Can My DUI Charge Be Dropped?

July 18, 2019

Being charged with a DUI offense can be intimidating, overwhelming, and confusing. The consequences of a DUI often impact a person’s life in many ways. If you have been charged with a DUI in Florida, you may be wondering if there is any way to get your DUI charge dropped. The answer is yes. With the help of a skilled legal team, you may be able to have your DUI charged dropped. 

The most important thing you can do following an arrest to ensure a positive outcome in your case is to contact a reputable and skilled lawyer who will work aggressively on your behalf to have your DUI charges dropped or at least reduced. Whether you have been arrested for a DUI offense, or you’re helping a friend or loved one, it is crucial to access as much helpful legal information as possible. Having a thorough understanding of your legal rights and how to defend yourself in your DUI case is critical. 

Is There Any Way to Have DUI Charges Dropped in Florida?

In many DUI cases, you can fight the charge even if you willingly submitted to taking the DUI sobriety tests. You don’t have to accept the test results or the presented evidence. Your DUI lawyer will look at all of the facts surrounding your arrest and will carefully scrutinize all of the circumstances and facts that pertain to your case.  Your Florida DUI attorney will look at the following information as they work to build a strong case for dismissal of the charges against you:

  • Were you really driving at the time that the DUI was alleged?
  • Were your DUI field sobriety tests administered in the correct way?
  • Were your DUI field sobriety test results interpreted correctly?
  • Did the officer who stopped you have probable cause to do so?
  • Were the chemical test results from your DUI tampered with or inaccurate?
  • Does the court have jurisdiction over your DUI charges?
  • Were there factors that were underlying that may have contributed to your DUI charge such as fatigue, prescription medications or footwear issues?

After your attorney has had a chance to analyze all of this information they will work diligently to put together an aggressive defense in an effort to avoid a DUI conviction altogether. 

Find a DUI lawyer who fully understands the Florida court system and knows the DUI laws in your area to ensure that you have the best possible outcome in your DUI case.  

Reduction or Dismissal of DUI Charges in Florida

Not all DUI cases in Florida go to trial. Depending on the unique circumstances of your case, an experienced attorney may be able to get your charges reduced or dismissed using the skills and knowledge they have gained through years of experience.  

A DUI reduction may be possible if your case meets one or more of the following factors:

  • You are a first-time criminal offender;
  • You are a first time DUI offender;
  • There is insufficient evidence to support the charge;
  • The evidence for your charges is inadmissible;
  • There was an error on the DUI test;

There are also several factors that can help a person charged with a DUI offense have their case dismissed. Along with some of the above-mentioned factors, your case may be dismissed if:

  • There has been a violation of your rights; or
  • The judge approves a Motion to Dismiss.

Approved DUI Pretrial Intervention Programs 

In some counties a DUI dismissal and subsequent expungement is possible. These cases often require that individuals charged with DUI offenses participate in state-approved pretrial intervention programs. You may be eligible for this agreement if:

  • You have only one previous conviction for a non violent misdemeanor;
  • You have not previously participated in a pretrial intervention program; and
  • The prosecutor, judge, and any victim agree that a pretrial intervention program is a viable option.

These programs often require offenders to attend a specific number of hours of education, psychological treatment, and counseling. Once the program is completed, offenders are able to request an expungement. Working with an experienced DUI attorney can greatly improve your chances of having your case dismissed or reduced. 

The Consequences of a DUI Arrest

Individuals who are arrested for their first DUI in Florida face several severe charges.  Upon conviction, individuals face sentences which could include:

  • Between $500 and $2,000 in fines;
  • Up to six months in jail;
  • Up to fifty hours of community services;
  • Driver’s license suspension for six months to one year.

These fines are more severe for repeat offenders. A second DUI arrest could result in a:

  • Nine-month jail sentence; 
  • Up to $4,000 in fines;
  • A driver’s license suspension up to five years.

While a third offense can result in:

  • Up to five years in jail;
  • Up to $5,000 in fines;
  • A ten-year driver’s license suspension. 

If you are arrested for a DUI offense, it is imperative for you to hire a DUI attorney to help with your case. In instances where dismissals are not possible, finding a lawyer who will work diligently to help you reduce the charges and penalties is of the utmost importance.

Florida DUI Attorneys at Musca Law Can Help You

Musca Law has over 150-years of combined experience helping Florida residents fight their DUI charges. If there is a crack in the prosecution’s case or a justifiable reason for a reduction or dismissal of DUI charges, Musca Law will find it. Our successful experience with handling criminal hearings and DUI formal administrative review hearings for clients has aided in our ability to help individuals facing these charges keep their driving privileges and save their jobs, homes, and reputations.

If you are being charged with a DUI offense, contact Musca Law at (888) 484-5057 or visit our contact us page. We understand that many of our clients run into trouble at very inconvenient times, which is why we are available 24 hours a day, 7 days a week to help. We will review the unique circumstances of your case to see what Musca Law can do to fight for a reduction or dismissal of your DUI charges.