First of all, DUI charges do get dropped, as this can be achieved if there is enough compelling proof and skilled legal advocacy, but even if you have evidence on your side, asking for charges to be dropped is a tall order. Finding a loophole or technicality is probably not going to be enough to throw your case out. To succeed, you would have to establish that your rights were violated or that some aspect of your arrest or charges were unlawful.

If your DUI arrest was entirely in error, if you know that you were not actually under the influence, then retain a DUI attorney immediately. If you weren't intoxicated but failed tests all the same, an attorney has the expertise and resources to find out if a Breathalyzer was not calibrated correctly, if you have a medical condition that could trigger a falsely high reading on a blood test, or if the officer did not administer the field sobriety test correctly, etc. You might also have additional arguments on your side, along similar lines of defense as someone who was actually drunk at the time of arrest.

If you suspect that you might have actually been intoxicated, then you would have to find evidence that the DUI stop or arrest was unlawful. For instance, did the officer:

• Have a real reason to pull you over?
• Read you your rights and lawfully conduct the arrest?
• Administer tests correctly?

If the answer to either of these questions is a no, then there is the chance that your charges could be dropped. At least, it might invalidate evidence that has been collected against you, weakening the case the prosecutor could bring against you. Finally, if the trial process did not progress in a timely manner, or if procedures were violated in some other way, you might be able to show that the violation is enough to get your charges dropped.

For information on how you can fight your specific DUI charge under your state's laws, be sure to talk to a DUI lawyer about your case as soon as possible!