If you’ve been arrested for driving under the influence (DUI) in Georgia, you might be scared about the potential consequences you’re facing but also considering simply pleading guilty to get this ordeal over with. However, one of the most important reasons why you should not quickly enter a guilty plea is that you may be able to secure a reduction or outright dismissal of your charges.

An experienced criminal defense attorney from Crawford and Boyle, LLC can evaluate your situation and explain the legal options available to you. Contact us today for a free and confidential consultation.

What Is the Difference Between a Reduced and Dismissed Charge?

Reduced and dismissed charges are both more favorable outcomes than a conviction for DUI. However, they are very different, as are the potential consequences.

A dismissal means that the government has dropped the charges in your case. No conviction of any kind will go on your record. You may also be able to have all criminal records related to the arrest and case sealed so that they are hidden from public view and in background checks.

A reduced charge means that you are still pleading guilty to an offense, but it might be a lesser offense, such as reckless driving. While this is better than a DUI conviction, it still carries potential consequences, such as the loss of driving privileges, a formal criminal record, the requirement to pay fines, and the possibility of being placed on probation.

The option or options that are available will depend on the specific circumstances of your case. An experienced criminal defense attorney from Crawford and Boyle, LLC, can evaluate your situation and explain which option is available for you.

Why Would a DUI Charge Be Dismissed?

A dismissal is the preferred pathway when it is an option since you avoid the potential consequences that follow a conviction. However, most DUI cases end in a conviction, whether after a trial or through a plea agreement. Dismissals are rare, but they may occur due to the following:

Lack of Reasonable Suspicion for the Initial Traffic Stop

A law enforcement officer cannot conduct a traffic stop for no reason. Police must have reasonable suspicion before they have the legal right to pull you over. This means that the police officer has specific facts and not just a hunch to raise their suspicion that you are committing a traffic violation or crime.

If the stop is challenged and your lawyer proves that it was indeed illegal, all evidence collected after the case – such as results from field sobriety tests, statements, breath tests, and the arrest – could be suppressed, leaving the prosecutor without sufficient evidence to convict you.

Lack of Probable Cause for the DUI Arrest

Even if a police officer observed you swerving, driving with a broken light, or committing another traffic violation, that information alone is unlikely to be sufficient to support the higher requirement of probable cause to justify an arrest.

Probable cause in this context means that the police officer has sufficient evidence to reasonably believe that you were driving under the influence of alcohol or a controlled substance. This evidence is evaluated in the totality and may include:

  • Slurred speech the officer observed when conducting the traffic stop and requesting information
  • Detecting the smell of alcohol
  • The failure of failed field sobriety tests
  • The police officer’s observations
  • Actions or interactions recorded on the police officer’s patrol vehicle or bodycams

If a judge concludes that the officer lacked probable cause to make the arrest, the arrest can be invalidated, and the evidence gathered after it can be excluded, justifying a full dismissal of the DUI case against you.

Field Sobriety Test Administration Errors

Law enforcement officers can request that you perform field sobriety tests to detect impairment. However, you have the right to refuse them.

If you took these tests and the officer concluded that you failed them, your criminal defense lawyer might challenge these results. The law enforcement officer could have failed to follow the instructions provided by the National Highway Traffic Safety Administration (NHTSA), which could make the test results unreliable.

The test results could also be unreliable due to factors such as:

  • Uneven pavement
  • Poor weather
  • Your shoes
  • Lack of familiarity with the English language
  • Age or hearing impairment

These factors can cause false negative test results, meaning that drivers can fail these tests even if they are completely sober. If there is little other evidence to support the arrest, the evidence could be excluded.

Other Procedural Violations

Traffic stops are heavily regulated by federal and state laws, as well as local police procedures. Law enforcement officers must follow all relevant rules when conducting them. Violations such as failing to read the implied consent notice, failing to give proper Miranda warnings, or mishandling blood or breath tests could result in the relevant evidence being suppressed and the charges being dismissed.

Faulty Breathalyzer Results

After you have been arrested, police may administer a breath test. However, if this test is not given correctly or the testing machine was not properly maintained or calibrated, the test results could be unreliable. Georgia courts could exclude breath tests when police departments do not properly preserve maintenance records or when operators commit errors, rendering the results unreliable. Additionally, some medical conditions like GERD can also make test results inaccurate.

When test results are unreliable, the court can suppress them, which may leave little evidence to justify the criminal charge against you.

Faulty or Unreliable Blood Tests

Even minor errors can render blood tests unreliable, such as errors related to the collection, storage, labeling, or testing of blood. If the strict procedures regarding these tasks are not properly followed, the blood may be contaminated or confused with another sample. When blood samples cannot be relied on, they can be suppressed.

Medical Conditions

Various medical conditions and health issues can render test results unreliable or open to interpretation. This is usually because symptoms can present as signs such as slurred speech, nausea, confusion, trouble with balance, and difficulty walking, which are also signs that police officers look for to detect impairment.

Various medical issues can affect performance on field sobriety tests or affect breath or blood tests, such as:

  • Neurological disorders
  • Diabetes
  • Acid reflux
  • Physical disabilities that affect mobility
  • Injuries
  • Obesity
  • Learning disabilities
  • Fatigue
  • Anxiety
  • Dehydration

When you have medical records that predate the DUI arrest, this information could become compelling evidence that gives an alternative explanation to your symptoms or behaviors and could support the exclusion of evidence in your DUI case.

Factors That Can Support a Dismissal

Criminal charges can be dismissed by the judge, typically because a criminal defense lawyer has filed a legal motion, such as a motion to suppress evidence, and the judge has a hearing on the matter. They can also be dismissed by the prosecutor who initially brought the charges. Various factors can weigh in favor of a case dismissal, such as:

  • Low blood alcohol content (BAC) level: The blood or breath test may show a blood alcohol concentration just beyond the legal limit, which can make small factors more important.
  • Weak evidence: The evidence does not meet the burden of proof beyond a reasonable doubt.
  • Possible procedural errors: If law enforcement actions are in question, this could support the legal motion.
  • No aggravating circumstances: No accident or injuries were involved, a high BAC was not in question, and no minors were in the vehicle.
  • A clean criminal record: You do not have a prior DUI conviction on your record.

Having quality legal representation can also weigh in your favor, as the prosecutor knows that any irregularities in the stop or arrest could provide legal grounds to challenge them.

Reducing a DUI Charge

If an outright dismissal isn’t possible – either because your lawyer’s motions were not granted or legal grounds did not exist to support a dismissal – your DUI lawyer may next try to get your charges reduced. A reduction of your charges is possible when your lawyer is able to negotiate a favorable plea deal with the prosecutor. You plead guilty to a lesser offense.

One example of a reduced charge is changing a DUI charge to a reckless driving charge. The prosecutor would have to agree to amend the charge as reckless driving is not a lesser-included offense of DUI.

This is still a favorable result because the penalties are not as severe for reckless driving as they are for DUI. A reckless driving conviction also does not carry the same social stigma as a DUI conviction. Additionally, a DUI conviction cannot be expunged or restricted, so it stays on your permanent criminal record.

Benefits of Reducing DUI Charges to Reckless Driving Charges

For reference, taking a plea deal for reckless driving offers the following benefits:

  • Misdemeanor conviction only: Reckless driving is a misdemeanor, while DUI can be a felony for repeat offenses or those involving aggravating circumstances.
  • No DUI record: A reckless driving conviction will not appear as a DUI conviction. Any DUI-related charges can be modified so that the defendant is only convicted of reckless driving. If there is a subsequent offense, the reckless driving conviction does not count toward the ten-year lookback for DUI.
  • No mandatory loss of the driver’s license: With DUI convictions, the defendant often loses their license for up to one year for a first offense or longer for subsequent offenses. There is no mandatory loss of driving privileges with a reckless driving conviction.  
  • Fewer points on the driver’s license: A DUI results in six points, while a reckless driving conviction results in four. This means that you may be able to retain your license with a reckless driving charge more easily than with a DUI since you won’t have as many points. While car insurance rates may still go up, they probably won’t go up as much as they would for a DUI conviction.

While these benefits are important, it’s crucial to understand that a guilty plea for reckless driving does still carry consequences, such as the possibility of being incarcerated for up to twelve months and a fine of up to $1,000, under the Code of Georgia § 40-6-390, which is also the potential maximum penalty for a first-time offender for a DUI conviction. You can also be placed on probation, and if you violate any of the terms, you could face other consequences, including jail time. Consider the pros and cons carefully before accepting a plea agreement.

Factors That Can Support a Reduction

Some of the factors that prosecutors might consider when offering a plea agreement may include the following:

  • The charge is a first offense.
  • No wreck was involved in the incident.
  • No injuries occurred.
  • No minor children in the car at the time of the arrest.
  • The BAC level is close to the limit.
  • The prosecutor has a heavy caseload.
  • The prosecutor does not want to waste the government’s money in trying the case.
  • The prosecutor believes they have a chance at losing if the case is brought to trial.

Contact an Experienced DUI Lawyer for Help

At Crawford and Boyle, LLC, we understand how much is at stake when you are charged with a DUI. In our hands, you may be able to avoid the harshest consequences of a DUI conviction through a dismissal, reduction of charges, or acquittal. We prepare our cases for battle from day one, so we are familiar with all of the specifics and nuances.

We bring to light procedural errors, challenge weak evidence, file motions to suppress evidence, and create a customized defense strategy for our clients. We also offer free consultations, so you can learn more about how we can help when you contact us today.