How can I find out if I can get DUI charges dropped?

Need Professional Help? Talk to a Local Defense Attorney.
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
searchbox small

Question:

How can I find out if I can get DUI charges dropped?

Answer:

Knowing how to get DUI charges dropped is not easy. DUI charges are serious business. They aren't just a traffic citation, like a ticket, that you can plea bargain down or go to traffic school and pay a little fine to get out of. DUI charges are criminal charges, with accompanying frightening criminal penalties like jail time. Because of the major penalties that you can face (especially with subsequent offenses), many people wonder if it is ever possible to get DUI charges dropped.

The reality is that sometimes it may be possible to get these charges dropped, but you will need to have a very, very good reason for doing so. Some examples of potential defenses that you may be able to raise to DUI charges include:

  • A rising BAC defense. When you stop drinking, your BAC doesn't just automatically stay at the level of alcohol that is in your blood at that moment. As your body metabolizes alcohol, your BAC can actually keep going up for a while after you have your list sip. This means that if you are not tested at the exact time when you are behind the wheel, your BAC at the time you were tested may not be the same as it was when you were driving. If your BAC is close to the legal limit, you can argue that you were actually below it when you were driving
  • A probable cause defense. The Constitution guarantees US citizens a number of rights, and one of those is the right to  be free from unreasonable search and seizure. If a police officer gives you a BAC or other alcohol test without probable cause to do so, this can be an example of unreasonable search and seizure and any evidence collected in violation of your Constitutional rights will not be admitted in court. 

To get help raising these defenses, or for other assistance and advice on whether you can get DUI charges dropped, consult with a criminal DUI lawyer as soon as possible. 

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


Get Informed: DUI and Driving Laws


Popular Topics

Driving Laws by State - Find your states laws on a variety of traffic issues.
DUI & DWI Laws - Learn about the penalties and laws associated with a drunk driving charge in your state.
Cell Phone and Texting Laws - State laws on texting and using your cell phone while driving.
Car Insurance Requirements - Learn about the insurance requirements in your state.
Speeding Laws - Learn about the basic speeding laws in each state.
Teen Driving Laws - Learn about your states driving laws for teens.

Get Professional Legal Help


LA-WS4:0.9.22.120430.13848