Can My DUI Charges Be Dismissed in Michigan?

If you are being charged with a DUI in Michigan there is a chance that your case will be dismissed. However, you could also negotiate a plea bargain to reduce your charges. Learn more about your legal options by consulting with a Marquette DUI lawyer today.

What Does a Case Being Dismissed Mean?

When a case is dismissed it means that charges were filed but the court has decided to terminate the case without reaching a final verdict. The case is over and no further legal action will be pursued. It doesn’t mean that the defendant was found not guilty it simply means that there are not sufficient grounds to continue.

Can My DUI Charges Be Dismissed in Michigan?

Yes, in any criminal case, it is possible for the charges to be dismissed. Whether the prosecutor drops the charges or the judge dismisses the case, it is important to understand that it is an option for your DUI charges.

If any of the following is true, it could lead to your case being dismissed.

• There is insufficient evidence against you
• Evidence was obtained illegally or the traffic stop was unlawful, like in violation of your Fourth Amendment right to avoid unreasonable searches and seizures
• The police officers involved did not follow proper procedures or administered the breathalyzer or field sobriety tests incorrectly
• There is a lack of resources and a backlog of cases and your situation was considered minor

The prosecution can drop the charges or the judge can dismiss the case per your request or at their discretion. However, if the above does not apply and your charges are not dropped, there is still a chance that you can have your charges reduced.

How Can My DUI Charges Be Reduced?

If you were arrested for a DUI a dismissal is your best bet at avoiding a criminal record and legal consequences. However, if that is not possible then getting your charges reduced is the next best thing. Your attorney could negotiate a plea bargain with the prosecutor to have your charges reduced. In this type of situation, you must agree to plead guilty in exchange for the prosecutor charging you with a lesser offense or suggesting a reduced sentence.

In Michigan, you may be able to get your DUI charge reduced to wet reckless driving or careless driving. Careless driving is a civil offense and will not result in jail time or a criminal record. This is often offered to first-time offenders who did not cause damage or injuries and did not have an excessively high BAC.

Wet reckless driving is an offense only used during plea agreements. It is the crime of reckless driving (operating a vehicle with willful and wanton disregard for the safety of others and surrounding property) with the acknowledgment that alcohol was involved. The penalties for a DUI and reckless driving are the same but it is considered a reduction as the crime is not considered as serious.

Contact an attorney for more information on your options during your DUI case.