Updated: 02/09/2024
The main reason why you’d hire a DUI lawyer in Indianapolis is to help get your DUI charges dropped. While that may not be realistic, they may be able to get them reduced. It all depends on your case. The only way to know for sure is to call and talk to an experienced DUI lawyer in Indianapolis as soon as possible.
If you would like to know more information about Pre-trial diversion, view this page.
How To Get DUI Charges Dropped
Facing DUI charges can be daunting, with potential impacts on your license suspension, criminal record, and even jail time. However, with the assistance of an experienced DUI attorney, there are strategies to potentially get these charges dropped or reduced. Key approaches include challenging the blood alcohol concentration (BAC) results, questioning the legality of the traffic stop, and disputing the law enforcement officer’s observations.
How Your DUI Attorney Can Beat the Charges
- Challenge the Accuracy of the Breathalyzer Test: Disputing the accuracy of the breathalyzer test results can be a strong legal defense. Factors such as improper calibration of the device or incorrect administration of the test can lead to unreliable blood alcohol readings.
- Question the Traffic Stop: A DUI defense may argue that the initial stop by a law enforcement officer lacked reasonable suspicion, making any evidence collected during the stop inadmissible in court.
- Examine the Procedure: Errors in the legal process, including the handling of the BAC test, can affect the admissibility of evidence. A licensed attorney specializing in DUI cases will scrutinize these procedures for any inconsistencies.
- Negotiate a Plea: In some instances, pleading guilty to a lesser charge, such as reckless driving, might be a strategic decision advised by your DUI lawyers to avoid the harsher legal penalties of a DUI conviction.
The Prosecutor May Not Be Willing to Entertain a Dismissal
It’s a prosecutor’s job to put criminals behind bars. If you commit a crime, including a DUI, you will be facing jail time. If the prosecutor feels they have a strong case, there’s no incentive for them to dismiss the charges. They may not be willing to reduce the charges either. Your DUI lawyer in Indianapolis will let you know what kind of reputation the prosecutor has. If they’re very strict they probably won’t entertain a dismissal. They may be determined to press the case to the fullest.
Your DUI Lawyer in Indianapolis May Be Able to Get the Charges Reduced
The goal of your DUI lawyer in Indianapolis is to get your charges dismissed. If they’re not able to do that, they’ll try to get the charges reduced. They’ll try to poke holes in the State’s case and get evidence tossed out. They’ll look to see if the breathalyzer test was properly administered. They’ll also look to see if the traffic stop was lawful. If your case is strong enough, the prosecutor may be willing to reduce the charges. It all depends on the facts of your case. It also depends on your criminal record. If you have prior convictions for DUI or any other crime, it’ll be harder to convince a prosecutor to reduce or dismiss the charges.
You May Be Able to Plea to a Wet Reckless
If you’re arrested for DUI, the only option you really have for a reduced charge is reckless driving. Many people refer to this as a “wet” reckless because, technically, you were drinking alcohol prior to your arrest. There is no promise that the prosecutor will offer this plea in your case. They limit these cases to those where the defendant’s blood alcohol concentration (BAC) is right over or under the legal limit of .08. It’s the only plea the prosecutor can offer you without your being convicted of DUI. Just keep in mind, if you have prior convictions for DUI, a wet reckless will not be available to you. Even if you have prior charges but no convictions, the prosecutor may not want to make this offer. They’ll be afraid that you have no respect for the drunk driving laws since you’ve been arrested for DUI before.
There are Benefits to Avoiding a DUI Conviction
Obviously, nobody wants to be convicted of DUI. There are times when you hovered right over the line as far as your blood alcohol concentration is concerned. If this is the case, your attorney may be able to get your charges reduced or dismissed. If you take advantage of the prosecutor’s offer to plead guilty to a wet reckless, you’ll still face serious penalties. However, it won’t be anywhere near as bad as if you’re convicted of DUI. Some of the benefits of pleading guilty to reckless driving include the following:
- No conviction for DUI on your permanent record
- You won’t be at risk of losing your professional license
- You won’t be facing as much jail time (or any time at all)
- The fine will likely be much lower
- You won’t have to worry about installing an ignition interlock device
Knowing how much a difference this sort of plea can make, you really want to have an experienced DUI lawyer in Indianapolis there to walk you through the process.
You Should Call an Experienced DUI Lawyer in Indianapolis
Anybody who has been through the ordeal of a DUI trial will tell you it’s not a good idea to try to do it by yourself. Having a seasoned DUI lawyer in Indianapolis by your side can make all the difference in your case. Of course, there’s never a guarantee when it comes to a criminal case. In fact, your lawyer may tell you upfront that there’s no way they can get the charges dropped. But that doesn’t mean they won’t be able to get you a better outcome than you’ll get on your own. Knowing how much is at stake should be enough to convince you to call an experienced DUI lawyer in Indianapolis.
FAQs
How Do You Beat a DUI Charge?
Beating a DUI charge requires a nuanced legal defense that often hinges on technicalities in evidence collection, the administration of BAC tests, and the conduct of the arrest by law enforcement. Asserting reasonable doubt about the driving under the influence allegations, whether through challenging the blood alcohol concentration evidence or the circumstances of the traffic stop, is central to a successful defense.
Can a Lawyer Get You out of a DUI?
Yes, a DUI attorney can significantly increase your chances of mitigating or even escaping DUI charges altogether. Their expertise in criminal defense and understanding of the complexities of DUI law enable them to identify weaknesses in the prosecution’s case, negotiate better plea deals, and present a compelling defense that challenges evidence or procedural errors.
How Can You Beat a DUI Charge?
Beating a DUI charge involves several potential strategies, all aimed at creating reasonable doubt about the guilt of the accused. These can include challenging the validity of the blood alcohol concentration result, proving that the legal limit for blood alcohol was not exceeded, or demonstrating that the DUI arrest was conducted without proper legal process. The best approach depends on the specifics of the case and the advice of a knowledgeable DUI attorney.