What are some of the reasons that OWI charges get dismissed? In the final analysis, the reason any case gets dismissed is due to a lack of evidence. This means that either the State doesn’t have enough evidence, or the evidence they obtained was obtained in violation of the law. Your case should never get to trial if the officer did not do his job correctly. Most of the time the officer fails in some respect- the question becomes how important was that failure. The key to most acquittals is that the client gets to a lawyer’s office almost immediately after arrest. A dismissal is usually due to one or more of the following: an improper stop of the motorist, an improper search of the vehicle, inaccurate breath testing, failure of the government to meet deadlines, violation of constitutional rights such as Miranda, independent witnesses to counter the officer’s testimony, or lack of proper cause to arrest.