Can An OVI Charge Be Dismissed?

Posted on: 16 November 2022

Getting an OVI charge can cause problems for you now but can also follow you later on. When you drive under the influence of drugs or alcohol above your state's legal limits and you are pulled over by law enforcement, you can expect major fines, loss of your driver's license, and even jail time. You will also have a negative mark on your record. However, if you believe your arrest was not warranted, there may be a case to get it dismissed and avoid this issue. You need to work with an attorney if you truly believe you did not deserve to be arrested. Here are some things you should know:

Can an OVI Charge be Dismissed?

Your best chance at getting an OVI charge dismissed is by working with an attorney. An OVI attorney knows how to look at the evidence against you that may or may not pertain to your charge. There may also be additional evidence that will work in your favor that you may not think to ask for.

For example, if your breath test was not done correctly or if you did not consent to a breath test after you were pulled over for suspected drunk driving, your case could be dismissed. An officer must ask you to consent to a breath test before it can be administered. There are certain procedures that must happen during a breath test. If those procedures are not followed correctly, you may also stand a chance of getting the case thrown out.

What Will Happen if the Judge Dismisses Your Case? 

If the judge dismisses your OVI case, you will be free and clear. You will not have the offense listed on your criminal record. However, if there were other charges you received during your arrest, you still will have to deal with those. For example, if you resisted arrest or were arrested for an existing warrant outside of the OVI charge, reckless driving, or any other charges, you will still have to deal with the consequences of those charges even if the OVI charge is dismissed.

Can OVI Charges Always Be Dismissed?

Even if you hire an attorney to fight for you, the charges are not automatically going to be dismissed. The bottom line is if you were driving a vehicle while under the influence of drugs or alcohol and you were caught, you should be prepared to face the penalties for doing so. However, hiring an attorney may help you receive a penalty that is not as harsh. You might avoid jail time but have to pay fines, go on probation, do community service, or take courses to get your suspended driver's license back, for example.

To learn more, consult an OVI defense lawyer.