How A San Jose DUI Lawyer Can Get Your Charges Dropped

Typically, getting your driving under the influence (DUI) charges dropped can be something you want to do after the arrest. In many states, DUI can be considered a serious criminal offense. When you’re convicted of this offense in San Jose or wherever you may be located, you may have to deal with several legal consequences. These can include expensive fines and penalties, suspension or revocation of driver’s license, criminal record, jail time, loss of job, and many more. 

That’s why if you don’t want to experience these consequences, you need to know what to do after DUI, especially when it comes to fighting the charges filed by the prosecution. However, unless you’re a legal expert, you need the services of a San Jose lawyer to help you handle the case. 

Keep reading this article to learn how a San Jose lawyer can get your charges dropped from the get-go. 

They Can Refute The Prosecution’s Case With Possible Defenses 

One of the effective ways a San Jose DUI lawyer can get your charge dropped is to refute the prosecution’s case with potential defenses. This happens when your legal representative has found some major flaws that can force the opposing party to drop the charges against you and avoid the complications associated with a criminal trial. Depending on the personal circumstances of your case, an experienced lawyer can raise the following defenses: 

• Failure to recite the Miranda rights: When you’re arrested and charged with DUI, the police officer should state your Miranda rights. These are legal rights afforded to an arrested person to remain silent and employ the services of a competent and independent counsel. Thus, if the police officer failed to state these rights during the arrest, your lawyer can raise it as a defense to get your case dropped. That’s because any statements you give in violation of these rights may be inadmissible as evidence in court.
• Lack of probable cause for the stop: Typically, before a police officer can ask you to stop your vehicle, they should have the probable cause to do so. This means they should have the probable cause to believe you’re doing something dangerous on the road. For example, if they notice you’re swerving between lanes while you’re behind the wheel, there’s probable cause to ask you to pull over. Otherwise, a DUI lawyer will review all the reports and ensure your case is dropped due to lack of probable cause for the stop.
• Inaccurate chemical test and field sobriety results: Another way a San Jose lawyer can get your charges dropped is to challenge the results of the chemical and field sobriety tests. The chemical test is the one used to measure the blood alcohol content inside your body. To challenge such test, the lawyer can argue that the results are inaccurate due to improper calibration of the breathalyzer device. They may also use as grounds the lack of training on the part of the administrator and contamination of the blood sample.

On the other hand, when it comes to the sobriety tests, the lawyer can refute it by showing evidence that the test was given in poorly lit conditions. They can also argue that the driver was using improper shoes or the officer failed to explain the instructions.

• Entrapment: Although entrapment is something that doesn’t happen normally in DUI cases, it can still be a ground for getting your charges dropped. For example, the lawyer can demonstrate that your arrest was due to an entrapment operation, wherein you’re forced to do an illegal act by a police officer and you get arrested for it.

A common example is when you’re sleeping in your vehicle because you’re drunk and an officer forces you to drive it to vacate the space then right away arrest you for a DUI offense. When this happens, a lawyer can raise entrapment as a defense to get your case dropped. 

They Can Convince The Prosecution Of Your Willingness To Cooperate

Typically, there’s also a high chance your DUI charges will be dropped when a lawyer shows your willingness to cooperate with the authorities to help in some other ways. When the prosecutor sees you’re willing to work with them, they can be convinced to enter a deal or just drop the case altogether for the benefit of everyone. In such a case, the lawyer is able to get you out of legal trouble. 

The Bottom Line

You don’t have to waste a considerable amount of money on hefty fines or jeopardize your future because of your DUI charges. By keeping in mind the information mentioned above, you can become confident that hiring a DUI lawyer in San Jose or wherever you may be can help you drop the charges against you. With the help of a legal professional, you have a higher chance of getting your normal life back after being arrested for a DUI offense.