Can I Get My DUI Charges Dismissed?

dui law book with gavel

If you were arrested for a DUI in Tennessee, it is important that you understand your various legal rights and options. Continue reading and consult with a Memphis DUI defense lawyer to learn whether or not your charges can be dismissed.

Can I Get My DUI Charges Dismissed in TN?

Yes, it is possible for you to get your DUI charges dismissed in Tennessee. To get your case thrown out and walk away with no consequences the prosecution could drop the charges or the judge could dismiss the case.

This would generally be done if there was a significant lack of evidence, evidence was collected through an illegal search and seizure, the traffic stop was unlawful, there was no probable cause for the arrest, the arresting officer was not certified to administer the breathalyzer, or the field sobriety tests were conducted improperly. If there is not sufficient evidence or evidence is suppressed due to the way it was obtained, the case could be dismissed. The same could happen if proper procedures were not followed during the arrest or pretrial phase.

Can My DUI Charges Be Reduced?

If you cannot get your charges dismissed then a reduction is your next best option. When you hear people say that their charges were reduced it means that the prosecution originally charged them with one crime but they changed it to a less serious offense, generally with less significant consequences.

You may be able to have your charges reduced if you can secure a plea agreement with the prosecution. A plea agreement, or plea bargain, is a deal you and your legal team make with the prosecution that you will plead guilty to the charges in exchange for a lesser offense and penalties. Plea bargains are generally offered to first-time offenders and those whose offenses did not cause damage or injury to anyone else. If your offense is considered minor you could negotiate a plea deal.

What Offense Can My DUI Be Reduced To?

In Tennessee, your DUI charge could be reduced to a reckless driving charge, also referred to as a wet reckless. Reckless driving is a Class B misdemeanor and involves an individual operating a motor vehicle with willful or wanton disregard for the safety of people or property. A wet reckless is the same offense with the acknowledgment that alcohol was involved.

The penalties associated with this reduced charge include $500 in fines, up to 6 months in jail, mandatory DUI courses, and a term of unsupervised probation. These consequences, while still severe, are better than the repercussions of a DUI conviction which generally carries $1,500 in fines, up to 12 months in jail, a one-year license suspension, mandatory DUI courses, mandatory use of an ignition interlock device, and victim restitution.

While a reduced charge will not absolve you of all responsibility for a DUI, it will significantly benefit your future and everyday life. Contact an experienced attorney at Ballin, Ballin & Fishman, PC to learn more about your legal rights and options.