5 Things To Do To Increase The Odds Of Getting DUI Dropped
Were you just charged with driving under the influence (DUI) and you’re unsure of what to do? Are you wondering whether you can get the charges dismissed by pleading not guilty to DUI? What are your chances of getting out of this messy situation? DUI charges can indeed be scary, especially to the first-timer.
They also pose both long and short-term consequences. For example, a DUI charge may warrant a short-term suspension of your driver’s license. It could also affect your chances of securing an employment opportunity in the future.
According to the NHTSA, “1.5 million people are arrested for being under the influence every year”. This equates to one out of every 120 drivers in the world. These odds mean that there’s a high chance that you’re probably not alone as you try to fight against your DUI charges.
This article discusses the things to do to increase the chances of winning a DUI case and getting those charges dropped. Understanding these basic principles will give you a solid framework upon which to build your defense. However, let’s first consider what DUI cases are.
Table of Contents
What Is DUI?
DUI could mean you’re Driving Under the Influence of either alcohol or drugs. These drugs could be over-the-counter medications or illegal drugs.
A DUI can either be charged as a misdemeanor (minor wrongdoing) or a felony (serious charge). DUI laws vary in each state, however, in most cases a first-time DUI convict is charged with a misdemeanor. However, if you have been convicted before, chances are that you’ll be charged with a felony.
There are certain exceptions to the laws which determine the penalty you receive. For example, you’ll be charged with a felony if any of the following occurs while you’re under the influence:
- You injure or kill a person
- You have an elevated blood alcohol level. The value for a highly elevated blood alcohol level depends on the state. This value is 0.08% in some states and 0.16% in others
- You violated other laws like driving under a revoked, suspended, or restricted license
- There’s a child in the car with you
- You’ve had previous cases of DUI convictions
However, irrespective of the charges against you, DUI is considered a very serious offense. A DUI charge could mean a temporary suspension of your license or even affect your insurance rates. So, to avoid these punishments, how do you win your DUI case?
Types Of DUI
There are several types of DUIs based on the circumstances of the offense. These include aggravated DUI, felony DUI, commercial DUI, first-time DUI, and underage DUI. Each type has specific criteria and penalties, depending on factors like age, license type, prior offenses, or alcohol levels.
Aggravated DUI
An aggravated DUI is a more serious charge than a standard DUI. You can face this charge if certain factors are present, like a very high blood alcohol concentration (BAC), typically 0.15% or more. It also applies if you were driving on a suspended license, caused an accident that injured or killed someone, or had prior DUI convictions. Aggravated DUIs come with harsher penalties, such as longer jail time, bigger fines, extended license suspension, and mandatory alcohol education. If charged with this offense, you should seek legal advice immediately to understand your options.
Felony DUI
A felony DUI is a serious crime. It happens when you drive under the influence, and certain factors make the offense more severe. These factors can include causing injury or death to someone, having multiple prior DUI convictions, or driving with a very high blood alcohol concentration (BAC). For example, in many states, a third DUI offense is charged as a felony. Penalties for felony DUIs are much harsher than for misdemeanors. They can include long prison sentences, large fines, and loss of driving privileges.
Commercial DUI
A commercial DUI occurs when a driver with a commercial driver’s license (CDL) operates a commercial vehicle with a blood alcohol concentration (BAC) of 0.04% or higher. This limit is stricter than the 0.08% BAC threshold for non-commercial drivers. Penalties for a commercial DUI are severe and include suspension or revocation of the CDL, substantial fines, and possible jail time. Even if the offense occurs while driving a personal vehicle, it can still impact the individual’s commercial driving privileges.
First-Time DUI
A first-time DUI (Driving Under the Influence) offense is serious. If you’re caught driving with a blood alcohol concentration (BAC) of 0.08% or higher, you can face penalties. These may include fines ranging from $500 to $2,000, a license suspension of several months to a year, and mandatory attendance in alcohol education programs. Some states also require installing an ignition interlock device (IID) in your vehicle, which prevents the car from starting if alcohol is detected on your breath. Jail time is possible but often minimal for first offenses.
Underage DUI
An underage DUI occurs when a driver under 21 operates a vehicle with any detectable alcohol in their system. Many states enforce “zero tolerance” laws, meaning even a 0.01% blood alcohol concentration (BAC) can lead to charges. Penalties often include fines up to $1,000, license suspension for 30 days to a year, mandatory alcohol education programs, and community service. Some states also impose jail time, especially for repeat offenses. The laws aim to deter underage drinking and driving, emphasizing safety and legal responsibility.
Do These To Increase The Odds Of Getting DUI Dropped
Winning a DUI case isn’t an easy feat to accomplish but it’s not impossible. These are five things to do to help increase the “odds of getting DUI dropped”
1. Don’t Speak To The Police
Do you feel the need to start pleading your case to the police or trying to bribe your way out? Don’t! This action isn’t advisable when you’re arrested, or else you’ll be digging your grave.
Instead, keep your cool, and be calm and silent. Statements you make during your arrest can be used to pin you down in court. On the other hand, your silence would probably save your skin in court.
2. Get An Experienced DUI Attorney
If you have been confronted with a DUI case, you probably have many questions. Your attorney helps clarify those questions, including how to respond to a summons. An experienced attorney helps you through your journey as you try to get your DUI charges dismissed. You could choose to hire either a private attorney or work with a public defender.
Public defense attorneys come at a cheap price, however, they’re usually busy because they handle several cases. A private defense lawyer, on the other hand, is expensive but could represent you in a demeanor case. Therefore, your physical presence in a hearing for a demeanor case isn’t required with a private attorney.
Also, while all attorneys have passed the bar exam, it’s generally not advisable to settle for any attorney. It’s best to hire an attorney who’s knowledgeable in DUI cases. It’s essential to choose a DUI attorney who has a successful track record in handling DUI cases and can provide you with personalized attention and support throughout the legal process.
3. Take A Detailed Record Of Everything That Transpired
What did you say to the police when they pulled you over? How did the police speak to you? Were you in any way forcibly told to do anything? Once you’re released ensure you write these down to avoid forgetting any information. This information though seemingly insignificant will help you plead your case in a court of law.
4. Get Potential Witnesses And Gather Relevant Evidence
Chances are that if you were arrested for DUI, you were either coming from a restaurant or a friend’s home. There’s a possibility that people were with you before you were arrested. Once you’re released, create a list of people you met and the places you went. These people will be useful witnesses to testify for you in court.
Also, you can start gathering evidence and getting your alibi straight. However, it’s advisable to share any evidence you gather with your attorney. Your attorney should also know about the witnesses you’ve chosen to testify for you.
5. Stay Out Of Trouble
Most people tend to flaunt this singular rule and this results in the low rate of DUI case dismissals. So, how often are DUI cases dropped? Statistics show that some DUI conviction rates were as low as 63% while several were above 85%.
However, the rate of DUI dismissals was around 1.5%. This low rate of DUI dismissals could be attributed to laws the convicts break while they’re undergoing trial.
Irrespective of the magnitude of the DUI charge, it’s best you stay out of trouble during the period. This rule also applies to first-timers, because that’s how to get out of a DUI first offense quickly.
How To Decrease The Odds Of Getting DUI Dropped
To decrease the odds of getting a DUI dropped, avoid self-incrimination, stay calm, and consult a lawyer before speaking to authorities. This section highlights the procedure for how you can decrease the odds of getting a DUI dropped.
Avoid Incriminating Behavior
During a DUI stop, avoiding behaviors that could incriminate you is crucial. Stay calm and polite; avoid sudden movements or confrontational language. Provide your license, registration, and proof of insurance when asked, but refrain from volunteering additional information. You have the right to remain silent and politely decline to answer questions about your activities or alcohol consumption. Field sobriety tests are voluntary; you can refuse them to prevent providing potentially incriminating evidence.
Refrain From Self-Incrimination
During a DUI stop, it’s crucial to avoid self-incrimination. You have the right to remain silent, protecting yourself from providing evidence that could be used against you. Politely inform the officer that you choose to exercise this right. Limit your responses to providing identification and necessary documents. Avoid discussing your activities, alcohol consumption, or other potentially incriminating details. This approach helps prevent unintentional admissions of guilt.
Avoid Talking To Authorities Alone
During a DUI investigation, it’s crucial to speak to authorities with a lawyer present. Law enforcement may ask questions designed to gather evidence against you. Without legal counsel, you might unintentionally say something incriminating. Politely inform officers that you wish to consult with an attorney before answering any questions. An experienced DUI attorney guides you through the legal process, advises you on how to proceed, and represents your interests effectively.
Do Not Miss Court Appearances
Missing a DUI court date leads to serious consequences. The judge may issue a bench warrant for your arrest, allowing police to detain you at any time. Additionally, failing to appear results in increased bail amounts and potential suspension of your driver’s license. To avoid these repercussions, attend all scheduled court appearances or, if necessary, reschedule in advance. Consulting with a legal professional helps ensure you meet all court obligations and maintain compliance with legal procedures.
Avoid Repeat Offenses During the Process
Committing another DUI offense while your current case is ongoing can severely harm your defense. Repeat offenses often lead to harsher penalties, such as longer jail time, higher fines, and extended license suspensions. Additionally, the court may view you as a habitual offender, reducing the chance of leniency. To improve your chances of a favorable outcome, avoiding any further legal issues during this period is crucial. Maintaining lawful behavior demonstrates responsibility and respect for the legal process, which can positively influence your case.
FAQs
How Can A Lack Of Evidence Help Get A DUI Dropped?
A lack of evidence can help get a DUI dropped by weakening the prosecution’s case. If there is no clear proof of intoxication, such as accurate breathalyzer results, field sobriety test errors, or missing police reports, the charges may be dismissed.
Can You Get A DUI Dropped If You Refused A Breathalyzer Test?
Yes, you can get a DUI dropped if you refused a breathalyzer test, but it depends on the case. Refusing a test leads to penalties, but it also limits the evidence against you. If the police did not follow proper procedures, your lawyer may argue for the charges to be dismissed.
Can A DUI Be Dropped If There’s No Reasonable Suspicion To Stop The Vehicle?
Yes, a DUI can be dropped if there’s no reasonable suspicion to stop the vehicle. Police must have a justified reason to pull you over, like a violation of traffic rules or reckless driving. If the stop was illegal, evidence collected afterward may be inadmissible, leading to dismissed charges.
Conclusion
Are there steps you must take to improve your chances of getting a DUI dismissed? For starters, keep your calm when you’re arrested by the police. Next, speak to your DMV and hire an experienced attorney. Ensure you have a detailed description of what transpired and eyewitnesses.
Finally, even as you attend your court hearings, stay out of trouble. You probably wouldn’t understand but these simple principles increase the “odds of getting DUI dropped”.
