Many people feel like getting charged with a serious crime is the end of the world, especially when it’s a DUI charge. The idea of facing thousands of dollars in fines and spending time in prison feels awful.
Although it can seem like a situation that can ruin your life, for most people, it’s not. Getting a DUI is a terrible experience and can be quite traumatic. It’s not something to take lightly, but it doesn’t mean your life is over.
You can get DUI charges reduced
Just because you get charged with a specific offense doesn’t mean all the charges will stick. It’s possible to get your charges reduced even if you’re facing a DUI. Although, you’ll need to be represented by a skilled DUI attorney if you want a chance at getting reduced charges. It takes knowledge of the law, experience, and skill to achieve this, which is why it’s best left to your lawyer.
With the help of a DUI attorney, many people are able to get their charges reduced to reckless driving. Often, this requires a plea agreement where you plead guilty to a lesser charge in exchange for not getting a DUI conviction. This is good news if you’re worried about getting a DUI on your record. Reckless driving doesn’t look good, either, but it carries less stigma.
While it’s possible to get your charges reduced, if you’ve hurt or killed anyone, it’s less likely. Most of the time, to get charges reduced, you’ll need to meet the following criteria:
· No prior drunk driving convictions
· A BAC close to the legal limit and not extremely high
· You didn’t cause any injuries, fatalities, or a collision
· Some of the evidence in your case is problematic
You can get DUI charges dropped
There are several ways your DUI might get dropped. There’s no guarantee, but it does happen. Here are some of the circumstances in which a DUI charge can get dropped.
· The prosecutor thinks there isn’t enough evidence to get a conviction. In this case, the prosecutor won’t move forward with a case because it probably won’t turn out in their favor. This usually happens when a person takes a blood alcohol test and the results show that you were not above the legal limit.
· The state can’t meet the burden of proof. It’s the state’s responsibility to prove that you are guilty, and if that doesn’t happen, DUI charges will be dropped.
· The statute of limitations has passed. Each state has a set period of time in which charges must be filed. Usually, this is between 2-4 years. If anything happens to stall the process, and that time period passes, the prosecutor will have no choice but to drop the case.
· The evidence against you was collected illegally. Whether your charges began with an unlawful traffic stop, no probable cause, an officer who didn’t follow DUI checkpoint procedures, or evidence being collected against state law, evidence collected illegally isn’t admissible in court. If the prosecution only has evidence that wasn’t collected legally, the prosecutor will have to drop the case against you.
Unfortunately, people are arrested and charged with a DUI even when they haven’t been drinking. Sometimes this is caused by officer misconduct, but it’s not always intentional. If this is your situation, as long as you have an attorney, there’s a chance you can get your charges dismissed.
A DUI won’t necessarily stay on your record
In some states, a DUI cannot ever be expunged from your record. For example, in Tennessee, you can have your records sealed if you were not convicted, but you can’t have your record expunged. On the other hand, states like California, Arizona, and Connecticut allow expungements under specific circumstances.
First-time offender? There are diversion programs in most states
Additionally, some states have DUI diversion programs for first-time offenders where you can admit guilt, pay a fine, complete a counseling program, and do some community service to avoid a conviction. If you’re offered this option and complete the program, you won’t have your driver’s license suspended and once you’re done with the program, your charges will be dropped.
A DUI doesn’t have to ruin your life
If you’ve been charged with a DUI and you can’t get your charges dropped, you’re going to have to face the consequences of your actions either with jail time, fines, or both. However, once you get through this, you can start rebuilding your life. It’s going to be tough, but it’s not the end of the world.