Is It Possible to Get Your DUI Charges Dropped or Reduced?
When you're facing DUI charges, it's understandable to feel overwhelmed. A DUI conviction can have serious consequences, including hefty fines, the suspension of your driver’s license, and even jail time.
However, in some cases, it is possible to have your DUI charges dropped or reduced.
As a Tennessee DUI defense attorney, I’ve seen first-hand how the right approach can make all the difference in your case. In this article, I’ll walk you through the process and explain the potential routes to either get your charges dropped or reduced, depending on the circumstances of your case.
DUI Charges in Tennessee
Before discussing the possibilities of getting your charges dropped or reduced through DUI defense, it’s important to understand what DUI charges in Tennessee entail. DUI, or Driving Under the Influence, refers to operating a vehicle while impaired by alcohol or drugs.
In Tennessee, a person can be arrested for DUI if their blood alcohol concentration (BAC) is 0.08% or higher. However, impairment can also be determined through field sobriety tests or officer observations if there is evidence of intoxication, even without a BAC test.
A DUI conviction in Tennessee carries serious penalties, including mandatory minimum sentences, fines, and a possible driver’s license suspension. Because of the severity of the consequences, it's vital to understand all the possible legal avenues for reducing or eliminating the charges against you.
Challenging the Evidence in Your DUI Case
One of the most effective ways to get DUI charges dropped or reduced is by challenging the evidence against you. In a DUI case, the prosecution is required to prove beyond a reasonable doubt that you were operating a vehicle while impaired.
This often hinges on a few key pieces of evidence: breathalyzer results, field sobriety tests, and police officer observations.
If there are any issues with the way the evidence was obtained, it may be possible to have it excluded from the case.
For instance, if the officer who pulled you over didn’t have probable cause for the stop, any evidence gathered as a result of that stop might not be admissible. Similarly, if there were errors in the administration of field sobriety tests or breath tests, this could weaken the case against you.
As your DUI defense lawyer, I will carefully review the circumstances of your arrest and the evidence gathered by law enforcement to identify any weaknesses. If there are holes in the prosecution’s case, it could lead to the charges being dropped or reduced, depending on the situation.
Plea Bargains and Reduced Charges
In many DUI cases, particularly those where the evidence is overwhelming, a plea bargain can be an effective way to reduce the severity of the charges.
This is where the prosecution and defense agree on a lesser charge in exchange for a guilty plea. While the details of the plea agreement will vary depending on the specifics of your case, it is often possible to negotiate a reduction from a DUI charge to a lesser offense, such as reckless driving.
While a plea bargain doesn’t result in the charges being dropped entirely, it can significantly reduce the penalties you face. A conviction for reckless driving, for example, generally comes with fewer consequences than a DUI conviction, including less severe fines and no mandatory license suspension.
It’s important to note, however, that in some cases, a plea deal might require you to take part in alcohol education classes, probation, or other conditions.
Defenses That Can Lead to Dismissal of DUI Charges
There are several defenses that can be raised to challenge a DUI charge in Tennessee. If any of these defenses are successful, it could lead to a dismissal of your case. As your DUI defense attorney, I will evaluate the facts of your case to determine which of these defenses might apply. Some of the most common defenses include:
Improper Police Stop: For an officer to pull you over, they must have reasonable suspicion that you’ve committed a traffic violation or are driving under the influence. If there was no valid reason for the stop, it could be considered unlawful, and any evidence obtained as a result could be inadmissible.
Faulty Testing Procedures: Breathalyzer tests, blood tests, and field sobriety tests are not always 100% accurate. If the equipment used for the test was faulty, not calibrated correctly, or administered improperly, the results could be challenged.
Rising BAC: In some cases, a person may have been under the legal limit at the time of driving but had a higher BAC by the time the test was taken. This is known as the "rising BAC" defense and can be used to show that you were not impaired when you were driving.
Medical Conditions: Certain medical conditions, such as diabetes or GERD, can cause a person’s breath to register inaccurately on a breathalyzer. If you have a medical condition that could have affected the results of your BAC test, this could serve as a defense.
Improper Administration of Field Sobriety Tests: Field sobriety tests are subjective and open to interpretation. If the tests were administered incorrectly, or if you had a valid reason for failing them (such as a medical condition), this could be used in your defense.
If I believe one of these defenses applies to your case, I will aggressively argue it in court, with the goal of getting your DUI charges dropped.
The Impact of Prior Convictions
If you have previous DUI convictions, your chances of getting charges dropped or reduced may be more limited. Tennessee has strict laws regarding repeat DUI offenders, and a second or subsequent offense can result in more severe penalties, such as longer license suspensions, higher fines, and mandatory jail time.
However, even if you have prior convictions, it may still be possible to reduce your charges through negotiations. For example, if you are facing charges for a second DUI offense, we might be able to negotiate a reduction to a lesser charge, depending on the specifics of the case.
In some instances, attending alcohol treatment programs or completing community service could help in reducing the penalties you face.
Getting DUI Charges Dropped or Reduced
While it's possible to get DUI charges dropped or reduced, it’s not easy. The key to success in these cases lies in having a knowledgeable DUI defense lawyer on your side. With the right defense strategy, it may be possible to have your charges reduced or even dropped altogether.
As a DUI defense attorney, I’ve worked with clients in a variety of circumstances. Whether it’s challenging the evidence, negotiating a plea bargain, or presenting a strong defense in court, I’m committed to fighting for the best possible outcome for my clients.
My goal is to help you minimize the consequences of a DUI charge, whether that means reducing the penalties or getting the charges dropped entirely.
Can DUI Charges Be Dropped Before Trial?
In some cases, DUI charges can be dropped before the case even goes to trial. If the prosecution determines that they do not have enough evidence to prove the case beyond a reasonable doubt, they may decide to drop the charges.
This can happen after a pre-trial motion to suppress evidence, for example, if it is shown that the police violated your rights during the arrest.
However, it’s important to remember that not all DUI cases are eligible for dismissal before trial. The decision to drop the charges is ultimately up to the prosecutor, and it depends on the strength of the evidence against you.
If you have a solid DUI defense, there may be a higher chance of getting the charges dropped before trial, but it’s never guaranteed.
Getting DUI Charges Reduced in Tennessee
While getting DUI charges completely dropped is not always possible, there are several ways to potentially reduce the severity of the charges. Plea bargains, successful challenges to the evidence, or presenting a solid defense in court can all lead to reduced charges.
If you’re facing a DUI charge, it's crucial to have a skilled DUI defense lawyer who understands Tennessee’s laws and can help you explore all the available options.
In some cases, it may be possible to have your DUI charge reduced to a lesser offense, such as reckless driving. While this still carries penalties, it is far less severe than a DUI conviction. As your lawyer, I will work with you to determine the best approach for your case, aiming for a reduced charge whenever possible.
The First Steps
As a criminal defense attorney in Tennessee, I’m committed to providing my clients with the best possible defense. I’m proud to serve the people in Chattanooga and the rest of Tennessee. Call me at Zak Newman Attorney at Law today.