Can a DUI be dismissed?

A DUI charge might be dismissed by the trial court or by a prosecutor when the state lacks sufficient evidence to prove that a driver was operating their vehicle under the influence of alcohol or drugs. For example, if the results of an alcotest breathalyzer test are invalidated due to errors in the testing procedure or an improperly calibrated testing device, a DUI charge might be thrown out due to the state’s inability to prove the driver’s intoxication. Or if a driver is arrested on suspicion of drugged driving, a charge might be thrown out if no urine or blood test is performed to detect the presence of drugs in the driver’s system.