How many first DUI cases result in a conviction?

Determining how many first DUI arrests lead to conviction is something that would need to be done on a state level. DUI, or driving under the influence, laws are enforced by local law enforcement individually within each state, as opposed to by the federal government.

While most states do provide reporting information on the number of DUI arrests and convictions, this data is not necessarily broken down into whether the conviction resulted from a first offense or not. For example, California's annual report of its DUI management system records information on the number of arrests and the number of convictions, but does not detail whether those arrested were first offenders. The data in California that is available, however, indicates that there were 203,866 DUI arrests within the state in 2007 and that there were 153,348 convictions during that same time period.

It is important to note when considering these statistics and similar ones from other states, that what happened in other past DUI cases is not necessarily going to be reflective of what will happen in your specific DUI case. When evaluating whether a first time DUI arrest is likely to result in conviction, there are a number of different factors that must be taken into account. These factors include:

• The laws of the state where the offender lives: Some states allow for diversion programs for first time DUI offenders. When a diversion program is permitted, it allows the DUI offender to avoid a criminal conviction by instead entering into a program that is overseen by the court and/or Department of Justice or prosecutor's office for the relevant state. The diversion program may involve the offender submitting to alcohol counseling and undergoing probation, among other things, but will allow him or her to avoid a conviction.
• The evidence available against the offender and the possibility of defenses: When evidence is improperly collected in violation of a person's fourth amendment rights, or when there is some problem with the evidence such as a faulty breathalyzer, the individual offender may be able to have the charges dismissed or dropped.
• The availability of plea options: In some states, something called a "wet reckless" exists that allows offenders to plead to a special type of reckless driving charge instead of to a DUI. When this exists, some first offenders may be able to plea bargain their charges down to avoid a DUI conviction.

Ultimately, all this means that looking at past statistics on DUI convictions are not the best course of action to determine what is likely to happen in your DUI case. Instead, you should consult with a qualified criminal law attorney who can evaluate your situation and assist you in determining your best course of action.