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How to Get DUI Charges Reduced or Dismissed in North Carolina | Garrett, Walker, Aycoth & Olson

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How Can I Get My DUI Charges Reduced or Dismissed in North Carolina?

Facing a DUI (Driving Under the Influence) charge in North Carolina can be a daunting experience. However, there are ways to potentially get your DUI charges reduced or dismissed. At Garrett, Walker, Aycoth & Olson, Attorneys at Law, our lawyers write the book on DUI charges, are focused on DUI defense and are dedicated to helping you navigate the legal system to achieve the best possible outcome for your case.

Understanding DUI Charges in North Carolina

In North Carolina, DUI, legally referred to as Driving While Impaired (DWI), is a serious offense. A conviction can lead to severe penalties, including fines, jail time, license suspension, and increased insurance rates. However, there are several strategies that a skilled DUI attorney can use to challenge the charges against you.

Possible Defenses to a DUI Charge

  1. Illegal Traffic Stop: One of the most effective ways to challenge a DUI charge is by arguing that the traffic stop was illegal. Law enforcement must have a valid reason, such as a traffic violation or suspicious driving behavior, to pull you over. If the stop was unlawful, any evidence gathered during the stop may be inadmissible in court.
  2. Field Sobriety Test Errors: Field sobriety tests are often used to determine impairment, but they are not always accurate. Factors such as poor lighting, uneven surfaces, medical conditions, or the officer’s improper administration of the test can lead to unreliable results.
  3. Breathalyzer Inaccuracies: Breathalyzer devices must be properly calibrated and maintained to produce accurate results. Additionally, the test must be administered correctly by a trained officer. If there are issues with the device or its administration, the results may be challenged.
  4. Blood Test Issues: Blood tests are considered more accurate than breath tests, but they are still subject to errors. Issues such as improper storage, contamination, or mishandling of the blood sample can lead to inaccurate results.
  5. Lack of Probable Cause: The arresting officer must have probable cause to believe you were driving under the influence. If there is insufficient evidence to support probable cause, the charges may be dismissed.
  6. Violation of Miranda Rights: If the arresting officer failed to read your Miranda rights upon arrest, any statements you made may be inadmissible in court.

Negotiating Reduced Charges

Even if the evidence against you is strong, an experienced DUI attorney may be able to negotiate with the prosecution to reduce the charges in very limited circumstances. This could involve pleading to a lesser offense, such as reckless driving, which carries less severe penalties than a DUI conviction.

Pre-Trial Diversion Programs

In some extremely rare cases, first-time DUI offenders may be eligible for a pre-trial diversion program if their BAC was well below a .08. Completing such a program, which often includes alcohol education and community service, can result in the charges being dismissed upon successful completion.

The Importance of Legal Representation

Navigating the legal system and fighting DUI charges requires the expertise of a knowledgeable attorney. At Garrett, Walker, Aycoth & Olson, Attorneys at Law, our experienced DUI attorneys will thoroughly investigate your case, identify weaknesses in the prosecution’s evidence, and develop a strong defense strategy tailored to your specific circumstances.

Contact Us Today

If you or a loved one is facing DUI charges in North Carolina, don’t hesitate to contact Garrett, Walker, Aycoth & Olson, Attorneys at Law. Our dedicated team is here to provide you with the legal representation you need to protect your rights and achieve the best possible outcome. Contact us today for a free consultation and let us help you navigate the complexities of DUI defense.