If you have never had any trouble with the law but were recently arrested for a DUI, you probably do not have a clue what you should do. While DUI charges are serious, you might wonder if you could get the charges dropped, especially if this was the first criminal offense you were ever charged with. Here are a few things you should know about this.

Courts Do Drop DUI Charges in Some Cases

While you should not count on the court dropping your charge, you may still be interested in learning why a court would do this. Courts are often forced to drop charges if certain conditions exist, such as:

• The arresting officer did not read a person his or her rights.
• The breathalyzer test was faulty.
• The charged person taking medication that caused the test to register a higher blood-alcohol content (BAC) than it should have.
• The officer failed to complete a breathalyzer test.
• The officer did not have probable cause to stop the person.

Courts will drop charges if any of these conditions exist; however, most states have low rates of dropped DUI charges.

Factors That May Affect Results

If there is not a good reason (like the ones listed above) for the court to drop your charges, your attorney may try convincing the court to be lenient with your case. Courts have a hard time being lenient with repeat offenders, but they are sometimes more merciful to people that have never committed crimes before.

Your criminal defense lawyer may use the following factors as he or she asks the court for leniency:

• You were just at the legal limit – The legal BAC limit is 0.08 in all states. If your test was right around this number, your lawyer may be able to argue that you were really not incapacitated to the point where you could not drive well.
• You did not hurt anyone – If the DUI was a result of a traffic stop, you probably did not injure anyone while you were driving. If you did not hurt anyone, the court may be more lenient.
• You are an upstanding citizen – Your lawyer might also gather facts about your personal life that demonstrate your integrity, character, and personality. By stating these things, the court may decide to give you the lightest consequence possible.

Having a criminal defense attorney is a definite if you are arrested and charged with a DUI, especially if this is your first offense. To learn more, contact a firm that specializes in criminal defense law, such as Rolsch Law Offices.