Can Your DUI Case Be Dismissed Because of Racially Selective Enforcement?

Selective prosecution is a rare but potentially powerful constitutional defense in California criminal cases. Although difficult to prove, a defendant who can show that a prosecution was motivated by unlawful discrimination may be entitled to relief. If law enforcement targeted you because of your race, ethnicity, or national origin rather than legitimate law enforcement reasons, you may have grounds to challenge the stop or raise a constitutional claim depending on the facts of your case. This is not a long shot argument. It is a constitutional claim rooted in the Equal Protection Clause of the Fourteenth Amendment, and California courts take it seriously when it is properly presented.

At Patrick Silva, Attorneys at Law, we have fought DUI charges in the Inland Empire for years, and we know when something about a stop does not add up. If you believe race played a role in why you were pulled over or prosecuted, here is what you need to know.

What Is Selective Prosecution in a DUI Case?

Selective prosecution occurs when prosecutors choose to bring charges against a defendant based on an impermissible factor, such as race, while similarly situated individuals of another race are not prosecuted.

Under both federal and California constitutional law, the government may not enforce the law in a discriminatory manner. The U.S. Supreme Court addressed this directly in *United States v. Armstrong*, 517 U.S. 456 (1996), establishing the standard defendants must meet to pursue a selective prosecution claim. California courts generally apply principles consistent with federal equal protection jurisprudence when evaluating selective prosecution claims.

To succeed on this defense, you must show two things:

• The prosecution had a discriminatory effect, meaning members of your racial or ethnic group were treated differently than similarly situated individuals of another group.
• The prosecution acted with discriminatory intent.

This is a high bar, but it is not an impossible one, especially when data, patterns, and officer history are brought into the picture.

How Racial Disparity Shows Up in DUI Enforcement

Racial disparity in DUI stops and arrests has been documented in traffic enforcement data across California, including San Bernardino County.

California’s traffic and DUI laws, including Vehicle Code Section 23152, must be enforced in a manner consistent with the Equal Protection Clause. But traffic stop data tells a different story in many jurisdictions. Reports issued by the California Racial and Identity Profiling Advisory (RIPA) Board have documented racial disparities in traffic stops, searches, and other law enforcement actions. Although such data alone does not prove unlawful discrimination in an individual case, it may provide relevant context.

In the Redlands area and broader San Bernardino County, these patterns matter. If an officer lacked reasonable suspicion or probable cause for the traffic stop, or if evidence suggests the stop was motivated by unlawful discrimination, those facts may support constitutional challenges. Pretextual stops do not automatically prove selective prosecution, but they are often the starting point for building one.

Practical Steps to Raise a Selective Prosecution Defense in Court

To raise this defense in a California DUI case, you must file a motion for discovery and then a motion to dismiss based on discriminatory prosecution.

Here is how this plays out in practice:

Step 1: File a Roviaro/Armstrong Discovery Motion

Before you can prove selective prosecution, you need data. Your attorney must file a discovery motion requesting the arresting officer’s stop history, demographic data on DUI arrests in the jurisdiction, and any complaints or internal affairs records related to that officer. California courts have recognized defendants’ rights to this type of discovery when they make a credible threshold showing of discriminatory treatment.

Step 2: Analyze the Data

Once discovery is obtained, a statistical analysis comparing how officers treated similarly situated drivers of different races must be performed. This often requires an expert. The goal is to show that the disparity is not random, but systematic.

Step 3: File a Motion to Dismiss

With data in hand, your attorney may file a motion seeking dismissal or other appropriate relief based on alleged violations of the Equal Protection Clause and applicable constitutional principles. In some circumstances, counsel may also request relief under Penal Code section 1385 where appropriate. The motion must include declarations, statistical evidence, and any documentation of discriminatory intent. This is filed in the San Bernardino County Superior Court, where Redlands DUI cases are typically heard.

Step 4: Prepare for the Evidentiary Hearing

The court will hold a hearing where both sides present evidence. Your attorney must be ready to challenge the prosecution’s counterarguments, cross-examine witnesses if necessary, and present your statistical evidence in a clear, compelling way. Because these motions are uncommon and legally complex, careful preparation is essential. Preparation and precision are what separate a dismissed case from a denied motion.

What Happens If the Motion Is Granted?

If the court finds that the prosecution violated the defendant’s constitutional rights, it may dismiss the charges or grant other appropriate relief. The precise effect of such a ruling depends on the basis for the court’s decision and the relief ordered.

A dismissal on equal protection grounds is one of the strongest outcomes in any criminal defense case. It does not just mean a not-guilty verdict at trial. A dismissal based on an equal protection violation reflects the court’s determination that the prosecution cannot proceed consistent with constitutional requirements.

Even if the motion is not granted outright, the discovery process and hearing itself can reveal weaknesses in the prosecution’s case that create leverage for a reduced charge or case dismissal on other grounds.

Why This Defense Requires Aggressive, Knowledgeable Representation

Selective prosecution claims are not something you want to raise without thorough preparation. The procedural requirements are strict, the evidentiary standard is demanding, and the prosecution will push back hard. This defense requires a legal team that understands DUI law at a deep level, knows the local courts, and has the track record to back it up.

At Patrick Silva, Attorneys at Law, we are more educated in DUI defense than most firms in the Inland Empire, and we have won a significant number of cases by challenging the stops, the evidence, and the conduct of law enforcement head-on. If you believe race was a factor in your DUI stop or prosecution, do not sit on that argument.

Call us at 909-500-4819 or contact us to discuss your case. A constitutional violation deserves a constitutional defense.