Is there a way to get out of a DUI? 51 Answers as of July 02, 2013

Is there a way out of DUI? What can I do to avoid getting convicted for DUI? I do not want such charge on my record.

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public's expense. You have a right to counsel. Ultimately, it depends on the alleged facts. You are presumed innocent. You have a right to a trial. The prosecutor needs to prove your guilt beyond a reasonable doubt. If the prosecutor cannot meet their burden of proof, you will not be convicted.
Answer Applies to: Michigan
Replied: 7/23/2012
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
Your question depends on the circumstances.
Answer Applies to: Michigan
Replied: 7/2/2013
The Woods Law Firm
The Woods Law Firm | F.W. Woods Jr.
Yes. However you must be represented by an attorney and it depends on the facts.
Answer Applies to: South Carolina
Replied: 4/23/2012
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
The only way to "get out of an "OUI/DUI" is to be found Not Guilty.
Answer Applies to: Massachusetts
Replied: 4/11/2012
Law Office of Timothy M. Donahue | Timothy M. Donahue
If this is your first offense, then, depending on the county in which you are charged, there may be a way to resolve the case without it resulting in a final conviction. Hiring an experienced criminal defense lawyer would be the best thing for you to do.
Answer Applies to: Texas
Replied: 4/10/2012
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    DUI's are very fact specific and you may have a defense to your case. However, if there are no defense, you will be stuck with a DUI (which can be expunged later). The DA fights DUI cases very hard and if you drive while under the influence, you may have to face responsibility for your actions and deal with the consequences like an adult.
    Answer Applies to: California
    Replied: 4/10/2012
    Law Office of Gregory Crain | Gregory Crain
    You have to win it at trial.
    Answer Applies to: Arkansas
    Replied: 4/10/2012
    Salladay Law Office | Lance Salladay
    "getting out" of a DUI is difficult if not impossible if your blood alcohol content was in excess of .08- DUI's are very strictly prosecuted- and if there is sufficient evidence to established that the alcohol affected your driving- avoiding it is extremely difficult. Depending on the facts and circumstances, which an attorney can analyze, there may be a means of getting a reduced charge, but it will require an attorney and a good set of facts.
    Answer Applies to: Idaho
    Replied: 4/10/2012
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    There are lots of ways to get out of a DUI. That's what attorneys are for!
    Answer Applies to: Washington
    Replied: 4/10/2012
    The Jordan Law Firm
    The Jordan Law Firm | John Paul Jordan
    There are ways of negotiating the terms of your DUI charge with the District Attorney. In addition, depending on your particular circumstances you can have a charged dismissed if the police did not have probable cause to pull you over in the first place or the indicators of you being drunk were out of hand.
    Answer Applies to: Oklahoma
    Replied: 4/9/2012
    Harvath Law Offices | Michael T. Harvath
    The first step when we handle a DUI charge is to very carefully review the police report, including any witness statements, and narrative prepared by the arresting police officer. I also take a close look at the test results that established intoxication, and the type of test (breathalyzer or blood test). If it can be established that the breathalyzer machine was not operating correctly, or that the breath test was performed an hour or more after the time of the actual stop, we are potentially able to work out a defense to the charge. This is so because the results of a breath test done a significant period of time after the actual stop are just not accurate, and do not reflect the blood-alcohol level at the time of actually driving. In the event that a complete defense to the charge can be established, it is possible to get the charge dismissed entirely. In situations where a complete defense is not available (and a close review of the police report is necessary to determine this), we are able to negotiate with the prosecuting attorney and work out a reduced sentence/punishment. The punishment for a second DUI, if you do not retain an attorney, can be stiff, including jail time. We typically work with the prosecuting attorney to keep our clients out of jail and get a significantly reduced punishment. However, based on the exact facts of your charge (why you were pulled over, what type of testing was done, etc...) you may have a full defense to the charge.
    Answer Applies to: Missouri
    Replied: 4/9/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Your case needs to be one which there is a legal defense present and you will need a good lawyer.
    Answer Applies to: Kansas
    Replied: 4/9/2012
    Glass Defense Firm
    Glass Defense Firm | Jason M. Glass
    Yes. There are several ways to beat a DUI charge, some of which may be applicable to your case. Contact an experience DUI attorney right away.
    Answer Applies to: West Virginia
    Replied: 4/9/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    The best way to avoid a DUI is hire a criminal attorney to fight the case.
    Answer Applies to: Nebraska
    Replied: 5/30/2013
    Law Office of Michael R. Garber
    Law Office of Michael R. Garber | Michael R. Garber
    You need to talk to a lawyer to find out if you have a defense. Also the prosecutor might offer pretrial diversion.
    Answer Applies to: Louisiana
    Replied: 4/9/2012
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    There are various ways to fight DUIs. There are defenses based on the officer's potential mistakes in making the stop, arrest, implied consent warning, and various defenses based on the type of alcohol test that was administered. This often involves hiring expert witnesses. You need to find a lawyer that knows how to assert these defenses.
    Answer Applies to: Georgia
    Replied: 4/9/2012
    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. No insult intended, but I assume you know that there is no magic wand to waive and make this go away. 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. If they arrested you, they think they can convict you. Of course you can fight the criminal 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, 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. While this isn't a 'capital case', you certainly face potential jail and fines, so handle it right. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, charge reduction, or other decent outcome through plea bargain, or take it to trial if appropriate. 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 effectively, then hire an attorney that does.
    Answer Applies to: California
    Replied: 4/9/2012
    Furlong & Drewniak PLLC
    Furlong & Drewniak PLLC | Thaddeus Furlong, Esq.
    Yes there are defenses to a DUI and trained lawyers who do many of these cases and go to DUI legal seminars usually know what to look for. For example, there are only three field tests that have any scientific validityso if the police gave you others then those tests may be meaningless. The language the officer used is important as he may have violated your Fourth Amendment rights by ordering you to to certain things. He may have directed you to perform the field sobriety tests wrong, or scored them wrong, or ordered you to do something the tests do not require. The police may have performed the field tests in the wrong place or contaminated the results or by sloppy work created legal openings for the defense. The breath machine may have been malfunctioning and an experienced DUI lawyer can look at the test results and determine if the air capacity of the blows is consistent with the readings, or if the gas cylinder needed changing or if the machine had problems. If blood test, did the nurse follow the exact protocols the law requires? As a former police officer, now attorney, I find that human mistakes, machine errors and legal violations constitute most of the successful DUI defenses I use in court. Bottom linedefenses exist but it takes an experienced DUI lawyer to find them.
    Answer Applies to: Virginia
    Replied: 4/9/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    There are lots of things you can do. But, the number one thing is hire an experienced DWI attorney.
    Answer Applies to: New York
    Replied: 4/9/2012
    Law Office of Brian K. Wanerman
    Law Office of Brian K. Wanerman | Brian K. Wanerman
    The way to avoid a conviction is to get the case dismissed or be found not guilty by a jury. A good attorney can help you do this. You should consult one right away.
    Answer Applies to: California
    Replied: 4/9/2012
    Law Office of Anthony Sessa
    Law Office of Anthony Sessa | Anthony Sessa
    Yes! Depending on the evidence, you might defeat the charges; but you cannot do it without the assistance of an experienced criminal defense attorney.
    Answer Applies to: California
    Replied: 4/9/2012
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Yes, but it will depend on the particular facts in your case. You would need to have your case reviewed by an attorney who is familiar with such cases, and then you will have a better understanding of whether there is some chance to get the DUI dismissed. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 4/9/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    DUI breath testing is the most common way to measure BAC, it' however, is not always an accurate one. A DUI breath test doesn't directly measure the amount of alcohol in your blood. It measures the amount of alcohol present in your breath and then converts that amount to determine the amount of alcohol in your blood . As a result, DUI breath testing is susceptible to a variety of outside influences that can generate an erroneously high BAC reading. Most California DUI breath testing instruments aren't sophisticated enough to distinguish between this self-produced isopropyl alcohol and ethyl alcohol (the type of alcohol that we drink). As a result, Atkins-style diets or diabetes or hypoglycemia can trick a DUI breath testing instrument into producing a falsely high BAC . Alcohol takes a certain amount of time (typically between 50 minutes and three hours) to absorb into your system. If, for example, you had just recently finished drinking...and were investigated for DUI shortly thereafter...your alcohol may not have reached its peak absorption rate. When this is the case, your blood alcohol level is still rising, which can cause a false high DUI BAC result . There are a variety of factors that could taint the results of your DUI blood test results: California DUI blood testing certainly isn't foolproof . Title 17 of the California Code of Regulations sets forth the requirements for collecting, storing, and analyzing DUI chemical tests. These regulations are very specific, and any violation of California's Title 17 can compromise your DUI BAC results . Before the police can stop your car, detain you to conduct a DUI investigation, or arrest you for a California DUI, they must have a reasonable suspicion or reasonable belief that you are engaged in criminal activity. If an officer doesn't have the probable cause necessary before engaging in any one of these stages, any evidence that is obtained as a result of that illegal procedure will be suppressed. Despite common misperception, Miranda rights aren't always required in a California DUI arrest. They are, however required when (1) you have been arrested, and (2) the officer is conducting a custodial interrogation. A "custodial interrogation" takes place when an officer asks you questions designed to solicit incriminating responses after you are in custody. You are in custody when a person in like situation would not feel he had a right to leave. If these conditions have both been satisfied, the officer must advise you of your Miranda rights or risk having any subsequent statements excluded from evidence The officer will claim that you exhibited red/watery eyes, a flushed face, slurred speech, an unsteady gait, and had the odor of an alcoholic beverage on your breath. Whether or not this description is accurate, the fact is that none of these signs or symptoms necessarily means that you are DUI. And even if you were drinking, these characteristics don't in and of themselves indicate that you were under the influence of alcohol and/or drugs. Even the most reliable California field sobriety tests aren't accurate indicators of alcohol and/or drug impairment . The three tests that have actual data to support their trustworthiness are only between 65-77% accurate at detecting impairment...and that's only if they are precisely administered and scored. And just like the innocent explanations that can account for physical signs of impairment. Blood alcohol concentration (BAC) is affected by many different factors, not just the actual amount of alcohol in one's body Even assuming that all testing conditions are perfect there are still an inherent error rate with California DUI chemical testing. Experts agree that California DUI chemical testing has a +/- error rate of between 0.005-0.02%. As a result, a California DUI defense attorney can challenge BAC results that are between 0.08-0.10%, since they could be lower than the minimum 0.08% required by Vehicle Code 23152b driving with a BAC of at least 0.08%.
    Answer Applies to: California
    Replied: 4/9/2012
    Hynum Law Office, LLC
    Hynum Law Office, LLC | G. Wayne Hynum
    The only way to "get out of" a DUI is to be found not guilty of the charge. I can't tell you how to do that without knowing the details of your case. I advise you to hire a good attorney who is experienced at handling DUI cases.
    Answer Applies to: Mississippi
    Replied: 4/9/2012
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    Yes and no. Every case depends on the facts and the applicable law. With no facts, no lawyer could give you an answer. There are many ways to defend against DUI charges, so you should really consult with a criminal defense attorney for specific advice.
    Answer Applies to: California
    Replied: 4/9/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    There are many factors that come into play when a person is arrested for DUI. Most Courts tend to lean toward conviction but DUI cases do not always result in a conviction. The facts of each case can have alot to do with the outcome. It is not entirely impossible that a court may consider either a good behavior disposition or you might qualify for the new diversion program. If you successfully complete a good behavior or a diversion program you may be successful in getting the charge dismissed.
    Answer Applies to: Alabama
    Replied: 4/9/2012
    Larry K. Dunn & Associates | Larry K. Dunn
    A short question that would require a lengthy answer. Each dui is decided on its own facts. The two ways to defend a dui are to challenge the officer's investigation and secondly to pursue procedural defenses that occur after charges are filed. By law, a dui cannot be reduced or dismissed by the prosecutor unless there was no probable cause for the stop or the prosecutor can certify to the court that the charges cannot be proven beyond a reasonable doubt. The only way to avoid being convicted of dui is challenge the evidence and procedures.
    Answer Applies to: Nevada
    Replied: 4/9/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    Defeat the allegation that you were impaired while in control of a vehicle on a roadway.
    Answer Applies to: Pennsylvania
    Replied: 4/9/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You should retain a good criminal lawyer to handle the case. Unless the prosecutor cannot prove that you were driving or that you were drinking you will at least be convicted of the violation of DWUI which is almost as bad as a DWI conviction which is the misdemeanor. Drunk driving is like firing a gun at a moving train and hoping that no one gets hit by the bullets. Most people who get a DWI are either alcoholics or young men driving home from a bar late at night. It is a lot safer and cheaper to call a taxi or Designated Driver, a service that drives you home in your own car for a fee.
    Answer Applies to: New York
    Replied: 4/9/2012
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    You can hire a skilled DWI lawyer who can Aggressively attack the evidence against you or possibly convince the DA to reduce the charges.
    Answer Applies to: New York
    Replied: 4/9/2012
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Hire a lawyer to defend you. It may be able to be dismissed with the right representation, or you may be able to go to trial and get a not guilty. In some counties, the case can be worked out to avoid the situation resulting in a DWI conviction in other ways.
    Answer Applies to: Texas
    Replied: 4/9/2012
    T.K. Byrne | Timothy K. Byrne
    You should be found not guilty.
    Answer Applies to: Mississippi
    Replied: 4/9/2012
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    There are many potential avenues of defense, depending upon the particular circumstances of your case. Your best hope is to consult with an experienced DUI defense attorney.
    Answer Applies to: Colorado
    Replied: 4/9/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Hire a DUI lawyer and prepare to take your case to trial.
    Answer Applies to: California
    Replied: 4/9/2012
    Raiser & Kenniff, PC
    Raiser & Kenniff, PC | Steve Raiser
    Yes you can defend against a DUI. This is true even if it is a felony or even if it is a high reading.
    Answer Applies to: New York
    Replied: 4/9/2012
    Law Offices of Eric J. Bell | Eric J. Bell
    There are many ways to fight and get out of a dui. Some examples: the officer couldn't prove you were driving the car; the officer did not probable cause to perform the traffic stop; the breathalyzer was proven unreliable; the officer was impeached re: his police reports.
    Answer Applies to: Illinois
    Replied: 4/9/2012
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    Yes. Retain a good lawyer so you have a good shot at it.
    Answer Applies to: Florida
    Replied: 4/9/2012
    Fabian & Associates, Inc.
    Fabian & Associates, Inc. | Stephen G. Fabian, Jr.
    Try the case in front of a jury and win
    Answer Applies to: Oklahoma
    Replied: 4/9/2012
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    Hire an aggressive attorney ASAP. There are a variety of reasons why your attorney may be able to get the charge dismissed or have you found not guilty. The best chance you have of avoiding a conviction, is to hire an aggressive attorney.
    Answer Applies to: Hawaii
    Replied: 4/9/2012
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Best thing to do is hire an experienced DUI attorney to defend you. There are so many variables to consider in a DUI case that until an attorney starts working the case one can only speculate to a certain extent. Although, based on an initial interview, I could give you an idea of the chances of a dismissal, and what I could do to increase those chances (revolving around forensic science and court procedure).
    Answer Applies to: California
    Replied: 4/9/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    That depends on the facts. You would need a good attorney to go over the facts including what the police reports says, in order to answer that question. The best way to avoid being convicted is to not drink and drive.
    Answer Applies to: Michigan
    Replied: 4/9/2012
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