Can you get your DUI dismissed?
The most common way to get an Orange County DUI dismissed is to convince an Orange County Prosecutor (that is, a member of the District Attorney of the County of Orange) that there is proof that would lead to a valid DUI factual defense, or a DUI legal defense, that might otherwise lead to a not guilty at trial.
Rather than dismiss the case outright, however, in most cases, they will offer a reduced charge. In cases I have handled in the past, I have had cases reduced from a DUI charge to any of the following:
- A speeding ticket;
- A speed contest charge;
- Drunk in public;
- Public fighting; or
- A dry reckless (reckless driving without alcohol.
- A “wet reckless“, or reckless driving with alcohol, is also a common reduction of a DUI charge in California.
Getting charges reduced in a DUI case is considered a major victory, because the DUI charges end up being dismissed.
Some of the above are infractions. An infraction, like a traffic ticket, doesn’t leave a criminal record, like a DUI does. That is a major reduction. It is also rare, but we have done it in the recent past.
The facts, i.e., the bac, the video, the arrest scenario, must be very good for our case.
Other charges are misdemeanors, but are below a DUI. That may save you money, or points, or look better on your record, but there are usually conditions that come along with any misdemeanor conviction, like probation, community service, and fines.
Sometimes we catch police cutting corners by using “cut and paste” across several police reports, or exaggerating evidence, or outright lying. If we discover that the police violated any of your constitutional rights, then a motion to suppress evidence is appropriate, and we will write, file, and argue that motion. That is rare, however.
The police know that the arrest and interview of you is being recorded, and that a defense attorney will likely scrutinize their actions. Still, they sometimes make mistakes.
Our job, as Orange County DUI Defense lawyers, is to analyze the weaknesses in the prosecutor’s case, and to try to convince them, or a judge, to dismiss your DUI.
Contact us today to discuss dismissing your DUI charge in Orange County. We can help you.