Drunk driving is never a good idea. If you’re fortunate enough to escape unharmed after driving while under the influence, you can thank your lucky stars you got away safe. But one bad decision can have drastic consequences.
If you have been pulled over for driving under the influence and have been arrested for DUI, your life can change forever. But there’s still hope.
Depending on several factors, you may be able to get your DUI charges dropped before you ever set foot in a courtroom. Keep reading for the best way to fight DUI charges.
Hire an Experienced Attorney Who Specializes in DUI Cases
An experienced attorney will have knowledge of the DUI laws in the state and have a successful track record defending DUI cases. An experienced attorney can fully understand the details of the case. They also understand the strategies and arguments necessary to help the defendant.
The attorney will also be familiar with the court where the case is being heard and the judge who will handle the case. Additionally, an experienced DUI attorney can identify any weaknesses and inconsistencies in the prosecution’s case and determine whether any proof was obtained illegally. The best DUI lawyer may be able to negotiate a reduction of charges or even a total dismissal.
Be Respectful and Cooperative With the Arresting Officer
One way you can increase your chances of having charges dropped is to be respectful and cooperative with the arresting officer. You should cooperate with the arresting officer by:
- following their instructions
- answering questions honestly
- answering without an attitude
- remain calm and collected throughout the interaction
When dealing with the arresting officer, make sure you thank them for their time, politely express any grievances you have, and keep the conversation polite. Your respectfulness might encourage the officer to be understanding and drop your charges or at least decrease your punishments. It pays to be polite when facing legal charges.
Know Your Rights and Don’t Provide Any Incriminating Information
It is within the right of any defendant to remain silent and not answer questions posed by law enforcement. Furthermore, it is important to understand that any statement or answer provided to law enforcement can be used against them in a court of law.
With regards to getting the driving under the influence charges dropped, understanding the basics of criminal law can help a defendant find any weaknesses or discrepancies in what is presented as evidence. In such a case, you may also hire a criminal defense attorney. They can utilize their knowledge in evaluating the case and building the most compelling arguments to present in court.
Challenge the Legality of the Traffic Stop
If you can prove to the court that the police officer had no legal reason to stop your vehicle, then the evidence gained during the stop may be deemed inadmissible. The DUI charges will likely be dropped.
To do this, you must provide clear evidence against the officer. For instance, if you can prove that the officer did not have a valid reason for stopping you, such as not having adequate proof of your vehicle’s registration or not having a warrant.
It might also be argued that certain elements were not followed correctly when conducting field sobriety tests. If the proper protocols were not adhered to, then your lawyer could argue that the results of the test are not viable and could potentially get the charges dropped.
Challenge the Results of the Field Sobriety Tests
If you believe you were wrongly arrested after field sobriety tests, you may want to challenge the results as a way to get your DUI charges dropped. You need to understand your state’s DUI laws. For example, you may be able to challenge the results if the police did not follow the Standardized Field Sobriety Test guidelines or if the equipment used was malfunctioning.
It’s also important to consider other factors such as your:
- medical issues
These can affect the results of the tests. In some cases, a faulty Sobriety Test can cause an innocent person to be falsely accused.
Challenge the Accuracy of the Breathalyzer or Blood Test Results
There can be errors with the machines that measure the alcohol concentration in your breath or blood. To challenge the accuracy, you must first collect evidence to demonstrate why the test results you received are incorrect. This can include any paperwork, documents, or a witness account from the time of your arrest.
After gathering this evidence, it must be presented in a court of law. With enough proof to support your case, the judge may find that the test results were questionable enough that the charges should be dropped.
Negotiate a Plea Bargain With the Prosecution
Negotiating a plea bargain involves having your attorney present evidence on your behalf. This is to show that you did not intend on driving while impaired. Your attorney might be able to negotiate a plea bargain with the prosecution in which they agree to reduce the severity of your DUI and possibly have it dropped altogether.
This will depend on things such as your past criminal history and present circumstances. Your attorney can present your case to the prosecutors and potentially have your DUI charges lessened or even dropped. If they refuse to agree, taking your case to trial may be the only other recourse.
Attend Alcohol Education or Rehabilitation Programs
Enrolling in alcohol education or treatment can demonstrate to prosecutors that you are taking responsible steps to improve your behavior. Depending on the severity of the incident, prosecutors may agree to dismiss the charges in exchange for a rehab program, probation, or community service.
It is important to note, however, that participation in these programs is not a guarantee that your charges will be dropped. In some cases, you may then be required to plead guilty or no contest to a lesser charge. Ultimately, enrolling in these programs can help build a case for the defense and allow you to take responsibility for your actions in a way that is beneficial to both you and the court.
Get Your DUI Charges Dropped the Right Way
Overall, getting your DUI charges dropped is possible with the help of a knowledgeable and experienced attorney. Take the time to research local options and plan to get the best chance of a good outcome. Don’t hesitate to reach out to your local DUI attorney for assistance and find out what options are available for your particular case.
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Rachel Dixon works on Business, travel and features blogs at Daily Mid Time and Zobuz. She has passionate for travelling and cooking. Spending time with family as well as on internet to enhance her capabilities for well orientated content creation and blog writing.