Ways that My DWI Charge Could Be Dismissed

June 6, 2022

Anyone who has been charged with a DUI can explain how stressful the process is, mainly when appearing in court without representation. Because there are opportunities to have DWI charges dismissed, it is vital to have a DUI attorney by your side. An attorney can explain how your case could qualify for dismissal and investigate the case against you. If you have questions about your DWI charges and would like to learn more about the possibility of getting the charges dismissed, speak with an experienced attorney with knowledge of local traffic laws.

Ways that a DWI Charge Could Be Dismissed

A VA DUI lawyer can help determine which method can help you get your DWI charges dismissed. Common reasons DWI charges get dropped include:

  • Lack of reasonable suspicion to stop the driver
  • No probable cause to arrest
  • No evidence it was you driving the vehicle
  • No evidence shows you were under the influence of drugs while driving
  • The blood test results are not sufficient evidence of impairment
  • The blood test was not administered properly


Since DWI charges are so fact intensive, these potential issues could lead to a dismissal or to a reduction of the charge. 


What is a Lack of Reasonable Suspicion or Probable Cause?

Most people believe that an officer must have probable cause to stop a vehicle. However, the standard of proof required to stop a driver for temporary detention is lower than probable cause and easy for officers to meet. Under “Reasonable Suspicion,” the officer can provide a qualifying reason to stop the car, whereas, with probable cause, there is a higher burden to provide proof for the arrest.

Under reasonable suspicion, an officer can temporarily stop and investigate a person if they have a reasonable suspicion that something out of the ordinary has occurred. The reasons to stop the vehicle cannot be on a hunch, and the officer must state their motives at the time of the stop.

Probable cause is a higher standard that is needed to arrest you for DWI. In a DWI case, this usually takes into account any combination of driving behavior, indicia of intoxication, performance on field sobriety tests, and results of a roadside breath test. Without reasonable suspicion to stop or probable cause to arrest, a violation of your rights has occurred and the DWI charge would need to be dismissed.

Can You Be Stopped at a DUI Checkpoint?

When established correctly, DUI checkpoints allow officers to stop vehicles without probable cause. If you wonder if your DUI checkpoint stop was legal, consult with a Fairfax DUI lawyer.

What if There is No Evidence of Who was Driving the Vehicle?

If you have been involved in a DUI accident where there were no witnesses or police officers present at the time of impact, there might not be any evidence of who was driving the vehicle at the time of the collision. Even if the police officer arrives and you are showing signs of intoxication, they must first determine and prove you were the one driving the vehicle.

What if There Are No Witnesses?

If there were no witnesses or anyone available to make a statement to the officer, then there is little clear indication of who was driving the vehicle. Without witnesses able to identify who was driving the vehicle, there might not be sufficient probable cause to arrest an intoxicated person standing near the car. Though it might be evident who was driving the vehicle by circumstantial evidence, the absence of a witness would at least make harder for the prosecution to prove a DUI charge.

How an Attorney Can Help

An experienced and skilled Fairfax DUI attorney can help provide you with guidance and try to get your DWI charges dismissed. Though results are not guaranteed, having legal counsel by your side can help improve your chances of dismissal, especially if there are constitutional violations and arrest errors. Fairfax DUI attorneys can help determine if there was reasonable suspicion when you were pulled over and probable cause when you were arrested.

Call to Schedule an Appointment with a Virginia DUI Attorney

Do not appear in court by yourself when facing DUI charges. Instead, call the offices of Rudolphi Law and speak with our Fairfax County DUI Lawyers. We can help with your DUI case and look for ways to have the charges reduced or dropped. Call us today to schedule a consultation and learn more about how we can help you with your DWI case in Virginia.