Can a DUI be dismissed?

A DUI charge in New Jersey may be dismissed by the judge if the prosecution lacks sufficient evidence to prove any of the elements of the charge. In most cases, this involves having breathalyzer or blood test results excluded from evidence, either because the evidence was obtained in violation of a defendant’s rights (such as police lacking reasonable suspicion or probable cause to initiate a traffic stop) or because errors in testing render the results scientifically unreliable.