When you say thrown out, I assume you are talking about a dismissal. The chances of that are remote. In Massachusetts, which is where I practice and the only location in which my answers pertain, the DA's office does not dismiss DUIs, period. Even if the case is a sure loss for the prosecution, they would prefer that a judge or jury make the determination of not guilty than risk the scrutiny of the media or the public for dismissing a charge with such political volatility. You may have seen the article in the Boston Globe a few months ago questioning why such a high percentage of DUIs that go jury waived (tried before a judge instead of a jury) result in a Not Guilty. One of the major reasons for this is because the DA's office will not dismiss a DUI, no matter how weak their position. Therefore, a seasoned lawyer will often take these cases to trial before a judge and not feel it necessary to take the additional time it takes to try it in front of a full jury. It certainly helps your position tremendously if there is no Field Sobriety Test (FST) evidence or Breath Test evidence. However, the DA will still put the arresting officer on the stand to testify as to his opinion of your condition at time of arrest. Do not take this lightly. The Commonwealth will do everything within their power to convict you, even without the FST and BT evidence. In fact, there are many judges in MA courts that will even convict you on marginal evidence in DUI cases. They too as concerned with public opinion and NO ONE wants to look weak or unconcerned with drinking and driving. Hire a good lawyer and let them do their job and you should be fine.
Answered on Mar 24th, 2013 at 8:00 PM