5 Reasons Why Your DUI May Be Reduced Or Dismissed
Being arrested for DUI can be a stressful and anxiety-inducing experience. Dealing with the legal consequences and impact on your personal and professional life can be overwhelming. However, there may be ways to reduce or dismiss your DUI charge with a strong legal defense.
If you want to explore your options to get your DUI reduced or dismissed, contact Hawkins Spizman Trial Lawyers. Our Johns Creek DUI lawyers can evaluate your specific case and identify possible legal defenses that could help you.
Why Your DUI May Be Reduced or Dismissed
If you are facing DUI charges, it may be possible to get your DUI charges reduced or dismissed. Below are some of the key reasons why your DUI may be reduced or dismissed with the right legal counsel.
1. Illegal Stop
The Fourth Amendment protects citizens from unreasonable searches and seizures. In order for a police officer to pull you over, they must have reasonable suspicion or probable cause. If the officer did not have either, the stop may be considered illegal. If your stop was illegal, any evidence gathered after the stop, such as a failed breathalyzer test, may not be admissible in court. This could result in reduced or dismissed charges.
2. No Probable Cause for Arrest
If you were arrested for a DUI, the officer must have had probable cause to believe that you were under the influence. This typically includes observations of impaired driving, such as swerving, speeding, or running a red light, and physical signs of impairment such as slurring speech, swaying while standing, poor balance, and others. However, if the officer lacked probable cause for the arrest, any evidence gathered after the arrest may not be admissible in court. This could lead to reduced or dismissed charges.
3. Issues with The Evidence
In some cases, there may be issues with the evidence gathered by law enforcement during a DUI investigation. For example, the breathalyzer used to measure your blood alcohol concentration (BAC) may have been improperly calibrated or maintained, resulting in inaccurate readings. Additionally, blood or urine samples may have been mishandled or analyzed incorrectly. If there are issues with the evidence against you, your charges may be reduced or dismissed.
4. Improper Administration of the Test
In some cases, the officer may have improperly administered the DUI test, leading to inaccurate results. For example, the officer may not have followed proper procedures when administering a field sobriety test, leading to inaccurate results. Additionally, the officer may have failed to allow for an appropriate observation period before administering the breathalyzer test, also leading to inaccurate results. If there were issues with the administration of the DUI test, your charges may be reduced or dismissed.
5. No Evidence to Prove You Were Driving or Had Physical Control of the Vehicle
Lastly, the prosecution must prove that you were driving or in physical control of the vehicle while under the influence in order to secure a DUI conviction. If they cannot prove this, your charges may be reduced or dismissed. For example, if you were sleeping in the backseat while parked with the keys out of the ignition when the police arrived, they may not be able to prove that you were driving or in physical control of the vehicle while impaired.
Protect Your Future with a DUI Lawyer
If you are facing a DUI charge, there may be hope for a reduced or dismissed charge with a strong legal defense. Reach out to our skilled DUI defense lawyers to get help in navigating your legal defense options. At Hawkins Spizman Trial Lawyers, we serve clients throughout Georgia, including Johns Creek, Alpharetta, Atlanta, Sandy Springs, Dunwoody, and other cities across Cobb County, Gwinnett County, and Fulton County. Call 770-685-6400 to set up a free case review. Remember, it is never too late to fight your DUI charge and protect your future.