Did you know that several factors, including jurisdiction, the quality of evidence, legal representation, and procedural mistakes, can influence the percentage of DUI (Driving Under the Influence) cases that get dismissed. While a smaller percentage are dismissed completely, in some areas as many as 40% of DUI cases are lowered to lesser charges like reckless driving.
In Georgia, not many DUI cases are dismissed. Each year, the percentage of DUI cases dismissed in Georgia is less than 5% of all cases in the state. For a DUI charge to be dropped, you must demonstrate the violation of your rights or the inadequacy of the arresting officer’s evidence. You must show that the police had no reason to stop you or that the field sobriety tests were wrong.
Let’s look at how you can possibly get your DUI charges dropped:
Understanding DUI Charges and Their Implications
Penalties for a DUI conviction can include heavy fines, license suspension, or even jail time. The more you know about DUI penalties, the better you can prepare for a charge. A DUI that results in death can become a criminal charge, which can hold back job and travel opportunities.
CDL DUI lawyer Jeff Marshall says the standards for what constitutes a DUI are different and stricter for drivers of commercial vehicles. In Florida, for example, a CDL driver’s blood alcohol content, or BAC, should not exceed 0.04%.
Meeting with a lawyer may also result in clarifying how cases similar to your own can be handled as well as other potential defenses for the charges you’re facing.
Statistics on DUI Case Dismissals
Statistics indicate that approximately 30 to 40% of DUI cases result in the dismissal or reduction of charges, depending on the jurisdiction and circumstances. Sometimes, simply due to procedural errors or due to insufficient evidence, cases get dismissed. Approximately 10% of cases will also result in an acquittal after a trial.
Being aware of these statistics can empower you and affect your decisions while going through the legal process.
Factors Influencing DUI Dismissals
The main factors influencing the dismissal of a DUI case are
- If the officer had no reasonable suspicion, the case could be dismissed.
- Field sobriety tests may have been improperly done or breathalyzer results may have been inconsistent, which would weaken the prosecution’s case. Again, any violation of your rights during the arrest might also be good enough grounds to dismiss the case.
- The outcome can be swayed by witnesses standing for your version, too.
- The facts of your case themselves: those being, say, how much blood alcohol content you really had in your veins or whether there have been previous offenses.
All of these factors can weigh in a judge’s or prosecutor’s decision to dismiss the case.
The Role of Legal Representation
Skilled lawyers can make a significant difference in potentially getting your DUI charges dropped. An experienced attorney understands DUI laws and can find any weaknesses in the prosecutor’s case.
He or she will review evidence, challenge the detention tests, and protect your rights every step of the way. Your lawyer can negotiate plea deals or drop charges when possible. He or she will explain the legalities while standing with you in court and crafting a case specifically for your situation.
Having an expert by your side increases the likelihood of success, whether it’s through dismissal or reduced sentencing.
Potential Outcomes of DUI Cases
Your case could be dismissed on grounds of lack of evidence or procedural errors, or you may do a plea bargain and consequently get your charges or penalties reduced.
If it comes to trial, the jury could find you not guilty or guilty and thus levy fines, community service, or jail time. Otherwise, you can sometimes qualify for diversion programs that will erase any criminal records if you complete the terms.
Consult a lawyer to find out all your options. Protecting your rights require hiring a knowledgeable lawyer who can represent you and advocate for you.