Can I get my DUI charges reduced or dropped? 12 Answers as of July 16, 2012

I understand the severity of driving under the influence. I was pulled over on my way home from graduation, and was pulled over a couple blocks away from home. I was asked to perform a field sobriety test, then a breathalyzer test. However, as I was taken into custody, I was not read my rights, nor was I given a specific reason for being pulled over. The officer was kind enough to drive my car to a nearby parking lot. But I've never heard that being done before and wanted to see if that's even appropriate of them to do. I work over 70 hours a week, driving from places to places, I can't afford to lose my license nor job(in a hospital). Any advices on what could be done here to help my chances??

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
A good attorney cannot tell you your chances without knowing more facts. Most times a DUI can be reduced or won at trial. However, to go to trial.could cost you a lot of money. You should have a free evaluation of your case. On a DUI stop the officer needs to give a reason for the stop in his report. That report will be available for your attorney at your first court hearing. The officer only needs to read you your rights if he is going to question you.
Answer Applies to: California
Replied: 7/16/2012
Law Office of Jared C. Winter
Law Office of Jared C. Winter | Jared C. Winter
Your question is what can be done to help your chances. The answer is obvious. Hire a criminal defense attorney to handle this. DUIs are not good cases to do yourself. The consequences can be very severe, especially for someone like you that drives for a living.
Answer Applies to: California
Replied: 7/16/2012
Law Office of Anthony Roach | Anthony Allen Roach
The police are not required to give you Miranda warnings prior to arrest. They are only required to read you your rights prior to custodial interrogation. If all they did was transport you to jail for booking and incarceration, then they did not have to read you your rights. If they questioned you while you were in custody, however, then they had to read you your rights. Your option, other than having the officer park the car, was to have it towed to impound.
Answer Applies to: California
Replied: 7/16/2012
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
You got a decent cop who could have had your car towed and then you would spend a fortune on bailing it out. Not being read your "rights" doesn't mean a damn thing. Unfortunately tv has made people think this is important or can get the case dismissed. Fantasy. It is ONLY important if you made a statement, confession and they didn't read you your rights first. Then you can suppress the statement. Otherwise, no harm no foul.
Answer Applies to: California
Replied: 7/16/2012
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
You need to hire a DUI specialist, and you need to do it soon because you have only 10 days to save your license (read the pink slip carefully).
Answer Applies to: California
Replied: 7/16/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You will need to retain counsel. Failure to read you your rights does not defeat the prosecution's case.
    Answer Applies to: California
    Replied: 7/16/2012
    Steven Alpers | Steven Alpers
    You only have to be read your rights if you are in custody and the police want a statement. They don't have to say why you were pulled over. The chances of reduction depend on how you were driving, how you did on your field sobriety tests and how you did on your breath test. There is a minimum 30 day suspension if you do not get the dmv to set aside the suspension. You must request a dmv hearing within 10 days or your arrest.
    Answer Applies to: California
    Replied: 7/16/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    CAN the case end up being reduced or dropped? Sure. Is that likely, just because you want it? No. The police and prosecutors don't spend time and money arresting, charging and prosecuting cases only to drop them without a fight, and a reason to do so. DUI is probably the most frequent criminal arrest, and the best documented in police reports done by officers trained in what to say. Was your Blood Alcohol level as tested very low? Did you have no visible indication of alcohol or other drugs? Were you free of odors, bloodshot eyes, imbalance, speech and thought difficulty, etc, etc. Was your performance on the Field Sobriety Tests good according to the officers at the time? If it was, why were you arrested? Do you have independent witnesses to contradict the expected reports and testimony of the officers as to any of the tests, and to your driving performance, and to your conduct and attitude with the officers? You will be surprised to find how detailed the police report is concerning your observed inebriated and impaired condition and driving. If you can provide me some of those defense factors, then yes, you have a chance of beating this. Any advices on what could be done here to help my chances? Sorry, but the only thing that would have helped is to not be found driving after any drinking. Police don't have to say or explain anything to you, before or after arrest. Too much TV cop show 'reality' misinforms the public about the real system. You would have an evidence suppression issue only if prosecutors seek to introduce into evidence a statement or confession obtained after arrest without first advising you of Miranda rights. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the DMV, or the court upon conviction. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. Effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.
    Answer Applies to: California
    Replied: 7/16/2012
    The Law Offices of Victor J Mazzaraco
    The Law Offices of Victor J Mazzaraco | Victor J Mazzaraco
    Cop did you a big favor taking care of your car, or you'd be looking at a significant fee getting it from impound, and would be w/o it until you did. They don't have to say why they stopped you and they don't have to give you a ticket for it (and usually don’t) if they arrest you for a dui instead of the speeding or weaving or whatever it was you were allegedly doing to get their attention. Miranda warnings come into play when and if they use your statements against you - here; the blood test will do their talking for them. If driving is a privilege you cannot lose, you cannot do anything to endanger that privilege. Your best bet is to hire me and let me do what I do and get it reduced to a speeding ticket or something equivalent by challenging the initial stop with a 1538.5 motion to suppress evidence. If the stop can be proven illegal all and any evidence obtained thereafter is inadmissible - field tests, blood tests, statements, even their own observations.
    Answer Applies to: California
    Replied: 7/16/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Depends on a lot of factors you haven't mentioned in your email. You need to consult with a dui lawyer in your area. Like everything important in your life: You need to fight to keep your license.
    Answer Applies to: California
    Replied: 7/16/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    This is definitely not going to be a do-it-yourself project. You're going to need a local criminal defense attorney that routinely practices in the court where your case will be heard. First - do not miss the 10 day window to request a hearing with the DMV or they will automatically suspend your license for 4 months no matter what happens in court. When you were arrested, the police likely took your driver's license and issued a temporary license (the pink 8 1/2 x 11 paper). That is the only notice of the 10 day period you have to request a hearing with the DMV. The DMV and court are separate and you must fight both. Regarding your court case and getting it reduced or dismissed - without seeing the reports or knowing your blood alcohol level, your question is impossible to answer. There are two DUI charges - 23152(a) and 23152(b). The (a) section makes it illegal to drive while under the influence of alcohol and/or drugs. There is no magic number for that charge. You could be a 0.07% (under the "legal limit"), but if you're intoxicated and cannot operate your car adequately, you could potentially be charged with and convicted of that count. The (b) count is driving with 0.08% or more in your system. That doesn't have anything to do with how well you were driving - it is just about whether you were at or above the limit. You could be driving perfectly and be pulled over for a broken tail light, but if determined to be at/over 0.08%, you could be charge with and potentially convicted of that section. Both count the same on your record and both carry the same punishment (in fact, you cannot be punished for both since they arise from the same facts). If your case is reduced, it could mean keeping your license, avoiding all the harsh DUI penalties, etc. Will it be? That depends on the facts of the case (including your blood alcohol level), what defenses you may have (challenges to the validity of the initial stop, the investigation, the accuracy of the alcohol results, etc.) and what other mitigating factors you may have in your favor. The only way to truly assess your case is to sit down face to face with a local criminal defense attorney. Again - Don't miss that 10 day window to contact the DMV.
    Answer Applies to: California
    Replied: 7/16/2012
Click to View More Answers: