After being arrested for DUI, it can be natural to ask: How to have DUI charge dropped?
A conviction for drunk driving can result in immediate license suspension as well as lost work opportunities and educational benefits; luckily there may be ways for getting them reduced or dismissed altogether.
If the prosecution can’t prove guilt beyond reasonable doubt, their burden is to do so and may decide not to proceed with charges in that case. Typically this happens if evidence against a driver is limited or compromised – including delays with breathalyzer test results providing them without proof that a driver had blood alcohol content levels above legal limits at time of arrest.
An experienced criminal defense attorney will be able to analyze the details of your case to explore ways in which DUI charges can be dropped. While dismissal may not be possible in its entirety, an experienced defense lawyer can help reduce charges to less serious offenses or have them reduced into traffic violations instead of criminal ones; typically a DUI offense is misdemeanor while DWI counts as a felony charge.
DUI charges can also be dropped if it can be proven that police did not follow proper protocol during their investigation and arrest of the driver, such as failing to observe him during standard field sobriety tests or preliminary breath or blood alcohol testing. It may also be dismissed if it can be demonstrated that police did not have probable cause to arrest, which can be demonstrated through analysis of forensic evidence, witness statements and police reports.
Your DUI charge could also be reduced to DWI if your BAC was low enough and the state has laws which permit this option. This is more common if it’s your first offense or no one was hurt during the incident.
Blood Tests
A blood test provides more accurate measures of a person’s BAC than breathalyzers can; however, in order to have one taken the person must agree and cooperate with law enforcement officers’ requests. If someone refuses a blood sample they could face more severe penalties; that is why it is crucial that samples taken by professionals be analysed by professionals.
There are various methods available for you to seek a reduction of DUI charges, but hiring an experienced DUI attorney as soon as possible after being arrested is always your best bet. A skilled DUI lawyer will help you understand all of your options and guide you through the legal system – something many find daunting and overwhelming – answering all questions and providing updates throughout your case so there are no surprises along the way.
