A DUI in California is considered a serious offense that puts other people's lives at risk. It's punishable with several penalties, depending on how severe the offense was and whether it was the driver's first, second, or third time doing it.
Some of the penalties include fines, probation, and jail time. While not all of these penalties are severe, they can affect the driver's life. In some cases, it may be possible to get DUI offenses reduced or dismissed. By hiring an experienced DUI lawyer, these people may create a solid strategy that helps them.
How often are DUI charges reduced in CA? This article explains all the essential information drivers should know. Goss Law can also explain what happens if you get a dui under 21 in CA.
Can People Get Their DUI Charge Reduced?
The short answer is yes. DUI charges may be reduced to lesser ones like reckless driving. While this happens often, there's no way to tell what a person's chances are with accuracy, as every DUI case is unique.
People with a first-time conviction, for example, may have an easier time getting their charges reduced if the circumstances allow it. It all depends on several factors, but one of the most important ones is the presence of DUI lawyers.
Before moving on to the factors that affect a DUI arrest, it's important to learn more about misdemeanors and felonies in general.
In California, drivers with a BAC of 0.08% or higher can be convicted of a DUI. Prosecutors in the state can charge these people with two crimes:
California Vehicle Code Section 23152(a) - Driving under the influence of alcohol
California Vehicle Code Section 23152(b) - Driving with a BAC of .08% or higher
If the person were to get both charges, they would count as a single conviction.
First-time offenders may face the following penalties:
Driving probation for up to three years
Up to $1,000 in fines
Minimum of two days in county jail (or a maximum of six months)
License suspension for up to 10 months
Mandatory DUI education
Most cases will start as a misdemeanor. However, some "aggravating circumstances" can make the case and its penalties worse. Some of these circumstances include:
Having a BAC of .15% or higher
Reckless driving
Having an accident that results in property damage or bodily injury
Having three DUIs within 84 months
Refusing to take a BAC test
Driving without a driver's license
Driving while on probation for another crime
If these situations apply, the case may escalate to a felony.
To summarize, a person's DUI charges can be reduced, but it depends on the circumstances.
Which Factors Affect the Odds When Working with DUI Cases?
Here's a list of factors that play a role in a person's DUI case:
Evidence: Evidence plays a huge role in most DUI cases. If there are any problems with pieces of evidence, such as the breathalyzer or blood test results, the prosecution's case may weaken. This could result in the charges getting dismissed.
Legal Defense: Getting help from an experienced DUI attorney will greatly affect a person's chances of winning a case. These experts can navigate different arguments to get the charges reduced, such as the accuracy of the test results, lack of probable cause, and more.
Legal Procedures: If a person's constitutional rights were violated at the time of a DUI arrest, the person can challenge the validity of the charges. This could lead to a reduction or dismissal of the case.
Plea Bargains: A plea bargain can help a person reduce their charges or penalties, depending on the case. By getting help from a professional DUI lawyer, the driver may have a better chance of getting a result that works for them.
Prior Behavior: The person's criminal record and past behavior could influence the severity of a DUI punishment. If the person has a clean record, they may have an easier time handling their case.
What Are the Most Common Reasons for Dropping a DUI Conviction?
Many circumstances can lead to DUI charges getting dropped. Below is a list of the most common ones:
Faulty Test Results
Two of the most common tests used to measure a person's BAC level are the breathalyzer and blood tests. These tests don't always provide perfect results, though. Some problems like malfunctioning equipment or poor calibration can lead to faulty results.
A dedicated DUI lawyer can challenge the accuracy of these tests. If they're successful, the charges may be dropped. They can assist with questions such as how long is your license suspended for dui in CA?
Lack of Probable Cause
Law enforcement officers must have "probable cause" when arresting someone. It means that they have a reasonable belief that the driver was committing a crime.
In other words, if the officers don't have a valid reason to arrest the person, that could result in dropped charges.
Violation of Constitutional Rights
If law enforcement officers violated a person's constitutional rights at the time of the arrest, that will affect the prosecution's case. All people are entitled to certain "benefits," including the right to have legal representation and remain silent.
Officers who conduct unlawful searches or don't read the person their Miranda rights may cause the case to get dropped.
Insufficient Evidence
Prosecutors must provide enough evidence to prove a person's guilt beyond a reasonable doubt. In some cases, however, there may not be enough proof of the person's crime, which can weaken the case.
Lawyers can raise doubts about the case if there's not enough evidence, which can lead to reduced or dropped charges.
Some people hire a Los Angeles DUI lawyer to create a solid argument for this, but people should always contact a local expert to help them. People in Sacramento may not benefit from Los Angeles DUI attorneys in Sacramento CA, but thankfully, the team at Goss Law can assist them.
What Happens When a Person Gets Their DUI Offense Dismissed?
When drivers get their DUI charges dropped, they could get their driving privileges restored, allowing them to keep driving as usual.
Also, the person will protect their criminal record, which will impact their personal/professional life.
Finally, drivers with dropped charges may get financial and emotional relief.
Conclusion
DUI offenses are serious, so they deserve strict punishment. However, not all cases are the same, and some people may have been wrongfully convicted.
Drivers who believe they have a solid case to present can talk to the team at Goss Law. Its experts are ready to help people in Sacramento evaluate every small detail, ensuring there's nothing missing during the defense process.
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