Under what circumstances can a DUI case be dismissed?

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Under what circumstances can a DUI case be dismissed?

Someone was stopped for suspicion of DUI/DWI .  Driver refused a breathalyzer. They are then court ordered to take a blood alcohol test (judge woken up to get an order). The results are not back 4 months later. Can this case be thrown out? Court date is scheduled for 2 weeks from now and results of the blood alcohol test are not back yet because there have been problems with the lab.

Asked on February 9, 2011 under Criminal Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The fact that things are not going well at the lab could work in favor of the defendant here.  Generally speaking defendants are given more opportunity and the "benefit of the doubt" when it comes to testing and the prosecutors proving their case.  They have to be under our system of justice and the theory behind innocent until proven guilty. Do you have an attorney?  If you do not strongly consider getting one as soon as possible.  He or she will know how to handle this delay in evidence and the appropriate motions to make on your behalf and according to your state criminal procedural laws.  The more things that can be pointed to as going wrong for the prosecutors the better it is for you.   


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