Can You Get Your DWI Charge Dismissed or Reduced?
If you have been charged with a DWI (driving while intoxicated), you may wonder if it’s possible to have the charge dismissed or reduced. The good news is that, in certain circumstances, it’s possible to either get a DWI charge reduced or even dismissed altogether. However, several factors will determine whether this is possible.
At Friedrich Law Office, P.C., located in Raymore, Butler, and Harrisonville, Missouri, we understand the gravity of a DWI charge and the potential consequences it can bring to your life. We aim to help you explore the key elements that can determine whether a DWI charge can be dismissed or reduced and help you make informed decisions.
An Overview of DWI Charges
A DWI charge refers to driving while under the influence of alcohol or drugs, typically measured by blood alcohol content (BAC). While the legal limit for BAC is generally 0.08%, you can still face DWI charges if your BAC is lower or if you have taken drugs. DWI charges are serious, and they can result in fines, license suspension, and even jail time.
To get a DWI charge reduced or dismissed, you’ll need to demonstrate weaknesses in the case brought against you. For example, if there were issues with how the traffic stop was conducted, or if there was no probable cause for the officer to make the stop in the first place, your attorney may be able to argue that the evidence shouldn’t be admissible.
Furthermore, if the arresting officer didn’t follow proper procedures when administering sobriety tests, or if the tests themselves were flawed, there may be an opportunity to challenge the charge.
When Can a DWI Charge Be Dismissed?
A DWI charge might be dismissed in certain situations. However, this outcome is rare. A dismissal typically occurs when the prosecution fails to present sufficient evidence or if critical evidence is excluded from the case.
Other factors could lead to a dismissal, such as procedural errors by law enforcement or flaws in the handling of evidence. Some common reasons a DWI charge might be dismissed include:
Lack of probable cause: If the officer didn’t have a valid reason to pull you over, the evidence gathered during the stop could be inadmissible.
Improper administration of tests: If field sobriety or breathalyzer tests weren’t properly administered, this could weaken the case against you.
Errors in evidence handling: If the evidence (such as your blood alcohol content) wasn’t handled properly, it could be dismissed.
A dismissal isn’t guaranteed, but it can happen under the right circumstances. Understanding the factors that may affect the likelihood of dismissal is essential. Now, let's take a closer look at the potential penalties for a DWI conviction.
Potential Penalties for a DWI Conviction
If you’re convicted of a DWI charge, the penalties can vary depending on several factors, including the jurisdiction, your BAC, and whether it’s a first or repeat offense. Penalties typically include fines, license suspension, and possibly jail time.
However, a reduced charge or lesser penalties may be available if your attorney can secure a favorable plea deal. Some possible penalties for a DWI conviction include:
Fines: A conviction often results in significant fines, which can range from hundreds to thousands of dollars.
License suspension: Your driver's license may be suspended for a set period.
Jail time: Depending on the severity of the offense, jail time may be a possibility, particularly for repeat offenders.
Understanding the penalties involved can help you weigh the options and determine the right course of action. Now, let’s look at the factors that can impact your specific DWI case.
Factors That Could Impact Your DWI Case
Several factors can play a role in whether your DWI charge can be reduced or dismissed. These include the circumstances surrounding your arrest, the strength of the evidence against you, and any previous criminal history.
An experienced DWI attorney will examine all the details of your case and identify any weaknesses or opportunities for a favorable outcome. Some factors to consider in your case include:
The accuracy of the breathalyzer test results: Inaccurate test results may help your case.
The location of the arrest: Some jurisdictions have stricter rules for handling DWI cases, which may work to your advantage.
The presence of witnesses: Witness testimony or video footage may provide evidence that supports your case.
Given the intricacy of DWI cases, understanding these factors can be crucial in determining your chances of getting the charge reduced. Let's now look at the immediate steps you should take after a DWI arrest to protect your rights.
Steps to Take After a DWI Arrest
If you've been arrested for a DWI, it’s important to take immediate action to protect your rights and build a strong defense. It's important to consult with an experienced attorney who can guide you through the legal process and help you understand your options.
The sooner you begin working with a lawyer, the better chance you have of securing a favorable outcome. Some steps you should take after a DWI arrest include:
Contacting an attorney: A knowledgeable DWI attorney can provide crucial guidance and represent you in court.
Reviewing the evidence: Your attorney will work with you to examine the evidence against you, including any test results and witness testimony.
Preparing for court: Your attorney will help you prepare for any hearings or trials and work to negotiate a favorable outcome.
Taking these steps can help you build a solid defense and give you the best chance at a reduced or dismissed charge. With this in mind, it’s time to understand the possible outcomes of a DWI case.
Possible Outcomes of a DWI Case
While every DWI case is unique, there are a few possible outcomes that may result from your case. These outcomes will depend on the facts of your case, the evidence available, and your attorney’s ability to negotiate with the prosecution.
In some cases, a plea bargain may lead to a reduced charge, while in others, your case could go to trial. Some possible outcomes for a DWI case include:
Reduction in charges: Your attorney may be able to negotiate a plea deal that reduces the charge from DWI to a lesser offense, such as reckless driving.
Dismissal: In rare cases, the charge may be dismissed due to insufficient evidence or procedural errors.
Conviction: If the case goes to trial and you’re convicted, you may face penalties such as fines, license suspension, or jail time.
Each outcome carries different implications, and it’s essential to have a strategy in place. Now, let’s wrap up by discussing how working with a skilled attorney can help you manage your DWI charge.
Get Legal Help Today
If you’re facing a DWI charge, don’t wait to seek help. Our experienced DWI attorneys will review your case and work diligently to explore all possible defenses and legal strategies to get your charge reduced or dismissed.
We proudly serve clients throughout the communities of Kansas and Missouri. Contact Friedrich Law Office, P.C. today to schedule a consultation.