Kinney Law, pc

Spearfish Office
121 W. Hudson Street
P.O. Box 729
Spearfish, SD 57783

Phone: 605-642-2147
Fax: 605-642-4079
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Rapid City Office
909 St. Joseph Street
10th floor Suite 3
Rapid City, SD 57701

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Sturgis Office
2275 Lazelle Street
Sturgis, SD 57785

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Fax 605-642-4079

Is it possible to have my DUI charge dismissed?

If you are facing criminal charges in the Spearfish area for a DUI, you may find yourself wondering if there is some way for you to beat them. You may not believe you deserve those charges and are beating yourself up about the circumstances that led to this predicament. But there is still time for the tide to turn in your favor.

It is possible for an alleged offender to have DUI charges dropped. However, not everyone who receives a DUI charge qualifies. Here is a brief overview of different defense strategies that can help to reduce and dismiss DUI charges. 

Unlawful detainment

Law enforcement must have probable cause to apprehend and detain you. If the reason for your traffic stop was for something other than a traffic violation, DUI checkpoint, vehicle violation, reckless or erratic driving, or a crime, the courts might toss out the case. 

Challenge breathalyzer and field sobriety tests 

DUI field sobriety tests are not always accurate. They can provide inaccurate results when improperly calibrated, improperly administered, if you have certain medical conditions such as alcohol-brewery syndrome or GERD, or you are on certain medications. 

You were not driving 

You do not need to be operating a car to receive a DUI. But, it is a possible defense strategy you can use. It falls to the prosecutor to prove you were under the influence and had intent to operate a vehicle. Factors that can help to solidify this defense tactic include a lack of witnesses, the vehicle belonged to someone else, there were multiple people in the car and you were not sitting in the driver's seat. 

Bear in mind that DUI charges are not easy to defend yourself against. The prosecution will use every piece of evidence they can and anything you say during and after your arrest to win a conviction. The less incriminating evidence there is against you, the better your chances are. You should consider speaking to an attorney to learn defense strategies that apply to your situation and for guidance.

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