How can I get my DUI dismissed? By proving to the DA you were absolutely not DUI. Hard to do when you blew a BA over twice the legal limit and will have officer testimony against you. What can I do? Defend the charges. A little free advice: If arrested for DUI, then upon release from jail or booking, the defendant is given documents that include a notice that he has only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of license imposed by DMV upon arrest. That is separate and runs consecutively with any suspension that may be imposed by DMV or the court upon conviction. Contact DMV and do so, n timely if you think you have grounds for appeal, then appear at the scheduled DMV appeal hearing to present your supporting evidence and witness testimony. If you don't know how to do these things effectively, then hire an attorney that does. When questioned, arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? A little free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney. While this isn't a 'capital case', it certainly carries potential jail, so handle it right. Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal and factual arguments, for evidence suppression, search and seizure, or other motions, or for trial. Effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face. No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answered on Nov 08th, 2012 at 5:13 AM