How to Get a DUI Charge Reduced or Dismissed in California
As a criminal defense attorney in San Diego, I’ve defended countless individuals facing DUI charges. If you’ve been arrested for driving under the influence in California, you might feel overwhelmed, but don’t lose hope. DUI charges can often be reduced or even dismissed with the right legal strategy. Let’s explore the most effective ways to fight these charges and protect your future.
Driving under the influence (DUI) is a serious offense in California. The state enforces strict penalties for those convicted, including fines, license suspension, mandatory DUI programs, and even jail time. However, every case is unique, and there are many ways to challenge the evidence against you.
One of the first things I evaluate in a DUI case is whether the initial traffic stop was legal. Law enforcement must have probable cause to pull you over. If I can prove that the officer did not have a valid reason to stop you, any evidence obtained during the stop—including breathalyzer results—can be thrown out, which can lead to the case being dismissed.
Breathalyzer and blood tests are not always reliable. Factors such as improper calibration, contamination, and even certain medical conditions can affect blood alcohol concentration (BAC) readings. I have successfully challenged these results in court, leading to reduced or dismissed charges for my clients.
Field sobriety tests (FSTs) are highly subjective. Poor lighting, uneven pavement, medical conditions, or even nervousness can cause someone to fail these tests. I scrutinize how these tests were administered and whether external factors could have led to inaccurate results.
Were you properly advised of your rights? If law enforcement failed to read you your Miranda rights or conducted an unlawful search, we can argue that your rights were violated. This could lead to key evidence being suppressed and your charges being dropped.
Even if dismissal is not possible, there are ways to reduce your DUI charge to something less severe. Here are some common ways I negotiate reduced penalties for my clients:
A “wet reckless” charge is a lesser offense that carries fewer penalties than a standard DUI. It does not require a mandatory license suspension and comes with lower fines and shorter DUI programs. I often negotiate plea deals that result in this charge instead of a full DUI conviction.
A dry reckless charge is even better than a wet reckless because it does not involve alcohol-related penalties. It carries fewer consequences and does not count as a prior DUI offense if you are charged again in the future.
In some cases, I have successfully argued for a reduction to an “exhibition of speed” charge. This is a traffic violation rather than a DUI and results in significantly fewer consequences for my clients.
While rare, some DUI cases can be reduced to simple traffic infractions if the prosecution’s case is weak. This means no criminal record, no DUI programs, and no risk of jail time.
If you’ve been arrested for DUI in San Diego, here’s what you should do next:
Time is critical. The sooner you have an experienced attorney on your side, the better your chances of getting the charges reduced or dismissed.
You only have 10 days to request a DMV hearing to challenge your license suspension. I handle these hearings for my clients and fight to keep their driving privileges intact.
If you have receipts, witness statements, or any other evidence that supports your case, provide them to your attorney as soon as possible.
Do not talk about your case with anyone except your attorney. Anything you say to the police or on social media can be used against you.
I’ve built my reputation as San Diego’s leading criminal defense attorney by aggressively defending my clients against DUI charges. With over a decade of experience and a track record of winning high-profile cases, I know how to challenge DUI charges and protect your rights.
If you or a loved one has been charged with a DUI, don’t wait. The prosecution is already building its case against you. I am here to fight for you and explore every possible defense strategy to get your charges reduced or dismissed.
Call my office today for a free consultation.
We provide 24-hour assistance:
📞 (619) 398-2500 or contact us online.
