A DWI charge isn’t something to be taken lightly, and most people are aware of how serious an offense it is. Not only does it have far-reaching consequences for any victims of the drunk driver, but it’s also a severe crime with some penalties that can make a major impact on the convicted person’s life. As such, if you are arrested for DUI, you may wonder if there is a way to get a DWI dismissed.
Can You Get a DWI Dismissed?
Those who are faced with a DWI charge may feel, for various reasons, that justice would be better served by the dismissal of the charge. Perhaps nobody was injured in the crash, and the person knows he or she made a serious mistake. Perhaps the consequences of the conviction will, for various reasons, be too much for the person – either because of serious penalties or because of the charge remaining on his or her background record. Perhaps, too, the person simply feels the charge was undeserved for any number of reasons. Regardless of the reasoning, you should be warned that dismissal of a DWI charge is a very rare occurrence. No judge likes to turn a blind eye to a DWI charge, because of the potentially damaging nature of the crime itself. It is not something that is taken lightly.
With all of that said, if you have a reason to want to try and get a DWI dismissed, it is technically possible to do so.
- Your best bet in this situation is going to be to talk to a skilled attorney. You should have one working on your side and, in fact,you should hire one the minute you’re charged. Your attorney will have knowledge of various ways that you may be able to get your charges dismissed, such as negotiating with the prosecution, proving improper actions by the court and/ or arresting officers, or questioning the legality of the traffic stop and/ or field sobriety tests.
- In a nutshell, unless you have a particularly forgiving judge and an extremely strong case for negotiation, your only real chance of getting a DWI dismissed is to prove a flaw somewhere in the system. This could be a simple mistake in procedure, or it could be an error that caused a false DWI charge in the first place. Proving these types of errors, and following them through to a dismissal of the case, is not easy. Even skilled trial lawyers are not always able to undertake such a task, particularly when evidence is scarce. It’s worth a try, if you feel it’s justified, but you should be prepared to defend yourself at every turn with solid evidence and proven arguments.
Your best chance of getting a DWI dismissed is to hire a lawyer with experience in challenging DWIs. Your lawyer can help you understand different defenses available to you and can assist you in building a case to prove your innocence so you can get the charges dismissed.