Can You Get a DWI Charge Dropped?

 Posted on February 16, 2024 in Criminal defense lawyer

A DWI (driving while intoxicated) charge can have severe consequences that impact your freedom, finances, and future. While a DWI charge should always be taken very seriously, in some cases, it is possible to get them dropped. An Illinois criminal defense lawyer can help you explore if a dismissal is likely in your specific situation.

The Stop Itself Was Not Lawful

The very first thing a DWI defense attorney will look at is the legality of the initial traffic stop. Police must have proper reasonable suspicion that a traffic violation or crime has occurred in order to pull you over.

If the traffic stop is found to violate your Constitutional rights or lack enough evidence to justify reasonable suspicion, any resulting DWI charges could be dismissed by filing a motion to suppress evidence with the court. An attorney can review dashcam footage, statements, and other records to assess if there are reasonable grounds to challenge the validity of the stop.

Issues With Field Sobriety or Breath Testing Procedures

Even slight deviations from protocol during field sobriety tests or breathalyzer testing can sometimes lead to test results being ruled inadmissible as evidence.

Suppose the officer makes a mistake demonstrating the field tests, fails to calibrate the breath tester machine properly, or does not adhere to necessary observation period procedures. In that case, an attorney may be able to argue for suppression of the test results successfully. Without those chemical test results, the prosecution's case is often weakened considerably.

Miranda Rights Were Not Read Properly

Any admissions or statements you made after being arrested but before having your Miranda rights properly read to you might be excluded from a case. If those statements form a critical portion of evidence against you, the prosecution could reduce or even drop DWI charges entirely if they feel they no longer have a strong enough case.

Insufficient Evidence Overall

For a guilty verdict, every element of an Illinois DWI charge must be proven beyond reasonable doubt. There may be issues establishing you were impaired or driving the vehicle. Witness testimony proving erratic driving or intoxication at the time of driving may be inconsistent or unreliable when thoroughly questioned.

If the overall body of supporting evidence has significant gaps or doubt, an attorney can file for dismissal, citing the prosecution's inability to prove guilt for each component of the crime charged adequately.

Is Dismissal Likely in Your Situation?

While defenses exist that give grounds for potential dismissal of charges, the reality is prosecutors rarely drop DWI cases without at least strong consideration. These offenses' serious public safety nature means most attorneys pursue plea bargains to lesser offenses when possible instead.

Contact a Northbrook, IL Criminal Defense Lawyer

While there is no guarantee to get your DWI charge dismissed, it may be worthwhile to find out. Working with a Skokie, IL criminal defense attorney can help you along the way. Call The Law Offices of Matthew R. Gebhardt, P.C. at 847-239-4703 for a free consultation.