If you are facing a DUI charge in Arizona, getting your DUI charge dismissed before trial is the best-case scenario. If you can get your DUI charge dismissed, you won’t have to fight for your freedom in court, and you won’t have to face the consequences of accepting a plea bargain (which can still be a good option in many cases).

So, how can you get your Arizona DUI dismissed?

The answer to this question depends on the circumstances at hand—and, to be clear, seeking a pre-trial dismissal won’t necessarily be a viable option in all cases. But, if it is an option in your case, this is an option you will want to pursue with the help of your DUI defense attorney.

When Is It Possible to Seek Pre-Trial Dismissal of an Arizona DUI Charge?

Seeking pre-trial dismissal of an Arizona DUI charge involves convincing the judge that prosecutors won’t be able to meet their burden of proof at trial. This is not easy, and it generally requires the defendant to show one (or both) of the following:

  • The Prosecution’s Evidence is Clearly Insufficient – A judge can order pre-trial dismissal of a DUI charge if it is clear that prosecutors don’t have the evidence they need to meet their burden of proof. If prosecutors can’t prove each element of a DUI charge with the evidence they have in their possession, they won’t be able to secure a conviction at trial—and a trial is unwarranted.
  • The Prosecution’s Evidence is Inadmissible in Court – A judge can also order pre-trial dismissal of a DUI charge if the prosecution’s evidence is inadmissible. If prosecutors can’t use their evidence against you (i.e., because the police or prosecutors have violated your constitutional rights), then they won’t be able to meet their burden of proof—and a trial is unwarranted in this scenario as well.

This is a very brief overview of the requirements for seeking pre-trial dismissal. The rules governing motions to dismiss are complicated, and prosecutors will fight defendants’ motions to dismiss in most cases. If seeking pre-trial dismissal of your DUI charge is unlikely to be successful, then filing a motion might not be the best use of your resources. On the other hand, if you have a reasonable chance of success, this could be the best and most cost-effective way to bring your DUI case to an end.

Deciding Whether to Seek Pre-Trial Dismissal of Your Arizona DUI Charge

So, how can you decide if you should seek to have your Arizona DUI charge dismissed? Deciding how to approach your DUI case requires the advice and insights of an experienced DUI defense attorney. An attorney who has decades of experience in court—including experience as a former judge—will be able to provide you with custom-tailored advice and help you make informed and strategic decisions based on the specific circumstances of your case.

When helping you decide whether to seek pre-trial dismissal of your Arizona DUI charge, your attorney will consider various factors. Some examples of these factors include:

  • Why Did the Police Pull You Over? Do the police have a valid explanation for why they pulled you over? Or, does it appear that they stopped you in violation of your Fourth Amendment rights?
  • What Did (and Didn’t) the Police Do During Your DUI Stop and Arrest? Did the police properly perform the breath test and field sobriety tests (FSTs)? Did they timely read your Miranda rights? Did they record your DUI stop?
  • What Type of DUI Charge Are You Facing? Are you facing a DUI charge based on your blood alcohol concentration (BAC) or based on driving under the influence? If the former, is your BAC reading reliable? If the latter, what evidence is the prosecution planning to use to prove that your driving abilities were impaired?
  • What Evidence Have Prosecutors Disclosed? Have prosecutors disclosed all of the evidence they are required to disclose? Is this evidence sufficient to prove your guilt beyond a reasonable doubt?
  • Is the Prosecution’s Evidence Clearly Lacking (or Inadmissible)? Based on the type of DUI charge you are facing, is the prosecution’s evidence sufficient to support a conviction? Or, do you have grounds to seek a pre-trial dismissal?

This list is not exhaustive. Deciding whether it is worth pursuing a pre-trial motion to dismiss requires a thorough assessment of all of the facts and circumstances at hand. To file a motion to dismiss, you must have valid grounds to do so. Filing a frivolous motion to dismiss is inappropriate, and it won’t have any benefits in your Arizona DUI case.

How Do You File a Motion to Dismiss in an Arizona DUI Case?

Let’s say you have grounds to file a motion to dismiss. How do you seek pre-trial dismissal of your DUI charge in Arizona?

As we said above, the rules governing motions to dismiss in Arizona DUI cases are complicated. Not only do you need to meet the substantive requirements for filing a non-frivolous motion, but you need to meet technical and procedural requirements as well. If you don’t, the judge may have no choice but to deny your motion—even if you have valid grounds for seeking dismissal.

With this in mind, as with all aspects of fighting a DUI charge in Arizona, filing a pre-trial motion to dismiss requires experienced legal representation. If you believe that you may have grounds to seek a pre-trial dismissal (or if you don’t know and want to find out), you should discuss your case with an experienced DUI defense attorney as soon as possible.

Request a Free Consultation with Phoenix DUI Defense Attorney and Former Judge Mark Weingart

Are you facing a DUI charge in Arizona? If so, we invite you to contact us for more information. To discuss your case with Phoenix DUI defense attorney and former judge Mark Weingart in confidence as soon as possible, please call 480-897-8737 or request a free consultation online today.