How to Convince a Prosecutor to Dismiss My DUI Case? (A Former DA Explains)

How can I convince the prosecutor to cut me a break and dismiss my DUI case?

I want to address two misconceptions or two things that a lot of people think would be persuasive to DA’s but really are unlikely to convince them to dismiss your DUI.

The first is showing that you have good moral character. So, maybe you’ve never been in trouble before. Maybe you were an honor student, maybe you’ve got a great job maybe you provide for your family, maybe you coach Little League, maybe you contribute to charity, maybe you’re a veteran and you served in combat and you have PTSD, unfortunately the prosecutor usually does not care too much about these things and is unlikely to cut you a break because of them. The fact is that most people who get charged with first time DUI are good people are normal people who have no prior criminal record and they rarely

get a break because of that.

The second misconception that a lot of people have is that the prosecutor will sympathize with them if they are going to suffer harsh consequences due to a DUI conviction. Maybe if you lose your license you won’t be able to work, maybe you lose your job,  maybe you won’t be able to provide for your family, maybe you lose your professional license we call these collateral consequences. Sometimes the DA will consider these things but usually they will have very little sympathy. Usually, they will say, hey, if this person really cared about their family and their job then they wouldn’t have been out there drunk driving. So if those things are unlikely to convince a prosecutor to give you a break, what sort of things will?

The answer quite simply is showing the DA that there’s problems of proof or problems with their evidence in the case. Maybe the police officer who arrested you lacks credibility. Maybe the crime lab that tested the blood made mistakes. Maybe the breathalyzer that you used had not been properly maintained and maybe you have a documented medical condition that causes falsely high readings on the breathalyzer. These are the sorts of things that will signal to the prosecutor, hey, if I take this case to trial there’s a good chance I may lose and get a not guilty verdict and those are the sorts of things that are more likely to persuade the prosecutor to come to the table to cut you a break and reduced or dismissed the charges.

And the fact is these sorts of problems in the evidence are present in almost every DUI case and it’s the job of a good DUI defense attorney to uncover them and bring them to the prosecutor’s attention.