4 Ways to Get a DUI Charge Dismissed in Pennsylvania

If you are facing a DUI charge in Pennsylvania, the best-case scenario is to have your DUI charge dismissed before trial. If you can get your DUI charge dismissed, you won’t have to defend yourself in court, and you won’t have to worry about facing fines, jail time, and other penalties.

So, how can you get your Pennsylvania DUI charge dismissed?

The answer to this question depends on the facts of your case; and, to be clear, pre-trial dismissal isn’t necessarily an option in all cases. But, with the right approach—and with an experienced defense lawyer on your side—you can give yourself the best chance of avoiding a conviction without the need to fight your DUI charge at trial.

4 Ways to Get a DUI Charge Dismissed in Pennsylvania

Again, we need to emphasize that securing a pretrial dismissal in your DUI case is not guaranteed. It is up to you to take the necessary action (which starts with hiring an experienced defense lawyer), and you will ultimately need the judge or prosecutor to sign off on your dismissal. With this in mind, depending on the facts of your case, your options for seeking dismissal of your Pennsylvania DUI charge may include:

1. Prove a Violation During Your Traffic Stop or DUI Arrest

One option for seeking dismissal of your Pennsylvania DUI charge is to show that the police violated your rights during your traffic stop or DUI arrest. To pull you over, the police need to have “reasonable suspicion” that you violated the law. Pulling you over without reasonable suspicion violates your rights under the Fourth Amendment to the U.S. Constitution.

Arresting you without “probable cause” also violates your Fourth Amendment rights. If the arresting officer failed to adequately explain Pennsylvania’s implied consent law before administering the breath test or failed to timely read your Miranda rights, this could have violated your rights as well.

Why does it matter if the police violated your rights? If the police violated your rights, then any evidence they collected after the violation may be inadmissible in court. If enough of the Commonwealth’s evidence against you is inadmissible, then prosecutors won’t be able to prove that you are guilty of DUI.

2. Prove a Violation During Your DUI Case

Prosecutors can also violate your rights during your DUI case, and these violations can also entitle you to a dismissal. For example, if prosecutors withhold exculpatory evidence, this could warrant a motion to dismiss. If prosecutors deny you the right to a fair or speedy trial, this could warrant a motion to dismiss as well. When you hire an experienced defense lawyer to represent you, your lawyer will be able to monitor these types of violations and take appropriate legal action on your behalf as warranted.

3. Rely on the Prosecution’s Burden of Proof

Even if all of the prosecution’s evidence is admissible, this doesn’t necessarily mean that prosecutors will be able to meet their burden of proof. To secure a conviction, prosecutors must be able to prove—beyond a reasonable doubt—that you violated the Commonwealth’s DUI statute. If the prosecution’s evidence is insufficient to prove any single “element” of a DUI under Pennsylvania law, you are entitled to a dismissal in this scenario as well.

Some examples of issues your defense lawyer may be able to raise with regard to the sufficiency of the prosecution’s evidence include:

• Your blood alcohol concentration (BAC) reading is unreliable.
• The prosecution’s evidence does not show that you were “rendered incapable of safely driving.”
• The prosecution’s evidence does not show that you were driving, operating, or “in actual physical control” of a motor vehicle.

If any issues with the prosecution’s case mean that prosecutors cannot prove your guilt beyond a reasonable doubt, then you should not have to defend against your DUI charge. In this scenario, the judge should dismiss your DUI charge because the prosecution’s evidence is insufficient as a matter of law.

4. Entering Into a Pretrial Diversion Program

A fourth option for seeking dismissal of your DUI charge in Pennsylvania is entering into a pretrial diversion program. If you are eligible for pretrial diversion, your DUI charge will be dismissed once you complete the program successfully.

Before you enter into a pretrial diversion program, however, it is important to make sure you understand everything that is involved. Successfully completing a pretrial diversion program requires time and effort; and, if you do not complete the program successfully, your case will be scheduled for trial. As a result, while this can be a good option, it is important that you make an informed decision based on a clear understanding of all of the options you have available.

What About Negotiating a Plea Bargain?

Can you get your DUI charge dismissed by negotiating a plea bargain? As we have discussed previously, negotiating a plea bargain still generally means accepting responsibility for driving under the influence in Pennsylvania. Thus, while negotiating a plea bargain can reduce the consequences of your arrest, it will not allow you to avoid consequences entirely.

This is critical to keep in mind. While negotiating a plea bargain could be your best option, you should not automatically assume that this is the best path forward. If you have grounds to challenge the prosecution’s evidence or are eligible for pretrial diversion, you may be able to get your DUI charge dismissed even if you were driving under the influence at the time of your arrest. Once again, informed decision-making is critical; and, to ensure that you are making informed decisions, you should discuss your case with an experienced defense lawyer as soon as possible.

Schedule a Free Consultation with Stroudsburg DUI Defense Lawyer Brian C. Jordan

Do you need to know more about your options for handling a DUI case in Pennsylvania? If so, we encourage you to contact us promptly for a free consultation. To discuss your case with Stroudsburg DUI defense lawyer Brian C. Jordan in confidence, call 570-764-4114 or tell us online how we can reach you now.