10 Ways to Increase the Odds of Getting DUI Dropped

Are you charged with driving under the influence and you are unsure of the odds of getting DUI dropped? Are you unsure whether the charges against you can be dismissed if you plead not guilty? Some defenses and steps can avail you of punishment from the court if you follow them. Every case has a defense and so does DUI though slim and very difficult.

Getting charged with a DUI is not the end of your world. The law prescribes that an accused is presumed innocent until proven guilty. You are allowed by law to represent yourself to plead your case or you can choose an attorney to represent you in court. If you must defend yourself in court, your defense has to be strong to weaken the case of the prosecutor against you.

This article will help you understand what a DUI charge is, the various types of DUI, the consequences of a DUI charge, and the factors that can affect the odds of getting DUI dropped. Understanding the concept of a DUI charge will help you build a solid defense for a DUI charge.

What is DUI?

DUI means Driving Under the Influence. It could mean that you are driving under the influence of alcohol or drugs. The drugs do not need to be illegal. Prescribed drugs and over-the-counter drugs are all categorized under DUI if it can be proven that the person charged with DUI is impaired as a consequence of taking them.

DUI is not to be confused with DWI which means Driving While Intoxicated. In some jurisdictions, DWI may be treated distinctively while in other jurisdictions, both terms may be used interchangeably.

DUI laws differ in various states. You should know the driving laws of your state to help you stay out of trouble because ignorance of the law isn’t an excuse.

Consequences of a DUI Charge

• License suspension or revocation
• Probation
• Fines and costs
• Jail time
• Ignition interlock device
• Insurance cost.

Types of DUI

• Aggravated DUI: This is when a police officer reasonably believes a person to be driving under the influence of alcohol or drugs while still committing another crime. Aggravating factors in a DUI charge change the status of the charge from a misdemeanor to a felony. Aggravating factors may include bodily harm, damage to properties, death, high Blood Alcohol Concentration, etc.
• Commercial DUI: Commercial drivers are usually the ones charged with a DUI. The law in most states in the United States sets a limit of 0.02% and if convicted, a commercial driver may lose his commercial driver’s license.
• Felony DUI: A DUI may be charged as a misdemeanor, which means it was a minor wrongdoing or it may be charged as a felony which means that it was a serious charge. Drunk driving becomes a felony if it is reasonably believed by a law enforcement officer to be so and you have been subjected to a field sobriety test which proves that you are driving under the influence.
• First-time DUI: A first-time DUI may be charged as a misdemeanor if no aggravating factors exist. Suppose you have been caught for the first time driving under the influence. In that case, that is to say, if your BAC is above the set legal limit of your state or if you have been caught driving while being impaired by drugs, then it is a first-time DUI even though the true definition of this term varies from state to state.
• Underage DUI: If you are under the legal drinking age and you operate a vehicle with an amount of alcohol in your system that is past the set legal limit of your state, then you will be charged with an underage DUI.

The type of DUI you are charged with does not mitigate the consequences of your offense. Whether it is a first-time DUI or not, it is often treated as a serious case hence the establishment of various driving laws by various states to protect you and other road users from damage or loss.

The degree of damage and jurisdiction where the offense was committed amongst other factors like peculiarities of the case, the jurisdiction where the offense was committed, cooperation with officers of the law, field sobriety test results, damage to property, injury, death, Blood Alcohol Concentration, or previous DUI convictions would determine the punishment you would get.

However, these punishments could be avoided by increasing the odds of getting a DUI dropped.

What are the Odds of Getting DUI Dropped?

The odds of getting DUI dropped means the possibility or likelihood that a DUI charge against you will be dropped. This depends on different factors which include the jurisdiction where the offense was committed, cooperation with officers of the law, field sobriety test results, damage to property, injury, death, Blood Alcohol Concentration, or previous DUI convictions.

List of 10 Ways to Increase the Odds of Getting DUI Dropped

The odds of getting DUI dropped are very slim especially if it is an aggravated DUI charge. But every case has a defense. That is why you are allowed to defend yourself in a court of law to uphold justice. So, what to do?

Consider the following ways to increase the odds of getting DUI dropped:

• Move a motion to dismiss the DUI charge
• Prove that there were no witnesses
• Challenge the inadmissibility of the evidence of the DUI charges against you in court
• Prove that the law enforcement officer lacked probable cause to suspect you to be driving under the influence
• Challenge the chemical test results
• Stay silent when you are arrested
• Prove you were not driving
• Prove that the evidence of the charges against you is insufficient
• Prove that the law enforcement officer failed to follow the right procedures for a DUI check.
• Get an excellent DUI lawyer to represent you.

Overview of How to Accelerate Your Chances of Getting DUI Dismissed

1. Move a motion to dismiss the DUI charge

Being charged with a DUI does not automatically mean you would be convicted at once. the courts may decide to dismiss the charges against you if you can successfully move a motion to dismiss the DUI charge.

If there is a valid reason to why you want to move a motion to dismiss a DUI charge, the prosecutor may not have any other choice but to drop the charges.

2. Prove that there were no witnesses

If you can prove that there were no witnesses at all or that there were no reasonable and credible witnesses, the trial will be a walkover for you.

3. Challenge the inadmissibility of the evidence of the DUI charges against you in court

Not all evidence is admissible in court. Certain factors can make a piece of evidence inadmissible in a court of law.

These factors may include unauthorized or unreasonable searches, information obtained in violation of your rights, hearsay evidence, information obtained under coercion, etc.

A prosecutor cannot use any evidence that is irrelevant or relevant evidence that has been compromised against you in a court of law. When this happens, such a piece of evidence is struck out as inadmissible.

4. Prove That the Law Enforcement Officer Lacked Probable Cause to Suspect You to be Driving Under the Influence

Probable cause means a legal requirement that a law enforcement officer must reasonably believe that a crime has been committed or is being committed. This belief must be based on facts and circumstances.

Probable causes for a law enforcement officer to believe that you are driving under the influence may include that your speech is slurred, your driving is erratic, you smell of alcohol, or your performance in the field sobriety is poor.

Now when the police lack this standard requirement to prove that you are driving under the influence and as such you are impaired by alcohol or drugs, then it is most likely that the odds of getting DUI dropped will increase.

5. Challenge the Chemical Test Results

If you believe your test results’ performance is invalid, you can challenge its authenticity, accuracy, or reliability. Question the state of the testing equipment, and whether they were properly calibrated.

Ascertain the qualification of the operators, and check whether there were errors in the procedures. You could argue that at the time of the blood test, the Blood Alcohol Concentration was rising while the police officer was driving if the test was conducted sometime after you drove.

You can also present medical reports to back up your claim that your medical conditions may have influenced the accuracy of the test results. There are certain medical conditions or some medications that may affect the accuracy or reliability of chemical test results.

Lastly, you may challenge the custody of the blood tests. If the blood sample was collected, handled, stored, or transported in certain ways, you may challenge it.

6. Stay Silent When You Are Arrested

The need to explain yourself or plead your way out in DUI cases is not uncommon but it is advisable to stay silent because whatever you say may be used against you as evidence in a court of law. You may reserve the right to stay silent until your lawyer arrives.

7. Prove You Were Not Driving

Since a DUI charge usually involves a piece of evidence that you were indeed operating the vehicle or in motion at the time of the arrest, you may prove that you were not driving or operating the vehicle at the time of the arrest.

You can do this by gathering statements from eyewitnesses who are credible and reasonable, obtaining evidence of surveillance footage from cameras near the crime scene, and presenting alibi evidence to show that you were not present in the said location.

If you prove correctly that you were not in motion or operating the vehicle at the time of the DUI examination, then you are increasing the odds of getting a DUI dropped.

8. Prove that the Evidence of the Charges Against You is Insufficient

If the prosecution cannot prove beyond reasonable doubt that you are guilty of a DUI, it means that their case is weak and they lack insufficient evidence to back up their claim.

9. Prove that the Law Enforcement Officer Failed to Follow the Right Procedures for a DUI Check

The odds of getting a DUI dropped may increase if the officers fail to follow the right procedures for a DUI check which may result in a violation of your rights and the inadmissibility of any evidence in court.

These errors in procedures may include illegal traffic stops, improper sobriety tests, documentation errors, violation of your constitutional rights, etc.

10.  Getting a Very Good DUI Lawyer to Represent You

It is your constitutional right to be represented by an attorney in a competent court of law even though you may also be allowed to represent yourself in a DUI charge. However, it is advisable to seek the guidance of an experienced DUI lawyer.

This is because they know the law more than you do and can argue from a legal point of view to make sure that all pieces of evidence against you are struck out and all DUI charges against you are dismissed.

Conclusion

The most guaranteed way to get DUI charges against you dropped is to stay out of trouble but if you are ever busted for Driving Under the Influence, consider the above ways to increase the odds of getting DUI dropped and you are well on your way to be a free man or woman.

The law as it is said, lies in the bosom of the court. But as a DUI attorney or someone who has been charged with DUI, you have to think smart to win your case.

Frequently Asked Questions (FAQs) on Ways to Increase the Odds of Getting DUI Dropped

Can a DUI be reduced?

There are certain instances where a DUI charge may be reduced. a DUI charge may be reduced if you plead guilty to a lesser charge such as reckless driving. Also, if it is a first-time DUI, then it is most likely going to be reduced.

What is the most common penalty for a DUI?

The penalties you may face include probation, community service, fines, license suspension or revocation, etc. But the most common penalty for DUI is jail time. The duration of jail time may vary from state to state. It also depends on whether it is a first-time DUI or the aggravating factors involved.

Do you lose your license for a first DUI offense?

Losing your license is one of the consequences of a first-time DUI charge. This may be done by either getting your license suspended or revoked.

What happens to a first-time DUI offender?

A first-time DUI may be charged as a misdemeanor. But if there are any aggravating factors such as damage to property, death or even driving with a minor, then it may be charged as a serious offense. However, a first-time DUI offender may face most of the consequences of a DUI charge but this may vary from state to state. These consequences include jail time or probation, license suspension, ignition interlock devices, fines, and alcohol and drug counseling and treatment.

What is aggravated DUI?

This is when a person is reasonably believed by a police officer to be driving under the influence of alcohol or drugs while still committing another crime. Aggravating factors in a DUI charge change the status of the charge from a misdemeanor to a felony. Aggravating factors may include bodily harm, damage to properties, death, high Blood Alcohol Concentration, etc.