How often are drunk driving charges dropped? 62 Answers as of June 26, 2013

My son got a DUI and we want to be able to drop the charge. We don't feel like it was fair because on one of the tests he wasn't even over the limit. He was only pulled over for going 5 above. What are the chances here?

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Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
Prosecutors will not completely drop the charge unless there is so severe a problem with the case that they could not win. Most likely, they will offer to reduce it to a lesser offense which is standard for most counties. Going over the speed limit, even one mph, is enough to justify a stop. If he wasn't over the limit on one of the test that implies that he was over the limit on at least one other test. That's something you can always argue at trial. In any event, a lot is at stake and you need an experienced DUI attorney to represent your son. There may be errors in the report or results that only a trained eye could spot that could get the charges reduced or dismissed. A DUI attorney is a good investment.
Answer Applies to: Michigan
Replied: 8/24/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
That is impossible to answer. There are hundreds of factors that go into deciding what the outcome of a DUI prosecution will be. You need to confer with an experienced dui defense law firm and have a complete review of the entire case done for your son.
Answer Applies to: California
Replied: 8/16/2011
Law Office of Jonathan T. Sarre
Law Office of Jonathan T. Sarre | Jonathan T. Sarre
Based upon the information you provided, it sounds like your son has a defensible case but that doesn't mean the DA is going to just "drop" the charges. I would require more information to make a proper evaluation, such as which test he passed, which tests he didn't pass, did he take a breath test, if he did what was the result, etc.
Answer Applies to: Oregon
Replied: 8/16/2011
The Law Office of Kevin O'Grady
The Law Office of Kevin O'Grady | Kevin O'Grady
In Honolulu, the county prosecutor rarely drops cases and deputies are often under office policy to not drop any cases. DUI's, even on flimsy grounds, are often litigated strongly by the prosecutor's office. To have your best opportunity to defend, you should hire an attorney willing to do so, and not to just run the accused through the mill and lowball the cost and work performed.
Answer Applies to: Hawaii
Replied: 8/15/2011
Law Office of Andrew Subin
Law Office of Andrew Subin | Andrew Subin
Chances are the charge will be reduced to negligent driving if ti was his first offense and he was just over the limit (on one test). Do not plead guilty to DUI.
Answer Applies to: Washington
Replied: 8/15/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    It is really hard to answer your question without knowing more information. Most Courts, prosecutors and police officers are most zealous in prosecuting DUI arrests and they are seldom dropped.
    Answer Applies to: Alabama
    Replied: 8/15/2011
    Vermeulen Law office P.A.
    Vermeulen Law office P.A. | Cynthia J.Vermeulen
    Drunk driving or DWI/DUI charges are rarely dismissed by the prosecutor or the judge unless there are problems with the evidence. There are, however, numerous issues which may be challenged in these cases. This may include the validity of the testing method, test results, basis for the stop and many other issues. In order to pursue a more advantageous outcome, hire an experienced criminal defense attorney to represent your son.
    Answer Applies to: Minnesota
    Replied: 8/15/2011
    Russman Law
    Russman Law | Ryan Russman
    DWI cases are rarely dropped by the prosecution. The best way to resolve a DWI is to hire an attorney and contest the allegations in Court. Be advised that no lawyer can forecast the outcome of a particular case. If they do make a definitive prediction it is a good way to rule that person out from representing you.
    Answer Applies to: New Hampshire
    Replied: 8/15/2011
    Law Offices of Christopher Jackson
    Law Offices of Christopher Jackson | Christopher L. Jackson
    Very rare but possible depending on the facts. We would have to review all the facts and develop a defense to try and convince the county attorney to drop the charge.
    Answer Applies to: Kentucky
    Replied: 8/15/2011
    Law Office of Sara Sencer McArdle
    Law Office of Sara Sencer McArdle | Sara Sencer McArdle
    It is difficult to get a drunk driving charge dismissed however if he was not over the limit it will depiend on his age and other factors. You should insure that he has a lawyer. You can call me for further information.
    Answer Applies to: New Jersey
    Replied: 8/15/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    All depends on the attorney you retain. Suggestions on how to locate the right attorney:
    Answer Applies to: Georgia
    Replied: 8/15/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You have not given me enough information to advise you as to how to proceed. If he blew below the .08 legal limit he will probably be convicted of Impaired Driving, a violation, not a crime. His insurance will go sky high and he will lose his license for a period of time. If he passed some of the field sobriety tests he will have a better chance of avoiding a DWI conviction. Unless he blew under a .05 he will not be able to have the charges dismissed.
    Answer Applies to: New York
    Replied: 8/15/2011
    The Law Office of Eric R. Chandler, P.C., L.L.O.
    The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
    In Nebraska, zero tolerance DUI's are not often prosecuted. If your son was truly under the legal limit on the official test, his DUI will be dismissed unless the prosecution believes he was under the influence of something else such as marijuana. My guess is that he failed the Data Master test, which is the second test and the one that counts. If so, it depends on his test result. If his alcohol level was less than .088, then the prosecutor's office will likely decline charges. If it is .088 or over, then your son will be facing prosecution for DUI. Why he was pulled over is a separate issue.
    Answer Applies to: Nebraska
    Replied: 8/14/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Of course you want the charge dropped. Everybody wants their charges dropped and most people do not feel that their charges are fair. There is no way anyone can guess what the chances are of having the charges dismissed or even winning at trial if that are not dismissed - especially on this website - because we do not know the claims that the officers are making or any facts other than what you have provided. If your son is charged with DUI - driving under the influence of alcohol - then he is under 21. If so, then it is ZERO tolerance in Texas. A minor (under 21 in the instance of DUI) cannot have consumed any alcohol and then drive a vehicle. There is no pass / fail. If he blew the breath test and blew anything over .00, then he violated the law.) If your son is charged with DWI - driving while intoxicated by alcohol or drugs or a combination, then he could be any age. Intoxication is the loss of the normal use of mental and / or physical faculties due to the introduction of alcohol, drug, or a combination into the body. It means that someone is less than normal. There is a presumption if someone blows .08 or higher that they are intoxicated (although this is rebuttable.) There is not only the issue with the DWI but also there will be license suspension issues. You need to hire a lawyer for your son and be realistic about what the lawyer can and cannot do. It may take a trial to settle the matter. Prosecutors are not quick to dismiss charges.
    Answer Applies to: Texas
    Replied: 8/14/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    This depends upon the specific details of the case and varies on a per case basis. Generally, it may be difficult to have charges dropped altogether but for first offenses it may be possible to have them reduced to something less serious (speeding, reckless operation, etc) in return for the completion of some sort of diversion program or another form of pre-trial negotiation. This is something that an attorney in your specific jurisdiction will be able to advise you toward.
    Answer Applies to: Louisiana
    Replied: 8/13/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    It depends entirely on the evidence. If his BAC is above .08 it will be very difficult even if his stop was marginally legal. You need to retain a top certified criminal law specialist to represent him.
    Answer Applies to: California
    Replied: 8/13/2011
    The Law Office of James McKain
    The Law Office of James McKain | James McKain
    Possible, but it depends on other facts. When deciding whether or not to charge a DUI prosecutors look at a lot of factors, once a charge has been filed it is less likely they will drop that charge of their own volition, rather, if it is going to get dropped someone needs to show them a good reason it needs to be dropped. Just so you know, there are two ways to be found guilty o DUI: (1) if your BAC is over .08 OR (2) if your driving was effected to any appreciable degree by drugs or alcohol. That being the case it is entirely possible to be convicted of a DUI even if both of the samples measured at below .08, although that situation is a much weaker case for the prosecutor. Contact an experienced DUI attorney so you can discuss the facts of your case in a confidential setting.
    Answer Applies to: Washington
    Replied: 8/12/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    OWI charges are rarely dismissed voluntarily by the prosecutor today. If you believe your son has a good defense, he should retain a competent criminal defense attorney to review the matter and make any appropriate pre-trial motions to supress evidence and/or dismiss the charges.
    Answer Applies to: Michigan
    Replied: 8/12/2011
    Michael R. Nack, Attorney at Law
    Michael R. Nack, Attorney at Law | Michael R. Nack
    First of all, your son needs the best defense attorney he can afford. The attorney will interview your son and any witnesses, review all of the evidence that the prosecutor has and then advise your son on any defenses that he may have. In some cases it is in the defendant's best interest to go to trial, and in other cases it is in the defendant's best interest to enter into a plea bargain in order to avoid any chance of being convicted. This is certainly not a situation where you or your son will be able to get adequate legal advice over a website like this one.
    Answer Applies to: Missouri
    Replied: 8/12/2011
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    I'd recommend that your son consult with an experienced, local criminal defense attorney who practices in the area where your son is being charged. Your son obviously needs specific legal advice. This answer doesn't contain specific legal advice. Everyone's particular case is unique. The prosecutor screens cases prior to issuing a warrant. However, cases do get dismissed for a litany of reasons, but again, it's contingent on a person's unique particular circumstances. In Michigan, speaking generally, there is no "legal limit" to drive under the influence of alcohol. The term "legal" limit is a misnomer because, in actuality, it just distinguishes between two different types of misdemeanors; one being a more severe charge with harsher sanctions than the other one. Granted, if a person's test results are lower than the "legal limit," they may only be actually guilty of a lesser offense, driving while impaired under the influence of alcohol. However, "driving while impaired" is still a misdemeanor punishable by jail time, fines, costs, license sanctions, probation, etc. The initial traffic stop is always a big issue in these types of cases. A well researched, timely filed motion to suppress evidence could have a large impact in the outcome of a particular case. The bottom line is that you should consider retaining an attorney for your son or recommending that your son ask the court for a court-appointed attorney.
    Answer Applies to: Michigan
    Replied: 8/12/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Usually, the courts rely upon the officer's expert opinion to convict a driver of DUI, however, if the breath test was substantially below the legal limit of .08, be stands a chance of having the charge amended to a lesser charge, as Reckless Driving, or certainly would be a candidate for supervision, which is not a conviction.
    Answer Applies to: Illinois
    Replied: 8/12/2011
    The English Law Firm
    The English Law Firm | Robert English
    You probably need an attorney. Generally, the prosecution doesn't simply drop charges. You said that on "one of the tests" he wasn't over the limit. Does that mean he was over the limit on a different test? There is also a provision under Vehicle Code 23152(a) that does not have a specific blood alcohol amount but rather focuses on the level of impairment.
    Answer Applies to: California
    Replied: 8/12/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    50% chance.
    Answer Applies to: Michigan
    Replied: 8/12/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    DUI cases are vigorously prosecuted. How often they are dropped depends strictly upon the particular facts of the case. Regarding your case, You don't say the age of your son. If he is under 21 then the breath test limit is .04. In any event, the breath test result is only one prong of the DUI statute. If the result is .08 or above (or .04 if you are under 21 or are a commercial driver) then the unless you can prove the test machine was not properly working and therefore inadmissible. If there is no breath test, for whatever reason, then the other part of the statute may apply. That part of the statute states ". or whose driving is affected to an appreciable degree". The prosecutor could proceed under that prong of the statute regardless of the test result. You best consult with an attorney.
    Answer Applies to: Washington
    Replied: 8/12/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    It is extraordinarily unlikely. Nearly impossible. You will probably have to fight it and win.
    Answer Applies to: New York
    Replied: 8/12/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    The chance of the charges being dropped are between slim and none. The only way to beat a drunk driving charge (DUI/DWI/OUI) is to take it to trial and beat it. There is far too much public scrutiny of drinking while driving for any District Attorney's office to drop or dismiss OUI charges here in Massachusetts. That comes straight from the elected DA's office down to the local Assistant District Attorneys. Can you imagine the headlines the next day if a OUI charge was dismissed and the person who had the charge dismissed had something to drink and cause an accident with injuries or death? Well the District Attorney's offices can imagine such a thing and despite how much you may believe that your son would never do such a thing, there is no was any District Attorney would take such a chance. There is simply no upside for them to do so and so much down side potential that like I said originally, the chances are between slim and none. Hire a good attorney who specializes in OUI charges and who works in the courts where your son was charged. That is your very best bet. Every person has the right to go to trial. I would have to see the facts of your son's arrest to determine whether his chances at trial were worth going after or if it would be a straight loss of money.
    Answer Applies to: Massachusetts
    Replied: 8/12/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Seldom. Can the case end up being reduced or dropped? Sure. Is that likely, just because you want it? No. The police and DA don't spend time and money arresting, charging and prosecuting cases only to drop them without a fight. And, they dont need a blood test to convict, although it helps. The basic DUI is charged with ANY level of alcohol or drugs, and a second charge is filed if the amount is over the legal limit. Youll learn the actual charge[s] filed against you when you appear for arraignment at your first court hearing. The prosecutor can amend at any time he feels he can prove additional or different charges. Of course you can fight the charges. 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, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. There is no magic wand to wave and make it all disappear. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be. Keep in mind 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 an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony.
    Answer Applies to: California
    Replied: 8/12/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    It is unlikely that the charges will be dropped. With the right facts it could be reduced to a dry reckless.
    Answer Applies to: California
    Replied: 8/12/2011
    A.L.A. Law Group, LLP
    A.L.A. Law Group, LLP | Lauren M. Mayfield
    It depends on the county but overall it is very difficult to get the charges reduced unless you hire an attorney or get the public defender to fight the case. The DA can prove a DUI even if you weren't a .08 as one of the counts only requires that you were under the influence (DUIs are charged with 2 counts, one of being a .08 or above and one of being under the influence at the time of driving). It is good that he got pulled over for speeding (as opposed to swerving - a sign of being under the influence) and it is also good that one of the tests results indicates that he was under a .08. If he fights the case he may be able to get it reduced to a wet reckless or some lesser charge.
    Answer Applies to: California
    Replied: 8/12/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Your question cannot be answered with such little information. The question is whether alcohol affected the driving of the Defendant. If there is evidence of alcohol, but no evidence of it affecting the driving, then the case could be dismissed at trial. Prior to trial is a different matter. Charges can be dropped in appropriate cases. It will depend on all of the facts, the Prosecutor, and the Judge. With enough doubt in the case, there can be enough to get the case reduced to a lesser charge which is not alcohol related. However, this is not typical, and reports are written is such a bias manner, it is difficult to overcome the presentation. However, I have been successful on a number of occasions. I do not know about yours, and cannot guess without more information.
    Answer Applies to: Michigan
    Replied: 8/12/2011
    Thomas Humphrey, Attorney at Law
    Thomas Humphrey, Attorney at Law | Thomas Humphrey
    If on one of the tests, your son was under the legal limit, you may have a good basis to challenge the charge. It is highly unlikely, however, that the state will simply drop the charges. You should seek the advice of an attorney who can advise you as to the various defenses he may have, including the validity of the stop. It will depend on all of the facts in the case.
    Answer Applies to: Idaho
    Replied: 8/12/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    It sounds like a case that can be reduced or dismissed, but don't expect the D.A. to be warm and fuzzy. DUI s are one of their priorities and even good lawyers have to fight to get them reduced or dismissed. You should consult with a good attorney.
    Answer Applies to: California
    Replied: 8/12/2011
    Martin Law Offices, PLLC
    Martin Law Offices, PLLC | Matthew T. Martin
    Greetings - More information is needed to properly answer your questions. For example, evidence (e.g., BAC tests) may be suppressed if your son's constitutional rights were violated. Similarly, evidence may be deemed unreliable if procedurally the test(s) were not administered correctly. Conversely, the Preliminary Breath Test (i.e., road-side breath test) is not admissible to prove that your son had a blood alcohol concentration of .08 or more within two hours of driving, operating or being in physical control over a motor vehicle. As such, the outcomes in these types of cases vary. Below is a breakdown of some of the potential penalties your son may be facing depending upon the charges. In Minnesota a Misdemeanor DWI can result in 90 days in jail and $1000 fine, a gross misdemeanor DWI DUI in Minnesota can result in 365 days in jail and a $3000 fine, and a felony DWI in Minnesota can result in up to 7 years in prison and a $14,000 fine. There are also collateral consequences from a DWI DUI criminal charge in Minnesota, such as driver's license revocations, license reinstatement fees, court fees, increased insurance premiums, and potentially restricted access to foreign countries based on your criminal record. Best wishes,
    Answer Applies to: Minnesota
    Replied: 8/12/2011
    Potter Law Offices
    Potter Law Offices | Cal J. Potter, III, Esq.
    Depends on the Court and The attorneys involved.
    Answer Applies to: Nevada
    Replied: 8/12/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    It really depends on the facts, without knowing the details I am unable to give a good answer. I would be happy to discuss your son's case with you. There is a law that DWI charges are not to be dropped, but that law is routinely circumvented if there are good reasons. I make it a point to come up with good reasons. One of the best places to attempt to win a case is that the stop was illegal. If the only violation was a speed limit violation of 5 MPH that may be adequate, but in my experience most cops will have more than one reason for the stop.
    Answer Applies to: New Hampshire
    Replied: 8/12/2011
    Watkins Law Office
    Watkins Law Office | Bob Watkins
    Sounds like there may be a viable defense or a good basis for getting a negotiated recommendation to a lesser charge (ie reckless driving). The State is usually very reluctant however to simply dropping a DWI charge. In fact, when the State nol prosses (drops) a DWI, a special notice to the Office of the Attorney General is required. Just one reason for the reluctance.
    Answer Applies to: New Hampshire
    Replied: 8/12/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Rarely are DUI dropped or dismissed, sometimes a lessor charge is offered. Not sure what test he passed, but if he blew above a .095 as an adult or above .040 as a kid it would not be likely. You really need to hire an attorney if you want to help your son.
    Answer Applies to: Nebraska
    Replied: 8/12/2011
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    It may be possible to mount a good defense based on whether he was properly stopped or they bad probable cause for the pull over. If a court decides there wasn't cause, then this alone is sufficient to get the charges dropped. This however is a rare occurrence, but not impossible or even implausible. As to the multiple tests it can be used towards the accuracy of the testing And could also possibly be helpful. I'd you're interested in hiring an attorney for him contact us at your convenience.
    Answer Applies to: New York
    Replied: 8/12/2011
    The Olsinski Law Firm, PLLC
    The Olsinski Law Firm, PLLC | Justin C. Olsinski
    DWI cases are rarely dropped. Your chances will depend on many factors that led up to the arrest and what took place after the arrest. You should talk to a criminal attorney in your area about the individual details of the case and they should be able to give you a better forecast of your chances of beating it are.
    Answer Applies to: North Carolina
    Replied: 8/11/2011
    Law Office of John E. Gutbezahl LLC
    Law Office of John E. Gutbezahl LLC | John E Gutbezahl
    Your son has an excellent chance at prevailing at trial. It is unlikely the charge will be dropped or dismissed but he will need experienced counsel who is not afraid of the courtroom. I have been a lawyer for 17 years, nine of which were as a prosecutor. I have tried well in excess of 100 jury trials including many DUII's.
    Answer Applies to: Oregon
    Replied: 8/11/2011
    Connell-Savela
    Connell-Savela | Jason Savela
    A good DUI atty can do plenty with these facts I have had several DUIs dropped or dismissed. The police must have a valid reason to stop for the case to get past a motions hearing. Five over can be enough if the proof is there but it is often not there.
    Answer Applies to: Colorado
    Replied: 8/11/2011
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    Always difficult to say. Whether the case is dropped or prosecuted will depend on the facts of the actual case.
    Answer Applies to: California
    Replied: 8/12/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    An attorney should never tell you what your 'chances' are of getting a charge dropped. The fact that your son was below the legal limit is very good for his defense. Your son should consider hiring an attorney especially because he was so close to the legal limit. Also, driving barely over the speed limit is a good fact in his defense.
    Answer Applies to: California
    Replied: 8/11/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Slim and none. You won't ever get owi charges dropped on Michigan under these facts. He will need to hire an attorney and take his chances at a trial by jury.
    Answer Applies to: Michigan
    Replied: 8/11/2011
    Ramsell & Associates LLC
    Ramsell & Associates LLC | Donald Ramsell
    Generally, DUI cases are not 'dropped'. However, the facts as you describe them might cause a finding of Not Guilty after a trial.
    Answer Applies to: Illinois
    Replied: 8/11/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    You are kind of missing the point about dui. If one of his readings was below the presumptive reading that is definitely in his favor, but dui charges are rarely dismissed without a trial.
    Answer Applies to: New Jersey
    Replied: 8/11/2011
    Eric J Schurman, Attorney at Law
    Eric J Schurman, Attorney at Law | Eric James Schurman
    Sounds like there is a reasonably good chance to avoid a DUI conviction.
    Answer Applies to: Washington
    Replied: 6/26/2013
    Leyba Defense, PLLC
    Leyba Defense, PLLC | Matthew Leyba
    It is very rare for a DUI charge to be dismissed outright by the Prosecution due to negotiation. Unfortunately the fact that one of your sons breath tests was under the legal limit really is not going to sway the Prosecution. In WA there are two ways to be charged with a DUI. The first is having an alcohol level over a .08, and the second is simply having your driving affected by the alcohol you consumed. Now just because there might be a slight chance of getting your sons DUI charge dismissed, doesnt mean that it cant happen. Obviously having one of the breath tests under the legal limit is a good start. I would highly recommend you speak with a qualified DUI attorney to better assess the strengths and weaknesses of your sons DUI charge.
    Answer Applies to: Washington
    Replied: 8/11/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    All DUIs are defensible and most of my clients do not get convicted of DUI.
    Answer Applies to: Washington
    Replied: 8/11/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Each case is evaluated on its own merits. If the prosecutor feels the evidence is insufficient, he may agree to dismiss the charges. If the prosecutor reviewed the facts and decided to file charges, he probably will not dismiss the case. You should consult with an attorney to discuss the sufficiency of the evidence in the case to get an opinion whether the facts would support a dismissal.
    Answer Applies to: Kansas
    Replied: 8/11/2011
    Hedges & Tumposky
    Hedges & Tumposky | Michael Tumposky
    Probably good, but you need to hire an attorney to take the case to trial and obtain a not guilty.
    Answer Applies to: Massachusetts
    Replied: 8/11/2011
    The Patel Law Firm, LLC | Kalpesh J. Patel
    I can't really put a percentage on how often things are dismissed but upon reviewing the police report and discussing with the prosecutor then it may be possible. Also there are many other possibilities that may result in this staying off his record.
    Answer Applies to: Missouri
    Replied: 8/11/2011
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    DUI charges are rarely dismissed outright. However, it is sometimes possible have the charges reduced. Sometimes, it is also possible to have certain evidence suppressed depending on the arrest, the breath/blood test administrative, and overall handling. He needs to speak with an attorney and, if he wants any chance at keeping his license, he will need to hire an attorney as well - at least for the DMV hearing as a Public Defender cannot help with the DMV hearing. Don't forget, he only has 10 days to request a DMV Hearing before his license automatically is suspended by the DMV. Feel free to contact me to discuss this further.
    Answer Applies to: California
    Replied: 8/12/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    They are not likely to be dropped without some negotiation, on your son's behalf, by an attorney who has familiarity with the DA prosecuting the case. It may be that pre-trial motions and/or a trial have to happen for your son to not be convicted.
    Answer Applies to: Colorado
    Replied: 8/11/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    It is rare for cases of DUI to be 'dropped', but if there is a test result showing your son was not over the legal limit - then the 'presumption' created by the statute is that the case should be dropped. Recognize, however, that if your son is over 21, the 'legal limit' is .05 (over that one is considered DWAI, over .08 it is considered DUI), but if he is under 21 the 'legal limit' is .02 (over that is considered "under aged drunk driving"). You should really hire a lawyer given the facts as you presented them, to have the best chance of getting the result you wish.
    Answer Applies to: Colorado
    Replied: 8/11/2011
    Hugo Florido ESQ.
    Hugo Florido ESQ. | Hugo Florido
    That is a difficult question to answer. It really depends on whether there was probable cause to make the stop; whether the machines used were properly certified; whether officer was properly certified to conduct a field sobriety tests; whether your son could be placed behind the wheel; whether he blew over the legal limit; whether he refuse to "blow" and one hundred other factors. But if I was guessing, perhaps a 25 percent chance of success obtain a more favorable plea. I would strongly recommend an appointment with an experienced attorney.
    Answer Applies to: Florida
    Replied: 8/11/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Christopher Lee
    The chances of dropping the charges of a DUI vary. First, it depends on what County or City is prosecuting the case. Second, it depends on the facts of the case; such as, BAC level and other information contained in the police report. Lastly, it depends on what other alternative sentencing is available in the local jurisdiction.
    Answer Applies to: California
    Replied: 8/11/2011
    Smith & John
    Smith & John | Kenneth Craig Smith, Jr.
    Not very often. It will take an attorney to present his case.
    Answer Applies to: Louisiana
    Replied: 8/11/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    There are rarely dismissed. They are often plead down. What tests are you referring to? The police generally give a test roadside and then a test at the precinct. Traditionally, the road side test has not been admissible but there was a recent decision allowing them into evidence.
    Answer Applies to: New York
    Replied: 8/11/2011
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