You may get charges for driving under the influence (DUI) dropped before going to court in California if your lawyer can suppress enough of the prosecution’s evidence. The court may also drop your charges if you get a pretrial diversion in limited cases.
Additionally, the court may dismiss DUI charges if a lawyer establishes that the police stopped you without probable cause. A Los Angeles DUI lawyer knows the ins and outs of the California legal system.
An attorney can offer tips and guidance to help you contest a DUI charge. In addition, your criminal defense attorney can answer common questions about how to get your charges dropped before the court in California.
How Can You Get the Court to Drop Your DUI Charges?
In California, there are various grounds for dismissal relating to criminal DUI cases. A criminal defense lawyer may get your charges dropped before the court in California through:
Suppression of Evidence
There can be instances in which police officers investigate a person in a Los Angeles DUI case and illegally collect evidence. In these instances, the court removes the evidence the police officers may have hoped to support their claims from the case.
Insufficient evidence can ultimately lead a court to dismiss a DUI case altogether. A criminal defense lawyer can file a motion to block illegally collected evidence. A lawyer can help you determine if there is a viable argument to have your case dismissed before a court date.
A “motion to suppress” can save you from a DUI, and an attorney can explain how to proceed with this course of action.
A Pretrial Diversion Program
You may enter a pretrial diversion program to treat an addiction to alcohol or drugs in very specific cases. While California has a pretrial diversion program for many misdemeanors, generally, DUI charges do not qualify for entry.
However, you may qualify for a military diversion program under California Penal Code 1001.80.
The court will dismiss your DUI criminal charge if you complete the program. Also, completing the program ensures you will not have a conviction on your criminal record.
You may only enter the program for a first-time misdemeanor offense, and you must suffer from one or more of these conditions:
- Mental health disorders
- Traumatic brain injury (TBI)
- Post-traumatic stress disorder (PTSD)
- Addiction or substance abuse
- Military-related sexual trauma
A lawyer can provide more information about the legal process for entering a military diversion program after a DUI arrest.
Establishing Lack of Reasonable Cause
A lawyer may push the court to dismiss DUI charges if they can prove that law enforcement stopped you without probable cause. It’s essential that you seek legal counsel immediately after an arrest to see if this option would work in your situation.
Your attorney can explain probable cause in a California DUI case and how it could impact your defense. Any of these options may get your changes dropped before court in California.
Do You Have Other Options to Resolve DUI Charges?
Your lawyer may pursue other options to resolve a DUI accusation. For example, some cases are resolved through a plea agreement.
Plea bargaining occurs between a defendant and a prosecutor in a DUI case. A defendant can request to have their charges reduced or dropped. In return, the defendant can accept full or partial responsibility for their criminal charges.
It can be challenging for a defendant to negotiate a Los Angeles DUI plea bargain on their own. By hiring an attorney, you get expert help with negotiations. Your attorney can negotiate for you and boost this individual’s chances of getting their criminal charges dropped immediately.
Should You Hire a DUI Attorney in California?
Hiring a Los Angeles DUI attorney is beneficial for several reasons. Your lawyer can:
Help With All Aspects of Your Charges
DUI cases can be complicated, and defendants may struggle to contest criminal charges on their own. A Los Angeles DUI lawyer can help you navigate the legal system.
Your attorney can provide recommendations to ensure you can present a wide range of evidence to dispute criminal charges.
Responds to Legal Concerns and Questions
It is common for the defendant in a Los Angeles DUI case to feel stressed or anxious. A Los Angeles DUI attorney can alleviate your worries. Your lawyer is available to respond to their client’s legal concerns and questions for the duration of the litigation.
Hiring a DUI lawyer in Los Angeles can make a big difference. The lawyer will do their part to help with building a solid defense. If the attorney and defendant must appear in court, the lawyer will help the client plan accordingly.
A Lawyer Can Support You if Your DUI Charges Go to Court
Sometimes, lawyers cannot get DUI charges dismissed or reduced to a lesser charge. In this situation, you can rely on your lawyer to stand up for you and represent you throughout the court process, including with all pre-trial motions. A lawyer can help with your:
- DMV hearing
- Arraignment hearing
- Bail hearing (when applicable)
An attorney can identify the legal defenses that work best for your formal charges. Examples of potential defenses include the following:
- Rising BAC defense
- Driving after driving defense
- Mouth alcohol defense
An attorney can help you handle false allegations and even push back against the results of a chemical blood alcohol content (BAC) test that shows you were over the legal limit at the time of your arrest. You can face misdemeanor or felony charges head-on with professional help.
Learn How to Get Charges Dropped Before Court in California
A lawyer can explain how to get your charges dropped before court in California. Typically, attorneys can get the court to dismiss charges if they show that the prosecution lacks sufficient evidence or if they can prove that the police performed a traffic stop without reasonable cause.
Your lawyer may also help you avoid a conviction through entry into a military diversion program. You can rely on your attorney to help with a plea bargain or defense if necessary. Call or complete our online contact form to learn more about all your available options.
