That’s a loaded question on what their interpretation of the word “dropped” is. Here’s how our law firm approaches the issue.
In one sense, having a DUI case dropped means an outright dismissal. That’s not impossible. It happens just about every day across the State of Washington, but only in a small minority of cases. Getting a case dropped is a difficult legal endeavor. That usually involves motions to suppress evidence illegally seized and to quash the defendant’s arrest. Those motions are almost always heard long before the trial date for a case. They’re usually brought on Fourth Amendment illegal search and seizure grounds pursuant to what’s known as the exclusionary rule. Unless there is blatant police misconduct, expect the prosecution to resist the motions. If one or both of the motions are successful, the evidence that is suppressed will be excluded at the time of trial of a case. Since the prosecution can’t use that evidence against you, that will usually result in the prosecution dismissing a DUI or DUID case.Plea Agreements
At least 90 percent of all DUI cases in the State of Washington don’t get to the trial stage. They’re plea bargained. That’s another way of getting a DUI charge dropped, but there is going to be some pain involved. As we all know, getting behind the wheel of a car when you have blood alcohol concentration of 0.08 or more can land you in jail. Here’s an example of how a plea bargain works. During dinner at a restaurant you consume one martini before dinner, one during dinner, and another one after dinner. As soon as you finish that last drink, you pay the bill and leave. On your way home, you’re stopped by police for rolling through a stop sign. There are indications that you had recently consumed an alcoholic beverage, and the police officer who stopped you asks you to perform certain field sobriety tests. You agree to perform them, and your performance is questionable. That’s when you’re handcuffed and taken to the police station for breath testing. Your blood alcohol content comes back at 0.10, and you’re given a pile of paperwork along with a DUI citation
The Art of the Deal
Given the facts of the case, it’s likely that you’re going to be found guilty at trial. A DUI conviction could stay with you for the rest of your life, but your attorney might be able to strike a deal. In return for a dismissal of the DUI charge, you could plead guilty to reckless driving. That’s the other way that a DUI can be dropped. You’ll need to pay some fines and possibly go to remedial alcohol classes, but that dreaded DUI won’t be on your record. That’s what we call a “wet reckless.”
When you retain us to represent you, we’re going to examine all of the evidence closely. That includes the reason why you were stopped, your performance on any field sobriety tests, the procedures involved in breath or blood testing, any dash cam or body cam footage and all police reports. Our objective is to have your DUI or DUID case dismissed as early and effectively as possible.
