Many people think of driving under the influence (DUI) charges as slam-dunk cases for prosecutors. Police officers may have seen someone driving poorly or watch them fail field sobriety tests. They may have gathered chemical evidence or even convinced the driver to confess to consuming alcohol before getting behind the wheel.
Even those who firmly believe that they were perfectly safe to drive often plead guilty because they think it is impossible to fight DUI charges. In reality, many DUI defendants who take their case to trial have a reasonable chance of prevailing. They may have a different explanation for field sobriety test results or an elevated blood alcohol concentration.
Many people who partner with defense attorneys can raise a reasonable doubt about whether they were actually under the influence or not. In some cases, defense attorneys can even prevent DUI charges from going to trial by convincing the state to dismiss the pending charges.
How do lawyers convince prosecutors to drop DUI charges?
By eliminating most or all evidence
The simplest way to convince a prosecutor to drop charges against a defendant is to eliminate the evidence they need to obtain a conviction. Doing so can be relatively straightforward in cases involving DUI offenses.
Sometimes, police officers are overzealous while out on traffic patrol. They pull people over without a real explanation and assume they can find an excuse as they approach the vehicle. When an officer cannot immediately articulate the probable cause for a traffic stop, they may have inappropriately detained the driver.
Their decision undermines the state’s ability to successfully prosecute the matter in the criminal courts. If police officers break the law or violate the constitutional rights of an individual, the evidence they gather through that misconduct may not be usable in court.
Defense attorneys can use the exclusionary rule to challenge evidence obtained during an inappropriate traffic stop. The courts may have to set aside statements made by a driver, field sobriety test results and chemical test results because the initial traffic stop was inappropriate and illegal. That may then result in the state dismissing the charges because there is nothing to substantiate the claim of impairment at the wheel.
Convincing the state to drop DUI charges is one of the fastest positive resolutions possible in a case involving drunk driving allegations. To that end, drivers who want to avoid fines, prison and driver’s license suspensions may need help planning an effective defense strategy.