In some cases where a person has been arrested for driving under the influence (DUI), the prosecution either never files charges or ultimately drops the charges after initially filing. Here are some of the circumstances where a DUI prosecution might end one of these two ways.
Prosecution Decides Against Filing DUI Charges
Being arrested isn’t the equivalent of being charged with a crime. Generally, when someone is arrested for a DUI (or any other crime), the police report of the incident is sent to the district attorney’s office to assess for charging. It’s then up to the district attorney (DA) to decide what charges to file or whether to file charges at all.
DAs usually make charging decisions quickly (within a few days or weeks), but the laws of most states allow DAs to file misdemeanor charges (DUIs are normally in this category) within a year or so of an arrest. If the DA doesn’t file any charges within this time period, the prosecution won’t go forward. In other words, the defendant won’t have to go to court and won’t have a DUI conviction or have to deal with the associated consequences. (Though there could still be license-related penalties through the DMV.)
So, why would a DA decide against filing a DUI charge? Generally, it’s all about the evidence. If a DA thinks the evidence is too thin to prove the DUI charge, he or she will likely throw out the case.
Probably the most common scenario when this happens (a defendant is arrested for a DUI but never charged) is in cases where the defendant takes a blood alcohol test. Blood alcohol tests don’t give immediate results. The driver gives a blood sample shortly after the arrest, which is sent to a laboratory for analysis. But the laboratory might not report the results (how much alcohol is in the sample) for several weeks or more. If the blood test results come back at a level that doesn’t exceed the legal limit (a BAC of .08% in most states), it’s unlikely the DA will file DUI charges.
Defendant Files a Motion to Suppress Evidence and Wins
The 4th Amendment to the U.S. Constitution (and similar provisions of state constitutions) prohibits unreasonable searches and seizures by police. When police obtain evidence in violation of the 4th Amendment, the defendant can file a motion to suppress to get the evidence thrown out. A successful motion to suppress can put the brakes on a criminal case and leave the DA with no choice but to dismiss the charges.
The most common reasons for motions to suppress in DUI cases are illegal traffic stops and unlawful blood tests. To lawfully stop a vehicle (assuming it’s not a DUI checkpoint), police must have reasonable cause to believe the driver or someone in the vehicle has broken the law. If the original stop wasn’t justified, subsequent evidence obtained by police is subject to suppression (being tossed) as the product of an illegal search and seizure.
Blood test results might also be the product of an illegal search and seizure if police don’t first obtain a warrant from a judge. In 2016, the U.S. Supreme Court said that a blood draw qualifies as a search and seizure under the 4th Amendment and normally requires a warrant. If a driver is able to get blood test results thrown out with a motion to suppress, there’s a good chance the DA will dismiss the DUI charges.
Plea Bargains for Lesser Charges
With plea bargaining, it’s sometimes possible for a defendant who’s charged with driving under the influence to plead to a lesser charge in exchange for the DA dismissing the DUI charges. Most commonly, reckless driving (sometimes called a “wet reckless” in this context) would be the lesser charge.
However, plea bargaining for a wet reckless isn’t allowed under the laws of some states. And, in states where it is possible, DA usually will agree only if the case involves substantial mitigating factors. Mitigating factors might include a low blood alcohol concentration (BAC), the defendant having no criminal record, and the like.
Alternative Sentencing Programs
Some states have alternative sentencing programs for DUI offenders. Usually, these programs are intended for either first offenders or repeat offenders.
The idea behind first-offender programs is to offer a second chance to drivers who haven’t ever been convicted of a DUI in the past. Normally, first offender participants must complete some type of drug and alcohol education or counseling and possibly other requirements like community service. But after the defendant completes the program, the judge dismisses the DUI charges.
Repeat-offender programs (sometimes called “DUI court”) are specifically designed for rehabilitating offenders with underlying substance abuse problems. Repeat-offender programs are normally much more intense than first-offender programs. Participants in repeat-offender programs generally must complete a full substance abuse treatment program, agree to drug and alcohol testing for a substantial period of time, and are subject to intense supervision by the court and/or a probation officer. But for defendants who are successful in these programs, dismissal of the DUI charges is typically one of the rewards.