The penalties for drinking and driving are steep.If this is your first offense, you want to fight the charges in order to get them dismissed.The serious threat to public safety posed by drunk driving makes prosecutors hesitant to drop the charges.If you want to get the charges dropped, you should hire an attorney.
Step 1: There is a search for a criminal defense attorney.
Even though you may be eligible to have a public defender appointed, hiring a private attorney might be better for you.If you don't want your friends or family to know about your arrest, you may want to ask them for recommendations.The website of your state or local bar association is a good place to start.A free attorney-referral program will give you a list of area attorneys tailored to your answers to a few questions.You might already know a few of the names of attorneys who handle drunk driving cases.The best attorney for you won't have a great ad.
Step 2: A list of possibilities.
You should be able to find at least four or five attorneys that handle the cases.To narrow your list, take an in-depth look at each one's background and experience.If you want to evaluate the attorneys on your list, you should read their websites.Someone who is familiar with the judges and prosecutors is what you want.You are looking for an attorney who has practiced in your area for a long time.You can find information about the types of cases an attorney takes by looking at their website.Look for a lot of experience with drunk driving cases.Search for reviews from past clients to check an attorney's reputation.You can find them on general review sites or on social media.
Step 3: Schedule some initial consultations.
It's a good idea to interview at least two or three attorneys so you can find the best one for your case.This shouldn't cost you anything but time, since most criminal-defense attorneys offer a free initial consultation.You should be able to schedule a consultation within a week.If an attorney doesn't have time to meet with you in the next week, they probably are too busy to give your case the attention it deserves.If the attorney has an information form for you to fill out, complete and return it as soon as possible.The attorney can tailor the initial consultation to your needs if they have more information about you and your case.
Step 4: Ask the attorney a lot of questions.
You can't always count on an attorney to cover everything you need to know during a free consultation.Before your first consultation, make a list of questions to ask.What is important to you in your attorney-client relationship will dictate the types of questions you ask.If you were to hire someone to work for you in any other capacity, think about the things that would be important to you.Similar questions would be asked here.If you were to hire a plumbing company, you would want to know whether the person would do all the work herself or have an inexperienced person do most of it.Similarly, if you're hiring an attorney, you may want to ask them how much of the work will be done by the paralegal or new attorney who just graduated from law school.
Step 5: You should compare the attorneys you are interviewing.
Take some time to evaluate and compare the attorneys after you've done your initial consultations.You can identify the one most qualified to represent you.If money is tight, fees are important.Don't choose an attorney just because they charge the lowest fee.It's possible that that person isn't your best choice.If you can't afford their fees, most attorneys are willing to negotiate.Some people are willing to create a payment plan or lower the total cost.Don't ignore your gut feeling when choosing an attorney.Even if they're less experienced than others you've interviewed, they may be your best choice if you find one who's passionate, interested in your case, and inspiring.
Step 6: A written retainer agreement should be signed by you.
Let the attorney you want to hire know when you made your decision.He or she will usually meet with you again to get you to sign a contract.Don't allow the attorney to start working on your case until you have a written contract with them.The agreement should be explained to you by the attorney.If there's anything you don't understand, ask a question.There may be a part of the agreement that you don't agree with.Say something about it.You have to bring the issue up yourself if attorneys are willing to negotiate.You might say, "This agreement says I'm paying you by the hour, but you told me during the initial consultation that you would take my case for an $800 flat fee."I planned my budget on that flat fee.
Step 7: Evaluate the evidence against you.
The type of evidence the prosecution has against you will affect your argument for dropping the charges.You may have a stronger case if the charges are based on field sobriety tests.The prosecuting attorney needs to give your attorney all the evidence they plan to use against you.Your attorney will discuss the evidence with you.If there is no other evidence of intoxication, the field sobriety tests are the most difficult to prove.There are a number of conditions that can affect the results of the tests.Breathalyzer tests are more difficult to challenge than field sobriety tests.A test's results make a difference.If you are barely over the legal limit, the prosecutor may be willing to drop the charges.
Step 8: The context of the stop should be looked at.
If the police officer who initially pulled you over did not have probable cause to stop you, that can be used as evidence to get the charges dropped.If you were pulled over alone, this may be more helpful to your case.You can argue that the officer did not have probable cause to stop you if you were obeying all the rules of the road.If the officer pulled you over for a broken tail light, you may be able to argue that he had no reason to believe you were drunk.You need to look at the statements of the officer.The officer will note in the police report that they smelled alcohol on your breath and administered a breathalyzer or field sobriety test.
Step 9: Take into account any physical or medical conditions.
There are a lot of physical and medical conditions that can affect test results.If the charges are based on the results of a field sobriety test or a breathalyzer test, this is so.Certain diet and medication can cause a false breathalyzer result.If you're on a strict diet, your body may produce alcohol that the breathalyzer reads wrong.The breathalyzer can't tell the difference between this and alcohol that you can get drunk from.If you have certain medical conditions such as diabetes or acid reflux, you can register a high blood-alcohol content on a breathalyzer.Physical conditions can cause you to appear drunk even if your driving ability is not impaired.You might have a recent knee or ankle injury.
Step 10: Interview people who are witnesses.
They can testify about whether you had been drinking before you were pulled over.If you're arguing that a medical condition interfered with the test results, your attorney may want to produce expert witnesses.If you believe that your acid reflux caused a false result on the breathalyzer test, you might want a doctor to testify about the severity of the disease and your use of medication.Eyewitnesses can testify that you weren't drinking alcohol, if they were with you before you were pulled over.It will be their word against the police officer's.Police officers do well in trials.A prosecutor may not be convinced by a friend of yours who is siding with law enforcement.
Step 11: Prepare for trial.
It can be difficult to get a prosecutor to drop a charge.Prepare for a trial on the merits of your case by working with your attorney.It's still important to be prepared for trial even if you and your attorney are confident that you can get your charges dropped.The prosecutor may become less willing to negotiate with you if they sense that you aren't well-prepared.If you have a strong case and it appears likely that you will win at trial, the prosecutor will be more willing to strike a deal.Since both sides are required to exchange information and evidence, the prosecuting attorney will have a good idea of how strong your case is.
Step 12: You must complete any required driving classes.
People convicted of traffic violations are required to attend a driving school.It signals to the prosecutor that you're taking steps to be a more responsible driver.Your attorney can tell you what classes are required.The classes will cost several hundred dollars.You will be expected to complete them despite the cost.It is part of the punishment.Taking a driver-responsibility class doesn't mean you're admitting guilt.If you show that you're proactive, the prosecutor may be willing to work with you.
Step 13: A substance-abuse professional can evaluate you.
If you got behind the wheel after drinking, that could be a symptom of a bigger problem with alcohol.If you see a need to seek help, speak to a professional.Getting a professional evaluation does not mean that you are admitting guilt.If you show willingness to admit you have a problem and get help, the prosecutor may be willing to work with you.The prosecutor may condition the dropping of charges on continued participation in treatment if you start a treatment program.
Step 14: Negotiate with the prosecutor.
Before your trial begins, your attorney is likely to discuss possible plea bargains.The prosecutor is more likely to drop charges if the case against you is weak.The prosecutor's opinion of the case, and what they're willing to offer you, may change depending on the evidence revealed during the investigation.The prosecutor may not be willing to consider dropping your charges.The prosecutor may change their opinion of the case after learning that you have a medical condition that may have interfered with the breathalyzer results.Drunken driving charges are usually not dropped by prosecutors.You may have more of a challenge plea bargaining than you would with another type of case.Your charges can be dropped if you have an attorney who understands the law and is familiar with the judge and prosecutor.
Step 15: Plead guilty to a lesser offense.
Even if you can convince the prosecutor to drop the charges, you won't be able to get away with it.A driver-responsibility class can be expensive.If you plead guilty to a lesser offense such as reckless driving, you may be able to keep your record clean.It is possible to take driver safety or responsibility classes here.These classes are required for lesser moving violations.The consequences of the lesser offense will be explained to you by your attorney so you can decide if you want to take the deal.If you are convicted of a drunk driving offense, the consequences will be less than if you were found not guilty.