What Are My Chances of Beating a First Offense DUI Case?

POST UPDATED ON 11.16.17
Being arrested and charged with DUI or DWI is a very serious matter, even for first time offenders. Since every DUI arrest and case has its own unique set of circumstances, there is no way to give a percentage of likelihood that someone will be able to beat their first DUI offense. Even though this is the case, it is important to keep in mind that no case is impossible to win especially when the accused has enlisted the help of a knowledgeable, experienced DUI attorney in their state.

What are the Best Odds of Winning a DUI Case?

Most people ask us what will likely be the end result of my case in court? It is important to mention that no reputable lawyer can ever guarantee a certain outcome or result in any DUI or DWI offense case. However, our lawyers at FightDUICharges are specialists in the DUI field of law exclusively, which also includes fighting BAC test refusal charges as well. Our nationwide network of only using the top-rated DUI defense attorneys collectively handle thousands of cases a year, and have been able to fully dismiss or plea bargain charges down to a less serious offense in the majority of cases handled through us.

Our primary goal is to get winning results that fully acquit drivers of all criminal DUI charges who seek our free online legal help in time. What a full acquittal means is, that you are found “not guilty” in court, and would not face any of the consequences as detailed below. In the rare chance that a lawyer with us thinks a DUI case will likely not win if it went to trial, what happens then is they will attempt to plea bargain the charge down to a less serious misdemeanor such as reckless driving or a traffic ticket. This would also be considered a successful case outcome for most drivers, since their record can later be fully cleared of the violation.

Factors to Help You Win Your Case

First DUI Offense CaseEven though every case is different, there are some factors that may help an individual win their case regardless of the other circumstances. A DUI attorney’s job is to find flaws in the prosecutor’s case against their clients and point out any flaws in the arresting officer procedures. Presenting these types of facts to the court greatly increases an individual’s chances of winning their DUI case or, at the very least, having their charges dismissed to a crime that is considered less serious.

The two most common factors include Blood Alcohol Content, or BAC, and probable cause:

  • BAC: An individual’s BAC is a big factor that is considered during their DUI case. One way to help win a case is to bring up doubt surrounding how a BAC Breathalyzer test was administered or the results of the test. Some questions an individual should review with their lawyer include when the Breathalyzer test was administered? How was it administered? Was the officer or individual who administered the test properly trained to do so? The answers to these questions will help the attorney establish doubt in the test which may help the case to be dismissed.
  • Probable Cause: Another factor that needs to be considered is whether or not the arresting officer had probable cause to make the traffic stop on the individual’s vehicle in the first place. Some questions an individual should ask themselves include what was the reason for the officer to pull them over? Did the arresting officer see them driving the vehicle? Are the arresting officer’s observations of their behavior consistent with others who may have witnessed them driving or witnessed any field sobriety testing?

If there is doubt surrounding either of these two factors, or any other factors of the case, the individuals DUI should be able to build a strong defense against the prosecutor’s evidence. This should help to either have the charges reduced to something less serious, such as reckless driving, having some of the penalties taken away or reduced and, in the best cases, having the DUI charge dismissed completely. Even if the BAC and probable cause defense are not options, there may be other factors that the DUI attorney can uncover to help establish doubt within the prosecutor’s case.

Consequences for First-Time Offense DUI Convictions

Many people believe the consequences for first time DUI charges cannot be “that bad” and often take the route of using a public defender or not having any legal counsel. Although first time DUI penalties are less harsh than those penalties for repeat offenders, they can have a significant impact on an individual’s life. Penalties will vary from one state to the next, but all states use some combination of license suspensions, fines, using an Ignition Interlock Device, and possibly serving jail time.

First Offense DUI Penalties by State

As mentioned previously, each state will have different punishments for first time DUI or DWI offenders that will also vary in severity. Regardless of the location a driver gets arrested for driving under the influence of alcohol or drugs, the chances to win the case will always come down do how soon a person gets proper legal help to dismiss the charge in court. Here are some common examples of first offense DUI penalties for different states that a convicted offender can expect to happen:

Arkansas:

  • 90-Day License Suspension
  • Mandatory Alcohol Education
  • Alcohol Treatment/Assessment
  • Possible Use of Ignition Interlock Device

Arizona:

  • 90-Day License Suspension
  • Mandatory Alcohol Education
  • Alcohol Treatment/Assessment

California:

  • 4-Month License Suspension
  • Mandatory Alcohol Education
  • Alcohol Treatment/Assessment
  • Possible Use of Ignition Interlock Device

Colorado:

  • 3-Month License Suspension
  • Mandatory Alcohol Education
  • Alcohol Treatment/Assessment
  • Possible Use of Ignition Interlock Device

Delaware:

  • 3-Month License Suspension
  • Possible Mandatory Alcohol Education
  • Possible Alcohol Treatment/Assessment
  • Possible Use of Ignition Interlock Device

D.C.:

  • 90-Day License Suspension
  • Mandatory Alcohol Education
  • Alcohol Treatment/Assessment

Georgia:

  • 1-Year License Suspension
  • Mandatory Alcohol Education

Hawaii:

  • 3-Month License Suspension
  • Mandatory Alcohol Education
  • Alcohol Treatment/Assessment
  • Possible Use of Ignition Interlock Device

Illinois:

  • 90-Day License Suspension
  • Alcohol Treatment/Assessment

Indiana:

  • 180-Day License Suspension
  • Possible Vehicle Confiscation
  • Possible Use of Ignition Interlock Device

Kansas:

  • 30-Day License Suspension
  • Possible Mandatory Alcohol Education
  • Possible Alcohol Treatment/Assessment

Kentucky:

  • 30-Day License Suspension
  • Mandatory Alcohol Education
  • Alcohol Treatment/Assessment
  • Possible Vehicle Confiscation
  • Possible Use of Ignition Interlock Device

Maryland:

  • 60-Day License Suspension
  • Possible Use of Ignition Interlock Device

Nevada:

  • 90-Day License Suspension
  • Mandatory Alcohol Education
  • Alcohol Treatment/Assessment
  • Possible Use of Ignition Interlock Device

New Jersey:

  • 3-Month License Suspension
  • Mandatory Alcohol Education
  • Alcohol Treatment/Assessment
  • Possible Use of Ignition Interlock Device

North Dakota:

  • 91-Day License Suspension
  • Alcohol Treatment/Assessment
  • Possible Use of Ignition Interlock Device

Ohio:

  • 6-Month License Suspension
  • Possible Use of Ignition Interlock Device

Oklahoma:

  • 30-Day License Suspension
  • Mandatory Alcohol Education
  • Alcohol Treatment/Assessment
  • Possible Use of Ignition Interlock Device

Oregon:

  • 90-Day License Suspension
  • Mandatory Alcohol Education
  • Alcohol Treatment/Assessment
  • Possible Vehicle Confiscation
  • Possible Use of Ignition Interlock Device

Rhode Island:

  • 45-Day License Suspension
  • Mandatory Alcohol Education
  • Alcohol Treatment/Assessment
  • Possible Use of Ignition Interlock Device

South Carolina:

  • 6-Month License Suspension
  • Mandatory Alcohol Education
  • Alcohol Treatment/Assessment
  • Possible Use of Ignition Interlock Device

Texas:

  • 90-Day License Suspension
  • Possible Use of Ignition Interlock Device

Vermont:

  • 90-Day License Suspension
  • Mandatory Alcohol Education

Wyoming:

  • 90-Day License Suspension
  • Possible Use of Ignition Interlock Device

Common Additional Punishments

It is important to note that individual’s may be subject to other penalties not addressed in the listing above. These additional penalties can include fines, jail time and serving community service. Generally speaking, since each state has its own laws and penalties, first time offenders can expect to face monetary fines and the possibility of some jail time. Repeat DUI offenders can expect to face these same penalties and possibly more, harsher punishments.

Long Term Effects of a DUI Conviction On Your Life

While the penalties listed above may not seem that serious, it is important to keep in mind the residual effects these penalties can have on an individual’s life. These are also just the beginning of the hardships to expect if a conviction or guilty plea to the DUI or DWI is the final outcome in court. For example, a license suspension, even a short one, can mean having a hard time getting to work or school which may lead to other consequences for being tardy or missing work.

Additionally, some states make vehicle confiscation a possibility for first time offenders which means these individuals will not even have a car when their suspension has ended. This is why the odds to get the offense dismissed entirely, is largely based upon how fast a driver gets legal help to utilize their best defense options in enough time early as possible for a DUI case.

Taryn J. White

About Taryn J. White

Taryn J. White is a research specialist and DUI law news reporter on what to do when you get a DUI, the best methods used for fighting a case, and how to get DUI help. Her current mission and accomplishments include helping those facing any driving under the influence, DUI, and DWI arrest charges, get free online assistance in learning how to fight a DUI case for the best possible results and outcome. In today’s era of online information and social media defining a person’s identity, one of her primary goals is to help inform people about the truth of the burden a lifetime of social stigma damage and career devastation a DUI arrest charge will carry, especially if not properly handled by the best professional legal counsel from the beginning of a DUI case. Since the seriousness of a person’s reputation and livelihood is at stake, it is for this essential reason that people be informed of their options based on their unique arrest and circumstances, and why Taryn has helped provide the free online assistance people need by easily having their questions and concerns answered directly through this website with a skilled DUI attorney from their area.

1 thought on “What Are My Chances of Beating a First Offense DUI Case?

  1. I as well believe this. The best chances to get the DUI case dismissed is definitely how soon u get help for it based soley on what happened to you. I nearly learned this the hard way.

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