Why Might My DUI Charge Get Dismissed?

Although DUI charges are quite serious in Mississippi, they can be dismissed fairly easily in many cases. In fact, even a slight error could result in a dismissal. But what might this actually look like in real life? What kinds of situations can lead to a dismissal of DUI charges in Mississippi?

In order to take advantage of these situations, you first must work with an attorney who actually notices the errors in the first place. This means it’s always important to search for the best defense attorney you can find in Mississippi, and you might want to work with a private attorney rather than a public defender. This is because private attorneys tend to look for ways to have charges dismissed, whereas public defenders are more likely to simply enter plea deals. But we know what you’re thinking: “How can I find attorneys near me?” Not to worry – there are many lawyers near you in Mississippi who will be more than happy to help.

Improper or Illegal Actions by the Police

Perhaps the most obvious reason your DUI might be dismissed is if the police engage in certain illegal or improper behavior during the arrest. For example, they might illegally search your car or your person. They might also conduct an illegal sobriety test, such as using a improperly calibrated breathalyzer or running a test without your consent.

In some cases, DUIs may be dismissed because police failed to publicize checkpoints in advance. If the police pull you over in a manner that causes a traffic hazard, that might also be grounds for dismissal.

The Keto Diet

Another interesting reason your DUI might be dismissed is if you were on the keto diet at the time (1). Basically, this diet produces ketones — which a breathalyzer can inaccurately identify as alcohol. The same logic can apply to those with diabetes or those following a “paleo diet.”

An Example of a DUI Dismissal in Mississippi

On May 12th, it was reported that a school administrator in Tupelo had been charged with a DUI, but the charge was dismissed due to a very simple police error (2). When the police officer signed his affidavit, he used his police title instead of signing at a deputy court clerk. However, the charges were dismissed “without prejudice,” which means the city could simply refile the exact same charges once more.

Where Can I Find an Attorney?

If you’ve been searching for a qualified, experienced DUI attorney in Mississippi, look no further than Ballard Law, PLLC. Over the years, we have handled many cases involving DUI accidents, and we know how serious these charges can be. During your first consultation, we can discuss various potential defense strategies and start fighting for your rights. Book your consultation today to get started right away.

Sources

1. https://www.menshealth.com/health/a26063314/ketosis-breathalyzer-alcohol-false-positive-low-carb/
2. https://www.djournal.com/news/crime-law-enforcement/tupelo-to-refile-dui-charges-against-former-tupelo-schools-administrator/article_4ccb360a-67a4-5016-9d0d-5d61c0605e43.html

Image Credit: https://www.flickr.com/people/28752865@N08

Image License: https://creativecommons.org/licenses/by/2.0/deed.en

Ballard Law, PLLC

108 S President St.
Jackson, MS 39201
(769) 572-5111

If you have further questions about this article or legal concerns call 800-672-3103