A DUI is a serious offense… and it can have serious consequences. If you’ve got a DUI, either through a legitimate offense or due to what you feel was an unfair situation, you might be wondering if you can get DUI charges dropped from your record. After all, that’s the record that potential employers, landlords, and lenders see whenever they check your background. The answer is that yes, DUI charges can indeed be dropped, but it’s not necessarily a simple process. Considering the serious nature of the crime, it wouldn’t make sense for the court to make dropping the charges easy, but it can be done in situations where doing so is genuinely fair and legal.
Getting Your DUI Charges Dropped: Choose Your Angle
The first factor to consider is whether your DUI charge was genuinely valid in terms of you being in an intoxicated state while driving.
- If not, and if your DUI was a matter of a misunderstanding, an equipment malfunction, or some other type of mishap that produced the wrong outcome, your best bet in getting your charges dropped will be getting a lawyer and directly pursuing the solid evidence of the case. You will have the quickest route to clearing your name if you can produce facts that show the mistake that took place, and you shouldn’t waste your energy looking for other loopholes or ways around the charges. You’ve got facts on your side, so you’re luckier than many: use them.
- If, on the other hand, you were indeed in an intoxicated state but you have reasons for wanting the charge dropped from your record, then you’re going to have to find some other way to have the charge nullified. Keep in mind that these so-called “loopholes” are indeed very legal; they’re not games or tricks played on the court. They’re simply small failings of the court system that may have interfered with you getting justice, which will render your DUI charge invalid.
Look for loopholes such as the following:
- Was your car stopped on legal terms? An officer must have a valid reason to stop a car and test the driver; if you suspect discriminatory or other conditions were behind your stop, this may be your ticket to clearing the charge.
- Was the arrest done by the book? Were you read your rights, given breathalyzer tests using functioning equipment, and taken into custody according to standard rules? If not, any deviations from the normal could have been a violation of your rights that you can use to your advantage here.
- Did the trial proceed as it should have? Were you given access to a defense lawyer, and did the trial take place within the required time deadline? Any delays or unusual processes during the trial might be enough to render the charge invalid.
Getting Help
Getting a DUI dropped isn’t easy – nor should it be. For such a serious crime, it makes sense that only a genuine mistake or violation of your rights would be enough to get it removed from your background record. However, if you did experience a mistake or violation, then you can and should look into ways to get the DUI removed, so it won’t haunt you for several years into the future. Getting the help of an experienced DUI lawyer can also make it easier for you to get charges dropped, so it is important to consult with an attorney as soon as possible after your DUI arrest.
