Here’s the truth: Yes, DUI cases can be dismissed – and it happens more often than you might think. If you’re reading this after a DUI arrest, you’re probably feeling overwhelmed, scared, and wondering if there’s any hope. Take a deep breath. You have options, and some of them might surprise you.
DUI dismissals aren’t about getting lucky or finding loopholes. They happen when there are genuine problems with how your case was handled – from the initial traffic stop to the chemical testing. Below are 10 proven defense strategies that have worked for our clients right here in Sacramento, Yolo, Placer, and Solano Counties.
⏰ Time-Sensitive Alert: After a DUI arrest, you have just 10 days to request a DMV Administrative Per Se (APS) hearing, or your license will be automatically suspended. This hearing is separate from your criminal case and gives us a chance to challenge the evidence. Don’t let this deadline pass – it’s one of your most important rights.
How DUI Dismissals Actually Happen
Courts don’t dismiss DUI cases “just because.” Dismissals happen when there are serious legal problems with the prosecution’s case. Maybe the traffic stop was illegal. Maybe the breath test wasn’t done properly. Maybe they can’t even prove you were driving.
When key evidence gets thrown out or the prosecution can’t prove their case beyond a reasonable doubt, that’s when dismissals happen. It’s not magic – it’s the law working as it should.
10 Defense Strategies That Get Results
1. Challenging the Traffic Stop
This is often our first line of defense. Police need reasonable suspicion to pull you over – they can’t just stop you on a hunch. If the officer can’t clearly explain why they stopped you, or if their reason doesn’t hold up under scrutiny, everything that happened after that stop can be thrown out.
We’ve seen cases dismissed because an officer claimed someone was “weaving” but body camera footage showed normal driving. We examine every detail of why you were stopped.
2. The “No Driving” Defense
Here’s something many people don’t know: California requires proof of volitional movement of a vehicle. If no one actually saw you driving, this can be a powerful defense.
Maybe police found you parked with the engine running. Maybe you were in a parking lot. Maybe you were helping someone with a broken-down car. If they can’t prove you drove on a public road, they don’t have a DUI case.
3. Roadside Breath Test (PAS) Problems
That little handheld breath test at the roadside? For most adults, it’s optional. Police are required to tell you this, but many don’t. They also need to explain that taking this test doesn’t satisfy your obligation to take a chemical test after arrest.
When officers don’t give proper warnings or pressure you into taking the test, we can challenge those results.
“I am a CDL Class A truck driver… Ibrahim got my court case dismissed and won the DMV hearing. My CDL is safe and record is clean.” – Michael A., Google
4. Breath Test Machine Failures
Breath test machines are complex devices that must follow strict California regulations. They need regular calibration, specific maintenance, and operators must be properly trained. The test requires two breath samples within 0.02 of each other, and there’s a mandatory 15-minute observation period.
We request all maintenance records, training logs, and calibration data. When these machines aren’t properly maintained or operated, the results become unreliable.
5. Field Sobriety Test Issues
Those roadside coordination tests have very specific, standardized procedures. Officers receive detailed training on exactly how to give instructions, what to look for, and how to score the tests.
We compare the officer’s report to their body camera footage and the official training manuals. When they don’t follow the standardized procedures, it weakens their case significantly.
6. Rising Blood Alcohol (The “I Wasn’t Drunk While Driving” Defense)
Your blood alcohol level continues to rise for up to two hours after your last drink. If there’s a significant delay between when you were driving and when you were tested, your BAC might have been legal while you were actually driving.
This defense looks at timing, what you drank, when you ate, and your body weight to show that you were under 0.08 when it mattered.
7. Illegal Blood Draws
Blood tests usually require a warrant or your consent. Police can’t just take your blood because alcohol dissipates over time – the U.S. Supreme Court has ruled that’s not an automatic emergency.
We examine whether you truly consented to the blood draw, whether consent was properly obtained, and whether police actually had the emergency circumstances they claim justified taking blood without a warrant.
“My second DUI was reduced to a wet reckless. Ibrahim explained everything… never made me feel helpless.” – Josue S., Google
8. Blood Sample Handling Problems
Blood samples must be collected, stored, and tested according to strict regulations. The person drawing blood must be qualified, they can’t use alcohol-based disinfectants, and the blood vials must contain proper preservatives.
We trace your blood sample from collection to testing, looking for breaks in the chain of custody or improper handling that could compromise the results.
9. Independent Blood Testing
You have the right to independent testing of your blood sample. When our independent lab gets a different result than the prosecution’s lab – or finds contamination or other problems – it can completely undermine their case.
This isn’t always available, but when it is, it can be a game-changer.
10. DUI Checkpoint Violations
If you were arrested at a sobriety checkpoint, that checkpoint must have followed very specific constitutional requirements. There must be advance planning by supervisors, neutral criteria for stopping vehicles, proper signage, and reasonable duration.
When checkpoints don’t meet these requirements, any evidence gathered can be suppressed.
What This Means for Your Case
Every DUI case is different. You might have one of these issues, or several, or none at all. The key is having someone who knows what to look for and isn’t afraid to challenge the prosecution at every step.
We’ve seen cases that looked hopeless turn into dismissals. We’ve seen clients who thought they had no chance walk away with clean records. But time matters – evidence disappears, witnesses forget, and deadlines pass.
“All of the charges were dismissed… he was strategic, methodical, and willing to fight for me every step of the way.” – A.C., Google
Your Next Steps
Don’t wait. Here’s what you should do right now:
1. Request that DMV hearing immediately. You have 10 days from your arrest. This hearing can save your license and gives us an early chance to challenge the evidence.
2. Gather everything. Save your citation, the pink DMV form (DS-367), any receipts from the night in question, medical records, and anything else related to your case.
3. Don’t talk to police. Be polite, but you don’t have to explain what happened. Anything you say can be used against you.
4. Get a case evaluation. An experienced DUI attorney can spot issues you’d never think to look for.
Why Experience Matters in Sacramento
Most DUI cases in Sacramento County are heard at the Gordon D. Schaber Courthouse downtown. Having handled hundreds of cases there, we know the local prosecutors, the judges, and how the system works. We know which defenses work best with which judges, and we have relationships with the labs and experts who can make or break a case.
This local knowledge isn’t just helpful – it’s essential for getting the best possible outcome.
“Ibrahim was able to get me out of a huge mess that could result in divorce, losing a job, monetary hardship and jail… Felony turned into a misdemeanor.” – Vano N., Google
Ready to Fight for Your Future?
Don’t let a DUI charge derail your life. You have more options than you think, and time is critical. Every day you wait is a day the prosecution gets stronger while your defenses get weaker.
Get a free case evaluation today. We’ll review your arrest, identify potential defenses, and explain your options in plain English. No legal jargon, no pressure – just honest answers about your case.
Contact Dbouk Law Office for Your Free Consultation
Serving Sacramento, Yolo, Placer, and Solano Counties
Sources and Additional Information
- DMV Administrative Per Se (APS) Hearings: California Department of Motor Vehicles – Administrative Hearings Guidelines (CA DMV)
- California Vehicle Code §23612: Implied Consent Law and PAS Advisement Requirements (Justia Law)
- Mercer v. Department of Motor Vehicles (1991): California Supreme Court case defining “driving” (Justia Law)
- Title 17 California Code of Regulations §1221.2: Breath Testing Standards and Procedures (Cornell Law School)
- Title 17 California Code of Regulations §§1219-1219.1: Blood Testing Collection and Preservation Standards (Cornell Law School)
- NHTSA Standardized Field Sobriety Test Manual: National protocols for field sobriety testing (NHTSA)
- Missouri v. McNeely (2013): U.S. Supreme Court ruling on warrantless blood draws (Justia Law)
- Birchfield v. North Dakota (2016): U.S. Supreme Court ruling on breath vs. blood testing (Justia Law)
- Ingersoll v. Palmer (1987): California Supreme Court guidelines for DUI checkpoints (Justia Law)
- Sacramento Superior Court: Gordon D. Schaber Courthouse location and information (Sacramento Superior Court)
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Every case is different, and outcomes depend on specific facts and circumstances. Past results do not guarantee future outcomes.
