How Do You Get a DUI Dismissed in California?
May 4, 2025 | Nafiz M. Ahmed
Facing a DUI charge in California can affect your driving privileges, employment opportunities, and your freedom. Dealing with these charges can be stressful and overwhelming, but you don’t have to go through the legal process alone. A skilled DUI lawyer can help you challenge the charges, identify weaknesses in the prosecution’s case, and fight for a dismissal.
Strong Defenses Can Help Get DUI Charges Dismissed
In order to get a DUI dismissed in California, it is vital to have a strong defense, which can prove that you are not guilty of the alleged DUI charge.
There are a number of defenses that your lawyer may use to help get your charges reduced or dismissed. It is in your best interest to hire a lawyer right away so they can help identify the one that will be most effective for your situation and build your case around it. Below are some common defense arguments they may use when you are facing DUI charges.
Lack of Probable Cause
In order for a police officer to stop you while you are driving, they must have probable cause. This means that, based on certain factors, they had good reason to believe you were driving drunk and pulled you over as a result.
However, it may be proven that law enforcement tried to pull you over without probable cause, which violated your rights. A lawyer can argue that law enforcement did not have a justifiable reason to make the stop.
Not Driving Under the Influence
California’s DUI laws clearly outline what is considered driving under the influence within the state. For instance, a blood alcohol concentration (BAC) of 0.08% or higher for standard drivers, or 0.04% or higher for commercial drivers, qualifies as DUI.
If you did not meet these requirements when you were stopped or arrested, your lawyer can argue that you were not driving under the influence. You may have been driving in a manner that may have made it appear that you were drunk, but it could have been due to other non-alcohol-related reasons.
Inaccurate Blood Alcohol Content Test Results
Blood alcohol tests may not always be accurate for a number of reasons. Police could have tested you improperly, tested you while your blood alcohol content (BAC) was still rising, or the test could have been affected by other timing factors or health issues. Your lawyer can argue against faulty administration and BACs that were reported higher than what they actually were.
Violations by Law Enforcement
Law enforcement is required to follow specific protocols when they stop you, administer breath or blood tests to determine your level of intoxication, and/or arrest you. If they do not follow these rules, it can impact the results and your charges. Your lawyer can defend you against these violations and the evidence the prosecution has.
How DUI Cases are Resolved
The specifics of your case and your defense will impact how your case is resolved. Typically, DUI cases do not go to trial and are generally settled through negotiations and plea bargains. During this process, your lawyer will present your defense to the prosecution and argue for your charges to be dismissed.
If an agreement cannot be reached by these means, your case may need to go to court. When this happens, your lawyer will be equipped to guide you through the process, and they will continue to fight for you to have all of your charges dropped. They have your best interests in mind and will not stop advocating for you.
Contact our DUI Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help
For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500