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Common reasons drunk driving charges undergo dismissal

| May 2, 2021 | Criminal Defense

When Pennsylvania authorities stop your vehicle and charge you with driving under the influence, you may fear the repercussions you may face in the aftermath. The penalties associated with drinking and driving in Pennsylvania are considerable. However, not every drunk driving charge results in a conviction.

Instead, many drunk driving charges undergo dismissal for similar reasons. If you are currently facing a Pennsylvania DUI charge, know that some people in your shoes had their charges dismissed for the following reasons.

Because authorities unlawfully stopped the car

For a drunk driving charge to potentially stick, authorities must have had a valid, legitimate reason to stop your vehicle. A drunk driving charge may undergo dismissal if you demonstrate that the arresting law enforcement officer did not have probable cause to stop your car in the first place.

Because of chain-of-custody issues

After a law enforcement officer takes a blood or breath sample, he or she must follow certain chain-of-custody protocols when transferring your samples from one location to the next. Failing to follow proper protocols in this area may result in a dismissed DUI charge.

Because the breath test device was faulty

Breath test devices are sensitive instruments that need regular calibration and maintenance to produce accurate results. If you are able to show that a breath test device did not undergo proper calibration or regular maintenance, your case may undergo dismissal as a result.

These are some of the common reasons courts or judges dismiss DUI charges. However, this is not an exhaustive list of all reasons DUI charges may undergo dismissal.