A false DUI (Driving Under the Influence) refers to an individual being wrongly accused or charged with a DUI offense, despite not being under the influence of drugs or alcohol while driving. These types of arrests and charges are more common than you may think, and they can happen for many reasons.
Roughly three out of 10 Californians charged with DUI were not convicted of the crime. Because the burden is on the state to prove that someone was under the influence of a drug or alcohol, there are multiple defenses that an attorney can use to help their clients get their DUI case dismissed.
There's no singular guaranteed way your criminal defense attorney will be able to get the charges against you dismissed or reduced in severity; instead, it's likely your lawyer will use a combination of various defense arguments and strategies, depending on the details of your case and the evidence they're able to ...
The top 10 legal defenses to DUI charges are: The Officer Did Not Conduct a 15-Minute Observation. The Officer Did Not Comply with California's Title 17. Your BAC Was “On the Rise” You Were “Mentally Alert” Hypoglycemia, Diabetes or a High Protein Diet Inflated Your BAC. The Officer Did Not Follow Proper Procedure.
Roughly three out of 10 Californians charged with DUI were not convicted of the crime. Because the burden is on the state to prove that someone was under the influence of a drug or alcohol, there are multiple defenses that an attorney can use to help their clients get their DUI case dismissed.
The most common plea bargain for a first DUI is a reduction to reckless driving. This can result in lighter penalties such as reduced fines, fewer points on your license, and potentially avoiding jail time.
Q: Can You Get a DWI Reduced in NC? A: North Carolina does not have the potential for DWI charges to be reduced to a lesser violation, as is the case in some other states.
Depending on the circumstances of your situation, how an officer collects evidence, and how breath and blood tests are administered and processed, the charges against you can be dismissed or penalties reduced if you've never had a DWI before.
You can take legal action, such as filing a defamation lawsuit or a malicious prosecution claim. False accusations can lead to severe penalties for the accuser, including jail time and hefty fines. Randall & Bruch, PC can defend you and help you recover your life and reputation if you've been falsely accused.
Other Charges for Countersuing After a DUI Arrest You may be able to pursue a civil suit tied to a bad-faith arrest if you were set up for a DUI arrest in California. Civil cases can allow you to seek compensation for your losses, including the funds you spend defending yourself from false charges in court.