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September 20, 2013

Defensive Strategies To Get DUI Charges Dropped

Category: Driving Law, DUI/DWI, Uncategorized | Tags: , , ,

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After being arrested for a DUI or DWI, you will be required to appear before a judge for arraignment. It is in your interest to find out the possibilities on how to have your DUI charges dismissed. Not only are such charges extremely expensive and serious, but they are also very stressful, humiliating and upsetting. If you’ve been arrested for a DUI, it’s vital that you do your best to get the DUI charges dropped. Below are the steps to help you achieve this.

Defensive Strategies To Get DUI Charges Dropped

1. Determine if you’ve got a defense
The first step in dropping DUI charges is to determine if you’ve got a legal defense. If you have one, you may manage to get the prosecutor to drop the charges against you. Defenses to DUI can include:

  • Involuntary Intoxication, for instance if your drink was spiked.
  • Duress, such as driving so as to prevent bodily injury or death from occurring.
  • Mistake of Fact, for instance if you were mistaken regarding the fact that you were under the influence.

2. Plea bargain
Perhaps the most common way to avoid a DUI conviction is via a plea bargain. This is an agreement between the prosecutor and the defendant, where the defendant pleads guilty, normally to lesser charges. With DUI charges, one may plead guilty to lesser charges of speeding or can plead up to more serious charges of careless driving, so as to avoid having DUI on your driving record.
3. Challenge the traffic stop
To stop a driver, any officer should have an articulate and reasonable basis to believe that a traffic law has been violated. Not only should the officer give a reason for the stop, but should also be able to make the reason clear. If the stop is seen to be unreasonable, the evidence obtained due to the stop will be ruled inadmissible in Court and the case will be dropped.
4. Challenge the officer’s suspicion that you were under influence
To establish a reasonable suspicion that you were found under drug/alcohol influence, the officer will say that he smelled alcohol, your eyes were bloodshot and/or your speech was slurred. If you are able to establish that an illness, mouthwash or allergies caused the smell of alcohol, bloodshot eyes or slurred speech, you may have some sobriety or the results of blood test ruled as inadmissible in Court and the judge may find you innocent.
5. Hire a professional DUI defense lawyer
Despite the fact that a lawyer can be expensive, in cases of DUI charges, it is the best option for your driving and criminal record if you spend money and hire an experienced attorney in DUI defense.
It is vital that an individual facing pending DUI charges fully understand why it’s important to fight for having the DUI charges dropped. It is also very important to drop the charges as fast as possible, since the legal costs accumulate very fast and a conviction or a guilty plea will hugely increase the costs. Simply follow the aforementioned steps to help you have your DUI charges dropped.
To learn how you can protect yourself from DUI charges, contact Daniel C. Miller Attorney at  (816) 875-0470 to consult an attorney.