Can I Get My DWI Charges Thrown Out?

A DWI conviction can have serious, lifelong consequences.

It’s more than just insurance points or a license suspension from the DMV. Community service, court expenses, penalties, the possibility of probation, and alcohol treatment are all part of a conviction. DWI accusations also have a social stigma attached to them.

Nobody expects to get arrested for drunk driving, and if you do, it’s reasonable to wonder, “Can I have my DUI charges dropped?”

The answer is contingent on a couple factors: Reasonable Suspicion, Probable Cause, and the Fourth Amendment.

Reasonable Suspicion

In general, police officers must be “reasonably suspicious” that a suspect has committed a crime. It’s not just a hunch or an unspecified belief. Suspicion of criminal action is based on real, objective data when it comes to DWI allegations.

If the police officer fails to provide sufficient evidence to establish Reasonable Suspicion in the eyes of the judge, the stop of your car will be declared illegal or incorrect.

Probable Cause

Evidence of driving while intoxicated may be suppressed if the charging officer lacked Probable Cause, and your DWI may be dropped without this evidence of impairment.

Reviewing the grounds for arrest should be done with careful consideration.

The Fourth Amendment

The Fourth Amendment of the United States Constitution protects citizens from government searches and seizures. Yet, the Fourth Amendment does not protect citizens from all searches or seizures; it protects citizens from those searches that are ruled unreasonable by the law.

The balance of two key interests determines whether a particular search is considered reasonable in the eyes of the law. On one hand is protecting a person’s Fourth Amendment rights, and on the other is protecting public safety which is a legitimate concern when a DWI is involved.

Preparing to Meet with a Lawyer

Your attorney is likely to ask the following questions when deciding to take your case:

 

  • Did you agree to the breathalyzer?
  • How many readings did the breathalyzer have?
  • Was your reading above the legal limit?
  • Did you refuse a breathalyzer?
  • Were you marked as Willful Refusal?
  • Did you provide a blood sample?
  • Has your blood sample been tested?
  • Have your results been provided?
  • Was the blood test reading above the legal limit?
  • Do you have a CDL license and drive a truck as your job?

Your consultation with an attorney will better help you answer the question of whether or not your DWI charges will be thrown out.

Please call us toll free at 866-214-7036 or fill out the contact form on our website. Serving Brunswick, GA and Glynn, Camden, Brantley, Wayne, Ware and McIntosh Counties.