How often does a DUI charge get dropped? 13 Answers as of August 11, 2011

I am looking to have my DUI charge dropped and I think I could have a case. I dont feel that this charge was given to me fairly. If I fight my case in court, can I have a better chance of getting the charge dropped?

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
A DUI, like all other criminal cases, is fact driven. Without knowing the all the facts I cannot advise you on what to do. However, at your arraignment you will be given an offer. Most likely this will not be for the case to be dismissed. You will need to take the case to pre-trial to have that happen if the facts support it. You have a better chance of this happing if you have an attorney.
Answer Applies to: California
Replied: 8/11/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
The harder you fight the better your chances are. You should consult with a good attorney and review the facts of the case with him.
Answer Applies to: California
Replied: 8/10/2011
The Law Offices of Gabriel Dorman
The Law Offices of Gabriel Dorman | Gabriel Dorman
Whether or not your DUI case can be dismissed depends on a large number of factors including, but not limited to, ALL the facts and circumstances of your case, your BAC level, any prior DUI convictions, the court/county in which your case is filed, the attorney you hire to represent you. Without all the facts and details involved it is impossible to properly evaluate the quality of your DUI case and what may be possible for you. I hope this answer was helpful. Good luck.
Answer Applies to: California
Replied: 8/10/2011
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
I need way more information to answer that one. If you don't have money the Public Defender will represent you.
Answer Applies to: California
Replied: 8/10/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Christopher Lee
You should always hire an attorney and fight any criminal allegations against you. Of course, you are always innocent until proven guilty. In terms of DUIs, you can either take it to trial or take a "deal" offered by the prosecutor. Usually, the prosecutor will initially offer you the minimum punishment. However, you can always ty to get the potential punishment reduced by hiring an attorney and doing a thorough investigation. If you fight your case, you can have the prosecutor reduce your punishment, but this will be based on a case by case basis depending on the facts of your case.
Answer Applies to: California
Replied: 8/10/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    Yes. If you fight your DUI charges instead of pleading guilty at your arraignment date you have a better chance at getting your charges dropped. Call around for attorney's rates and availability.
    Answer Applies to: California
    Replied: 8/10/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    A charge is very seldom dropped without a good reason. All you can do is fight the case, get a good attorney, and do your best to convince the DA that you are right and the cop was wrong.
    Answer Applies to: California
    Replied: 8/10/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes, but only if you have a good lawyer representing you. If you represent yourself, the prosecutor will simply laugh you off. A good lawyer may be able to push the prosecutor into giving you a good dismissal or reduction. This has a lot to do with the lawyer's experience, familiarity with the prosecutor(s), Judges, a particular court's practice/tendencies...etc.
    Answer Applies to: California
    Replied: 8/10/2011
    Law Offices of Aaron T. Hicks
    Law Offices of Aaron T. Hicks | Aaron Hicks
    A DUI charge will either get dropped through a dismissal, reduction or a Not Guilty at a jury trial. If you don't fight your case in court, there is a less than 1% chance that the case will be dropped. Get a good DUI lawyer in your area to help you. Good luck,
    Answer Applies to: California
    Replied: 8/10/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    To Whom It May Concern: You question is not quite clear. The only chance you have of having your case dismissed (not "dropped"), once a Complaint is filed, is in Court. If the District Attorney had decided not to file a Complaintfor some reason, that would havebeen different.Even if the District Attorney decided that they couldnot proceed with your prosecution for some reason, the Complaint would have to be dismissed in Court. Hire an Attorney or request the appointment of the Public Defender. Under some, very limited, circumstances, you could continue to represent yourself, but you did not say why you think you have a chance of having your case dismissed, so I cannot provide further adviceon the grounds for dismissal or when that might be likely to happenwithout more information.
    Answer Applies to: California
    Replied: 8/10/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Seldom. And fair has little to do with your defenses. Facts do. 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. 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. If you don't know how to do these things, then hire an attorney that does.
    Answer Applies to: California
    Replied: 8/10/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    If the DA files the charge, the only way to beat it is to fight it. Get a lawyer on it ASAP.
    Answer Applies to: California
    Replied: 8/9/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Yes, there is certainly a better chance of getting the DUI charges dismissed or reduced if you fight it. I would recommend speaking to and hiring an experienced DUI attorney in regards to your case. Sometimes even cases that do not look good on the surface can be fought with good results as the case progresses. For instance, I have had DUI charges dismissed and reduced in DUI cases with 0.20 blood alcohol levels, and higher! Not to say that happens in every case, but it does happen, and those results only come when you fight it!
    Answer Applies to: California
    Replied: 8/9/2011
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