Being arrested for driving while intoxicated (DWI) in California can lead to feelings of fear, shame, and confusion. A primary concern for first-time offenders in the state is, “How can I get out of a DWI?” Getting out of a DWI in California can feel insurmountable. In reality, with the assistance of a qualified defense attorney, you may be able to reduce the consequences of a DWI or even have the charges dismissed.
Understand California DUI Laws
Though it is generally unlawful to drive while intoxicated across the United States, each state has its own laws regarding permissible blood alcohol concentration levels (BAC). In California, a DWI is commonly referred to as driving under the influence (DUI).
California Vehicle Code § 23152 defines DUI as operating a motor vehicle with a BAC of 0.08% for regular drivers or 0.04% for commercial drivers.
The frequency of DUI arrests varies across counties. There were 3,407 arrests for DUI in Sacramento County in 2020. By comparison, the county with the highest number of DUI arrests in 2020 was Los Angeles County, with 17,780 arrests. The county with the fewest arrests that same year was Alpine County, with 11 arrests.
Regardless of where you are arrested in California, you are likely to face the following DUI penalties as a first-time offender:
- Possible jail time
- Probation
- License suspension
- Fines
- Ignition Interlock Device (IID) requirement
- Completion of DUI Programs
Of all first DUI offenders arrested in 2019, 66.3% were sentenced to jail, compared to 95.2% of repeat offenders.
Having a criminal record can make it difficult to obtain housing or employment opportunities once an offender has completed their sentence. In light of the seriousness of potential DUI penalties, it is in a person’s interest to challenge their DUI charge and avoid a conviction or negotiate a plea.
How Can I Get Out of a DWI?
According to the National Highway Traffic Safety Administration (NHTSA), drunk driving is responsible for an average of 34 deaths every day across the United States. Because of this, authorities take DWIs extremely seriously, and it can be challenging to get out of a DWI/DUI without an effective legal strategy.
Beating a DUI charge is dependent upon having a strong legal defense that takes all the facts of your case into account. With the assistance of a seasoned California DUI lawyer, you may be able to successfully utilize one of the following defense strategies in your DUI case:
Challenging the Traffic Stop That Led to the Arrest
A DUI charge can be challenged if you can show that you were unlawfully stopped. Law enforcement must have probable cause to conduct a traffic stop. Filing a complaint against the law enforcement agency for an unlawful stop following your arrest can help strengthen the claim. Proving a stop was unlawful can lead to a dismissal of evidence obtained during the arrest, including BAC test results.
Questioning the Accuracy of BAC or Chemical Tests
California law enforcement agencies can carry out several types of standardized field sobriety tests (SFST) to assess a driver’s ability to operate a motor vehicle, as well as a breathalyzer test or other chemical test. A skilled defense attorney may help present evidence that the BAC testing equipment was faulty or that other chemical tests were performed beyond the required three hours after the initial stop.
Highlighting Procedural Errors
A knowledgeable attorney can build a defense strategy for your DUI case by pointing out procedural errors during a client’s arrest. This can demonstrate that law enforcement inadequately administered the required SFTS or that authorities did not read a client their Miranda Rights during the arrest.
Presenting Mitigating Factors
A strong defense against DUI charges may involve showing that you have a medical condition that could have affected your BAC reading. Those who suffer from diabetic ketoacidosis, for instance, as well as people with Gastroesophageal reflux disease (GERD), can present higher BAC levels during testing.
It is also possible to prove that over-the-counter or prescription medications may have impacted a person’s chemical test results.
Resorting to one or a combination of the above strategies can lead to a DUI charge being dropped. It may also put you in a stronger position when negotiating a plea with prosecutors.
FAQs
Q: How Do You Get Out of a DWI?
A: Getting out of a DWI, or DUI as it is referred to in California, can be done through multiple legal strategies. You can attempt to challenge the legality of the traffic stop that led to the arrest. Another strategy can be questioning the accuracy of a chemical test or the administration of field sobriety tests. A skilled attorney may be able to leverage these and other strategies in your defense.
Q: Can a DUI Be Dismissed in CA?
A: Yes, a DUI can be dismissed in California. This can occur if there is not enough evidence to demonstrate that a person violated the law. A strong legal defense team may get a court to drop the charges. They can also work with the prosecution to withdraw charges against their client in exchange for participation in a DUI program, like California’s “Wet and Reckless” six-week (12-hour) DUI program.
Q: What Is the Ideal Outcome of a DWI Case?
A: The ideal outcome of a DWI case is a dismissal of charges. These charges can lead to a criminal record, even without a conviction, but the criminal record can be expunged. A second optimal outcome is reduced charges and a requirement to complete a DUI program instead of probation or jail time.
Q: Can You Expunge a DUI Record in California?
A: You may be able to expunge a DUI record in California in most cases. For adults who were arrested but not convicted of a DUI, they may have a record sealed and destroyed after a waiting period. DUI convictions can also be expunged if the person has completed their sentencing and is no longer on probation. Certain expungement requests may be approved at the discretion of a judge, especially for felony convictions.
It Is Possible to Get Out of a DUI Charge in California
After a DUI arrest, it is recommended that you consult an attorney with a track record of success in DUI cases and who is well-versed in California DUI laws. Working with a knowledgeable attorney can help shed light on how to get out of a DWI and whether a record can be expunged.
At The Ward Firm, our skilled criminal defense attorney is here to answer all of your DUI questions. Our compassionate legal team fights vigorously to obtain the optimal result for each client. Schedule a consultation today to learn more.
