Around 20-30% of cases for driving under the influence (DUI) get dismissed or acquitted in California. However, the percentage of DUI cases dismissed in California can vary wildly every year.
The statistical data regarding dismissals is cloudy. You can learn more about getting these charges dismissed with a Los Angeles DUI lawyer.
Statistics on the Percent of DUI Cases That Get Dismissed
According to a report on drunk driving statistics in California, 123,548 DUI arrests were made, with 4,944 arrested for Felony DUI in 2016.
Out of the more than 120,000 arrests, 98,430 resulted in DUI convictions. The arrest-to-conviction percentage was 72.6%, deducing that 27.4% should be 2016’s combined dismissal and acquittal percentage.
Culling the numbers by cross-referencing these various reports seems to fall in line with the professional consensus that California’s combined DUI dismissal and acquittal rates range from 20% to 30% over the last 10 years.
Other Statistics Indicate Lower Dismissal Rates
In 2009, the Bureau of Justice Statistics (BJS) released data from the National Judicial Reporting Program, showing that the percentage of DUI convictions obtained between 1997 and 2006 ranged between 75% and 85%.
The same data revealed the percentage of DUI convictions in California was 90% in 2006. In some California counties, the conviction rate was down 63%; in others, the rate went up to 95%.
There is recorded data that has the dismissal rate for DUI cases at less than 2% and at more than 10% in other counties, though the data appears to be unclear about what occurs in the remaining percentages of cases.
Why Does the Dismissal Rate Vary?
This wide gap in the percentage of dismissed or acquitted DUI cases falls back on a multitude of variables. There does not need to be an unlawful arrest or illegally gathered evidence for there to be a dismissal, but these reasons do help the case along.
A few of the most common of these reasons for dismissal include:
- Weak or insufficient evidence presented to prove impairment
- Strong legal strategies or negotiations concerning reducing charges or plea bargains
- Specific policies or practices of the court system in various jurisdictions
- Improper police procedures like unlawful stop or lack of probable cause
- Unreliable field sobriety tests
- Inaccurate breathalyzer reading or blood alcohol content (BAC)
- Not accounting for medical conditions causing drivers to look impaired or raising BAC
- Errors made by the prosecution
- Violating the defendant’s constitutional rights
One of the leading reasons for dismissal is probable cause, which is the initial motive for a police officer to pull over a vehicle and administer a sobriety test. If the arrest did not occur due to a legal roadblock, can the officer provide valid reasoning for the traffic stop that led to the arrest?
These various factors influence the number of DUI dismissals in our state. If you have more questions about the percentage of DUI cases dismissed in California, you can contact a Los Angeles criminal defense lawyer.
More Information About DUI Arrests
In the United States, DUI arrests make up 10% of all criminal arrests, more than all violent crimes combined. Annually, the law enforcement of Los Angeles County makes more than 36,000 arrests for driving under the influence, which is more than 100 daily arrests.
With numbers like this, individuals can get lost. Every DUI case has distinctions and unique situations. You should not treat a DUI arrest as if it will ultimately result in a conviction and punishment.
A DUI conviction can alter a person’s life, take away freedoms, and permanently mark records that may damage careers or potential employment plans. Wrongful convictions have ruined families.
Dismissal or Acquittal
When a DUI case is dismissed or acquitted, there should be no more threat of harsh penalties, sanctions, and strikes on criminal records. Some misdemeanor DUI cases can cost thousands, which does not account for the inconvenience and time expended for hearings and trials.
If the police arrest you for driving under the influence, you can become part of these dismissal statistics. Fortunately, an attorney can help you secure a favorable outcome. A lawyer can explain how a “Motion to Dismiss” can get rid of a DUI charge and when a “Motion to Dismiss” can be filed.
A professional legal team can help you handle your DUI charge and learn what percentage of DUI cases are dismissed.
How Else Can Lawyers Handle DUI Charges?
An experienced attorney can explore multiple methods to handle a DUI arrest if the court does not dismiss the allegations. In some situations, a defense attorney may focus on:
Reducing a DUI Charge
A lawyer may negotiate with the prosecution to secure a plea bargain. Plea bargains require you to plead guilty to a lesser charge, like reckless driving, in exchange for reduced penalties.
A skilled attorney can help you decide if a plea deal represents a good choice in your situation.
Representing a Client in Court
A plea deal may not represent your best option after a DUI arrest. Instead, your lawyer may aggressively represent you in court, building a solid defense that can help with drunk driving charges.
A criminal defense attorney can stand by you during a jury trial, pushing for a verdict in your favor. You can rely on a lawyer to help with all legal issues you face after a DUI arrest.
Contact a DUI Lawyer in Los Angeles Today
What percent of DUI cases get dismissed in California? The court may dismiss around 20-30% of these charges.
A DUI conviction can be an uphill battle. A Los Angeles defense attorney will need time to plan an effective legal strategy to achieve a dismissal, acquittal, or a case drop. Anyone arrested for driving under the influence should contact a lawyer immediately.
An experienced DUI attorney can be an advocate, a defender, and a navigator when the legal territory gets treacherous and you need protection from all of the ramifications attached to DUI cases. For more information, please contact us online or call us.
