Being arrested and charged with DUI can be a terrifying experience. This is especially true if you’ve never been in trouble with the law. Our Asheville DUI attorneys meet with hundreds of clients every year who have been charged with DUI. One thing they all have in common is that they want us to get the charges against them dismissed.
While this isn’t always possible, there is a good chance your DUI lawyer in Asheville can get the charges reduced.
Your DUI Lawyer in Asheville Will Need to Poke Holes in the State’s Case
In order to convince the prosecutor that you deserve a favorable plea deal, your DUI lawyer in Asheville will need to poke holes in the State’s case. This means they’ll need to submit evidence showing that the arrest itself was unlawful.
Another tactic your Asheville DUI attorney can take is arguing that the breathalyzer was not working properly. If they’re able to cast doubt on the arrest and the breathalyzer, there’s a good chance the prosecutor will be open to a plea deal.
Can Your Asheville DUI Attorney Prove the Arrest Was Unlawful?
One of the first things your Asheville DUI attorney will do is try to prove your arrest was unlawful. For example, did the police have a reason to pull you over? Are there notes in the officer’s report indicating that you had done something wrong?
Another way to prove the arrest was unlawful is to demonstrate that you didn’t appear to be impaired at the time of the arrest. For example, if there is a video of your arrest, your lawyer can look to see how you appeared to the officers.
Perhaps Your DUI Lawyer in Asheville Can Challenge the Validity of the Breathalyzer Test
One point your DUI lawyer in Asheville can bring up is that the breathalyzer test was invalid. Your attorney may look at the video of your arrest and notice that it took the cops three times to get the test to work.
Your lawyer can also argue that your BAC was barely at the .08 limit and that, by the time you got to the police station, it was down below .05.
Did the Police Forget to Read You Your Miranda Rights?
One mistake the police make more often than you may think is forgetting to read a suspect their Miranda rights. Whenever the police detain a suspect, they are required to read the suspect their Miranda warning.
If the officers fail to do this, then the evidence they collected after the fact will have to be ruled inadmissible. If this happens, the State may have to dismiss the charges.
Your Asheville DUI Attorney May Be Able to Prove That Key Evidence is Missing
The only way the State can convict you is if they have sufficient evidence to prove you were driving while impaired. If your Asheville DUI attorney can prove that this evidence is missing, the prosecutor may have to dismiss the charges.
One way this can happen is if the officer’s bodycam wasn’t working. The officers are required to record the traffic stop and field sobriety test. If this is missing, all the State will have is the officer’s own statement about how you performed on the test.
You Can Argue That the Field Sobriety Test Was Not Administered Fairly
Another way your Asheville DUI attorney can get the charges dismissed is by proving the field sobriety test wasn’t administered fairly. Police officers must comply with their County’s policy regarding the field sobriety test.
If you can prove that the officer forced you to perform tests not included in the normal policy, you can demand that the charges be dropped.
The same is true if the officer mistreated you during the field sobriety test. For example, if they kicked your feet out from under you while you did the one-legged stand.
Did You Tell the Police That You Were Suffering from a Medical Condition?
When the officers asked you to perform the field sobriety test, did you tell them that you suffer from a medical condition? If this medical condition makes it impossible for you to perform the test, it may be enough to get the charges dismissed.
The same is true if your medical condition explains your demeanor when the cops pulled you over. For example, if you were stuttering when they asked you questions, they may have taken that to mean you were impaired.
Was the Weather Inadequate for a Field Sobriety Test?
While it doesn’t happen all that often, there is a chance that you were forced to perform the field sobriety test during inclement weather. If there were torrential rains or a hailstorm at the time of your traffic stop, it’s understandable that you wouldn’t perform all that well.
Your Asheville DUI Attorney Will Do Their Best to Negotiate a Favorable Plea Deal
When you first meet with an Asheville DUI attorney, they’re going to ask you to tell them your story. Before they can prepare your defense, they need to know exactly what happened. If the police officers did something unlawful, your DUI lawyer in Asheville can ask for the charges to be dropped.
It’s important that you don’t get the impression that it’s easy to get your DUI charges dismissed. In fact, it is quite difficult. Unless your Asheville DUI attorney has clear and convincing evidence that your arrest wasn’t lawful. It will be hard to get the charges dismissed completely.
Just because your attorney can’t get the charges dismissed doesn’t mean they can’t get them reduced. In many cases, our DUI lawyers in Asheville are able to negotiate a favorable plea with the prosecutor.
Reach Out to a Skilled Asheville DUI Attorney Right Away
Having an attorney by your side can make a big difference in your case. In fact, it can make the difference between being convicted of DUI and having the charges dropped to reckless driving. This is why we suggest you call our office and schedule an appointment with one of our Asheville DUI attorneys.