A DUI conviction can have serious consequences, such as causing your auto insurance rates to go up and causing harmful points to accumulate on your driving record. In order to avoid these consequences, it is imperative that you aggressively defend any DUI charge against you. While being arrested, and especially being arrested for DUI, is frightening, the case can come to a satisfactory outcome. In the most extreme of circumstances, you might be able to get the case dismissed, but the more frequent outcome is that the charge is reduced.
But just what type of lesser charge can you expect? The answer depends on the specific facts of your case, and how those facts are presented to the prosecution. Many times, a successful outcome is one where the charge is reduced to a lesser moving violation charge, but not something as minor as a mere parking ticket or simple careless driving charge. That said, most reductions in charges mean a less severe impact on your driving record and also on how your insurance company views the violation.
With this information in mind, the next thing to consider is just how to go about getting a DUI charged reduced. Three ways to have the charge reduced include:
● Negotiate with the prosecution for a reduction in the charges, which usually requires you to enter into a plea agreement. Part of the plea agreement may require to you go on probation, and probation will have its own set of rules to follow. For instance, most probationary terms in DUI cases include the requirement that the defendant have an interlock device installed in their car. The interlock is a device that requires the driver to blow into it before the car’s ignition will start, if the device detects a certain level of alcohol, your car will not start for a period of time.
● Develop the evidence in your case in such a way that the prosecution is left with no choice but to reduce the charges. This could include attacking the way in which the breath test was administered and showing that there were other errors made on the part of the police. This is accomplished by a thorough investigation into the facts and an intensive work up of all of the pieces of evidence in your case.
● Provide proof that the breath test result was a false positive, which oftentimes is done by offering alternatives for the result, such as the existence of another substance in your system. Again, this requires a thorough examination into the specific facts of your case, and a clear presentation of those facts to the prosecution.
The alternatives will not necessarily work in every case, and there may be other ways for you to get the charges against you reduced that are not outlined about. The key is to find the facts that are best for you, and then give those facts to the prosecution with a compelling argument as to why the charges should be reduced. To get up this seemingly insurmountable mountain, the skill of an experienced DUI defense attorney is needed.
If you have questions about how to have a DUI charge reduced, call our office for answers. Call an experienced criminal defense attorney in Key West to schedule an appointment today.