When you get charged for drunk driving or drugged driving, a lot of things get running in your head. You will be wondering if you will go to jail. You will start thinking about getting help from a lawyer. And perhaps, you might also start asking yourself – Is there a chance that they drop OWI charges against me?
It Rarely Happens – Though It Can Happen
Indeed, it is quite difficult to get prosecutors to drop the case. It rarely happens. Instead, the prosecutor might suggest an agreement in which you plead guilty to an offense of lesser magnitude, like impaired driving. Most OWI cases are resolved through this process. But this plea deal could only be achieved with the presence of some facts that could weaken the prosecutor’s case.
But then again, an OWI charge can be dropped. If you know your rights and know where you stand, and if you could somehow prove the case against you is weak, then it could be a possibility. For example, if you can prove that the OWI charge is just a mistake because of some mishap, like equipment malfunction, you can pursue the evidence of the case with your lawyer.
But I Was Intoxicated, Now What?
In case you were indeed intoxicated, you have to find other ways to have the charge dismissed. There are instances when an OWI charge might still be questionable even though you were drunk. Consider the following bases:
- In case the arresting offer does not have a valid legal reason to stop your car and perform tests on you including a preliminary breath test. If the officer did not have a lawful justification for pulling you over, or if you suspect that there has been some form of discrimination against you.
- In case your rights have been infringed. The arresting officer should read your rights, conduct a breathalyzer, and follow standard rules when taking you into custody. You should also be allowed the opportunity to call a lawyer. If your lawyer can show any deviations from the standard procedure, it could be enough ground to dismiss the charges against you.
- In case of unlawful arrest. The officer can only arrest you if you have duly confirmed that you’re operating while intoxicated. Your appearance and behavior during the course should warrant this assumption.
- If the police conducted an improper search. Evidence such as drugs or alcohol could not be accepted in court if obtained through a search without proper authority.
- If the police conducted improper BAC testing. A blood alcohol content (BAC) testing device is used to measure alcohol content in your system. However, there were many cases when this instrument was faulty. Thus, the result is not always accurate. In other cases, urine or blood sample collection did not follow the proper procedure.
- If your blood test result is not evidence of intoxication. If your blood test indicates the presence of a drug, it does not necessarily denote that you were under the influence. For example, marijuana metabolites called THC could still be present in your system for several weeks after taking it.
Other Possible Options if Dropping the OWI Case is Implausible
In some situations, especially if the objective of getting the OWI charges dropped is very slim, an alternative resolution could be beneficial. Taking into consideration the facts and circumstances concerning your case, the following could be a more plausible outcome:
- Plea bargain – In first offense cases, this alternative resolution is commonly agreed upon. What your lawyer can do for this motion is to leverage the facts that are favorable to your side so that the prosecutor will agree to charge you with a lesser offense.
- Alternatives to jail – instead of jail time, you could negotiate a less severe sentence. For example, you could ask to render community service, probation, or deferred sentencing.
- Sobriety court – instead of a punishment, you could undergo a drug treatment program. It’s best for some alcohol offenders because it provides a long term benefit of solving substance abuse problems.
Call a Michigan Attorney Immediately
The sooner you get legal counsel, the better chance you get at defending your case. Although it is not easy to get the OWI charges dropped, we could still avoid it staining your background record.
We at The Clark Law Office can help you in case you get charged of OWI. Give our Lansing criminal defense attorneys a call today. We’ll immediately take a look at your situation and determine the best course of action for your case.