slurred your speech, etc.  In some cases, a breath test or field sobriety tests could actually help you prove that you were not impaired. In your case, you don't have these pieces of evidence and the state will rely solely on the officers opinion.  You can be convicted based upon the opinion evidence of the officer.
Answered on Aug 28th, 2013 at 4:12 PM

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