Can You Get a DUI Dismissed in California? Here’s What You Need to Know

Can you get a DUI dismissed in California? Imagine this: You are driving home from dinner with friends, feeling fine—maybe just a little tired. Suddenly, flashing red and blue lights appear in your rearview mirror. Your heart pounds, and minutes later, you are being handcuffed and charged with a DUI. The big question now is: Will this stay on your record forever?

It may be possible to have your DUI charges dismissed or even removed from your record in California. While it is not automatic or always easy, knowing the proper steps can make all the difference. Here is what you need to know about challenging a DUI charge, the factors that can lead to dismissal, and whether you qualify for expungement after a conviction.

How to Get a DUI Dismissed

First things first—a charge is not a conviction. Just because you’ve been arrested for DUI doesn’t mean you’re automatically guilty. In California, several legal strategies can help challenge a DUI charge, and here are some of the most effective ones:

●     Was the Traffic Stop Legal? Law enforcement officers must have a valid reason to pull you over. If they lacked reasonable suspicion—such as an apparent traffic violation—the entire case could be thrown out before it even begins. Officers cannot stop drivers because they feel like it; there must be a legitimate reason, or you may get the DUI dismissed.

●     Field Sobriety Tests Are Not Always Reliable You’ve probably seen roadside tests where officers ask people to walk straight or follow a pen with their eyes. But did you know these tests aren’t always accurate? Uneven pavement, poor lighting, medical conditions, and even anxiety can cause sober individuals to fail. If these tests were not conducted properly, they could weaken the case against you.

●     Breathalyzer and Blood Test Errors Breathalyzer machines must be regularly maintained and calibrated. If they have not been tested within the required timeframe, the results could be inaccurate and potentially dismissed in court. Additionally, blood samples must be stored properly—any mishandling could lead to unreliable results, which could work in your favor and get the DUI dismissed.

●     Were Your Rights Violated? If you weren’t properly read your Miranda rights or denied access to legal counsel, this could be a significant issue in your case. Everyone has rights, and if they were not upheld, it could result in your case being dismissed.

Real-Life Example: How One DUI Case Was Dismissed

Let’s look at a case where a DUI charge was dismissed entirely.

Michelle was driving home from dinner when she was pulled over by an officer who suspected she was under the influence. She was asked to perform field sobriety tests on the side of a busy road where cars were speeding by. The stress and distraction made the tests nearly impossible to complete successfully.

Additionally, the officer forced her to take a breathalyzer test but failed to offer a blood test as an alternative, violating standard protocol. Because of these errors, the breathalyzer results were thrown out, and the field sobriety tests were deemed unreliable. In the end, Michelle only received a speeding ticket, and the DUI was dismissed.

Can a DUI Be Expunged in California?

If you have already been convicted of a DUI, you might be wondering if there is any way to remove it from your record. In California, DUI convictions do not automatically disappear, but you may be eligible for expungement under certain conditions:

●        You completed your probation – You must have successfully completed all court-ordered requirements, including fines, DUI classes, and community service.

●        You did not serve state prison time – Expungement is generally available only to those who served time in county jail or received probation.

●        You are not facing new criminal charges – If you have pending charges, your expungement request is likely to be denied.

If granted, an expungement removes the conviction from your public record, meaning it will not show up in most background checks. However, certain government agencies may still be able to see it.

Take Action Today

If you or someone you know is dealing with a DUI charge in California, time is critical. The sooner you take action, the better your chances of achieving a favorable outcome. Whether you’re fighting the charge or seeking expungement, understanding your rights and options is the first step toward protecting your future.

Contact Rios Bollinger Law to Discuss Getting Your DUI Dismissed

A DUI charge does not have to define your future. By challenging the case with the right legal strategies or seeking expungement after conviction, you may have options to clear your record. Stay informed, know your rights, and take the necessary steps to move forward. Contact us today!