There are numerous technical defenses that can get a DUI case dropped. As recently in the news about a lawyer’s DUI charges dismissed in court, it highlights how a DUI or DWI case can be won the most effectively with the charges thrown out of court. It should be noted this is also an update to the news story about why a lawyer refused to take the sobriety tests after his suspected DUI arrest.
A dismissed case was ultimately the result since the prosecution admitted there was no real signs of impairment, also mentioning that without a Breathalyzer test showing alcohol in the system, it’s much more difficult to prove a DUI case for a successful conviction.
How other DUI defense strategies work with similar arrests where a driver did take a breath test for example, is using potential evidence to show that the Breathalyzer test machine malfunctioned or that the person operating the device might have made mistakes while using the Breathalyzer. Another viable defense with many current DUI arrests is based on the lack of reasonable and probable cause to conduct the traffic stop in the first place, or the prosecution’s failure to bring a DUI or DWI case to trial within a reasonable amount of time and violates a person’s right to a speedy trial.
There are other scenarios which may also provide possible defenses that include a driver’s right to speak with a lawyer. A driver who has been stopped and arrested for being suspected of driving under the influence, is entitled to speak to an attorney before submitting to a Breathalyzer or blood test. In some circumstances, a person could be allowed to talk to an attorney before the field sobriety tests are given.
However a person’s potential winning defense strategy to get a DUI reduced or even dismissed can only found after a careful review of the arrest details submitted online to us. Having us carefully examine the details of what happened is so essential, because as with any type criminal case, the prosecution attorney has to prove the DUI/DWI offense to the court beyond all reasonable doubt. Driving under the influence charges is an area of law where many technical defenses are based on police mistakes, bad paperwork, improper DUI test calibration records and procedures which make for plenty of room to find areas in which to fight to get the charges dismissed or dropped in court.
Facing DUI or DWI charges is understandably a stressful situation for anyone to be in. Many people may have stopped thinking clearly and just want to put the whole situation behind them as possible. However the worst thing a driver arrested for a DUI charge can do is plead guilty – just so that they can get the case over with a little quicker.
Since any DUI or DWI offense is a criminal charge, it will result in a lifetime criminal record in which a DUI can affect life such as in a future job search. If convicted, a driver will face high costs with expensive fines, having to get an Ignition Interlock device installed, and still have to serve some possible jail time even for a first-time offense. Even after driver’s license suspension period of time is over, a person will find that car insurance rates are extremely high for the next 5 years after a DUI/DWI conviction.
Fortunately, any driver who has recently been charged with DUI does not have to face the possible state penalties alone. There’s free online help we provide which can help in finding possible defense options to get DUI charges dropped or even dismissed, and we can assess the arrest details and discuss with a driver the following 4 common scenarios:
- DUI & DWI charges are difficult to prove and it is the prosecutions responsibility to prove that a driver is guilty. They actually may not have enough evidence to prove a DUI case.
- After reviewing a person’s arrest situation, a driver might have a strong defense that will cause the DUI charges to be dismissed, even when at first it may not seem to be the case.
- In cases where a DUI cannot get dismissed entirely, there still my be options to plead to a less serious offense. After reviewing the arrest information submitted to us online, we can help a person determine what defense options may apply to the case which can get the best outcome possible.
- When a DUI case does go to trial in court, having a local DUI lawyer with a proven record fighting DUI/DWI charges successfully will be critical to having the best chances of winning the case.
In many recent DUI cases, a case-winning local DUI defense lawyer can also challenge the constitutionality of the arrest and the way the evidence was gathered, which can lead to the exclusion of the evidence and the case being dismissed.
How Lawyers Can Get a DUI & DWI Charge Dismissed or Reduced to a Less Serious Offense
It is important that after a DUI or DWI arrest to never assume that the case is automatically going to mean a guilty conviction when it goes to court. A driver should not plead guilty before having the arrest details carefully examined online through us first. Also, when finding a top lawyer for DUI defense nearby who will be best for getting a DUI dismissed or reduced to a less serious offense, a person will need to be very careful with who they decide to hire to fight the case.
All DUI & DWI charges are considered a criminal offense in every state, so having a local DUI attorney review the arrest online with us who specializes in DUI cases is essential to a driver’s chances of getting the charges dismissed in court. Skilled DUI/DWI attorneys are professional at methodically examining police reports and arrest videos, so they know precisely what to look for in mistakes or other issues that can get DUI charges dropped.
It is also fairly common that in many DUI arrests the police can make crucial mistakes. When a driver’s constitutional rights have been violated or improper DUI test procedure was not followed according to law, a person will need a lawyer up-to-date with DUI, DWI, and state Ignition Interlock laws to navigate through complicated Breathalyzer and blood test procedures for the particular state and county the charges took place in.
Getting arrested and charged with a first-time DUI offense is stressful for any driver to go through,especially when they are not truly under the influence. Whether a person feels they are guilty or not, it’s an experience which can have severe effects on a person’s life in many ways for several years afterwards if convicted. Most people are understandably stressed, and need to know answers to questions about what will happen after a DUI or DWI such as:
- “Will I have a permanent record after DUI charge conviction?”
- “Can I still drive my car if I am convicted of a first DUI or DWI offense?”
- “Is there a way to prove that my Breathalyzer test was not properly conducted?”
- “Will I be required to use and install an Ignition Interlock device in my car?”
It’s important for any person facing this ordeal to realize that not all people charged with DUI & DWI will be convicted. One of the reasons is because driving under the influence charges are very subjective, often to an officers predetermined bias that a person is intoxicated by alcohol, illegal drugs, Marijuana, or even prescribed medicine.
Additionally, there are many reasons why a driver might appear under the influence to an officer after getting pulled over. Some of the most common factors include stress, being sick, a distraction while driving, etc. This is another reason of why it is so important to examine the arrest and any evidence thoroughly to assess what is or is not truly evidence of driving under the influence.
Since all DUI and DWI arrest charges today are very technical in the way DUI breath and blood test results are collected, arresting police officers will have to follow a number of rules in order to legally comply with their own training and a driver’s rights. Furthermore, the arresting police officer has to make sure that the DUI breath test devices they use to collect evidence against a driver is working properly, and is maintained according to DUI test procedure.
Since a local DUI lawyer who reviews a driver’s arrest information online with us will know all the requirements the police must comply with, this is one of the most critical reasons why it is so important to have DUI arrest details examined as soon as possible to help fight the charges. This is because if it is found and proven that the police did not follow the set DUI/DWI procedures and a person’s rights were compromised, the Breathalyzer and even blood test evidence they collected may not be allowed in court – and the case will most likely be dismissed.
It is also worth noting that a person can get charged with a DUI offense when the car is parked or not moving. A frequent example is when a driver thinks they are doing the right thing by not driving drunk or impaired, and decided to sleep behind the wheel and the car is parked and with the ignition turned off. They keys to the car do not even need to be in the ignition for a person to still get charged with a DUI or DWI offense.
Even though this seems unfair to most people, with how the current DUI law is – the prosecution attorney only needs to prove the person behind the wheel still had the ability to drive the car while they were under the influence. This is yet another grey area of DUI law of why it will require the help of a DUI lawyer to fight to get the charges to be reduced to a lesser traffic offense or dropped completely. The specialized expertise of the technical information and operation of the breath test machines only a select amount of lawyers will have, and why it is always to a driver’s benefit to hire a local DUI lawyer with this particular experience.
After a DUI attorney reviews the circumstances of what exactly happened during the arrest, they will utilize their acquired skills in determining whether or not there was a technical problem with a machine used to take the breath test, or whether or not the person operating it had administered the test correctly according to the current law which changes frequently.
Additional Ways an Attorney Can Help Get DUI & DWI Charges Dropped For a Case Dismissal
Once a driver’s own arrest situation can be carefully reviewed online with us, a local and skilled DUI lawyer can then be in a position to discuss with a person you the advice needed to make the best and most informed decisions about how to proceed and what to do next in fighting to get a DUI dropped for a case dismissal.
When a person who has recently been arrested for DUI or DWI charge takes advantage of this free online DUI help we provide, it is definitely a situation where knowledge is truly power. This is because when a driver realizes all that is at stake and the sooner they take action in fighting to get the charges dismissed, the better equipped a person will be to challenge the charges effectively for the best outcome of getting the DUI dropped quickly, whenever possible.
Once a person accepts that the case against them will not simply go away without proper DUI legal help, many people in this situation are surprised with a renewed sense of optimism after an arrest review learning how often a lawyer can help driver’s reduce, drop, or entirely dismiss the DUI charges against them in court.
Any person going through this ordeal should never jump to conclusions that a DUI or DWI case can be proved, and they will be found guilty. Even when the arresting officer has told a driver that they have failed the Breathalyzer test by blowing over the legal blood alcohol content limit of .08 BAC, it is important never to automatically plead guilty before having a DUI arrest examined first to find out if the charges can be dismissed or reduced to a less serious offense than what driving under the influence is.
The choices a person makes soon after a DUI or DWI charge can affect their life for many years to come if they get convicted of even a 1st time offense. By taking the proper action now and having us review the details of what exactly happened at the time of the arrest, it will get the lawyer help a person will need to find out what defense options may be available to get charges dropped or the DUI case dismissed completely in court.
Taryn J. White is a legal research specialist and DUI law news reporter. Her current accomplishments include helping those facing any driving under the influence arrest charges, get free online assistance in learning how to fight a DUI case for the best possible outcome.