If you have been arrested for a DUI, you are likely wondering about the likelihood of having your charges reduced or your case dropped. If you are a first-time offender, you are probably wondering what are the chances of the case getting dismissed or even having the charges reduced. In this article, we will look at the chances of getting DUI dropped or reduced to reckless driving.
What Are the Odds of Getting DUI Dropped?
The chances of getting DUI dropped in Arizona can vary significantly depending on several factors. Usually, a dismissal of the case can either come from the court or from the office of the district attorney. However, there must be a reason to dismiss. Depending on the nature of your case, some of the reasons you may give to increase the odds of getting DUI dropped include:
- The strength of evidence the arresting officer has against you
- The circumstances surrounding your DUI arrest
- Your blood alcohol content (BAC) at the time of arrest
- Quality of your legal representation
- Your prior criminal record
While there are chances that your DUI can be dropped, the odds are still very low. In most cases, you are more likely to get a reduction of the charges than a complete dismissal. Nonetheless, the odds of getting your DUI charges dropped are still worth fighting for, especially if this is your first offence. For instance, if there were anomalies or errors in your DUI case, then the chances of getting it dropped are higher. It could be an error in the breath test results, lost evidence, or even the initial stop of the vehicle by the police officer being done illegally.
How Often Are DUI Charges Reduced
Your chances of getting DUI reduced to reckless driving are slightly higher than having them completely dropped. In plea bargaining, the prosecution may be open to negotiating the case. This can result in a reduction of the DUI charges or penalty. However, you will need an experienced DUI attorney to negotiate on your behalf to reach a favorable outcome.
Although the exact percentage of DUI charges that get reduced tends to vary greatly, most cases result in some form of reduction or dismissal. Up to 40% of DUI cases are reduced to lesser charges, with a few of them being dismissed entirely. Since most DUI cases tend to be lengthy, the outcomes are also influenced by many factors.
Can I Get My First DUI Dismissed?
If you are a first-time offender, your chances of getting DUI dropped are higher than repeat offenders. However, every DUI case is taken seriously, and the dismissal is never guaranteed. The outcome of your case will mostly depend on the evidence presented against you and the quality of your DUI lawyer. Some of the strategies that may increase the chances of getting DUI dropped in Arizona include:
- Challenging the legality of the traffic stop
- Disputing the reliability of blood test results or the accuracy of the breathalyzer
- Questioning the accuracy of field sobriety tests
- Arguing that your rights were violated during the arrest
- Identifying procedural errors during the arrest or booking
- Presenting evidence of a health condition that could have affected test results
Although the odds of your DUI charges getting dropped are higher for first-time than repeat offenders, you will need to work with an experienced DUI attorney. They will examine all the details of your case and build a strong defense strategy for the best possible outcome.
The District Attorney’s Office will usually elect to dismiss a DUI case in Arizona due to insufficiency of the evidence or in the interests of justice. In other words, they will often not dismiss a case unless they believe that they cannot prove it at trial. For instance, your blood tests may come back from the laboratory and show that it is below 0.08% BAC. Based on the other evidence gathered for your case, the provability of the case, and your prior record, they may elect to dismiss it. In such a situation, the decision is usually made on your first day in court.
An Experienced DUI Attorney Can Help Get Favorable Outcomes
Being charged with a DUI can leave you worried about the outcomes of your case. Although there are chances your charges can be reduced or dropped completely, it is more difficult if you represented yourself. At Schill Law Group, we are committed to finding the best defense for your case. Get in touch with our experienced DUI attorneys who will try their best to beat your DUI charge or at least have it reduced.