Is there any way to get OWI charges dropped?

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Is there any way to get OWI charges dropped?

I was leaving the bar and backed into a parked car I didn’t see. I blew a .08 and even tho I had hardly drank they are charging me with an OWI. Unfortunately I had gotten in trouble 3 years ago and am currently on probation. I need out of this bad. Can you give any advice?

Asked on August 29, 2012 under Criminal Law, Indiana

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The only way to really get the charges dropped is to get the breath test results thrown out.  This will depend on the type of test used, how it was administered, and whether or not you consented to the test.  Finding a loop-hole in any one of these three areas could result in the test results being thrown out-- which are sometimes the only evidence of intoxication.  You need to let a criminal defense attorney review the offense report and see if any factors jump out that would warrant suppression of your breath test results.  Try to find an attorney that is also familiar with the officer.  Some officers have a reputation for being sloppy with procedures which could help with deciding on how to proceed with your case.

Just as a side note... you mention that you are currently on probation... keep in mind that anything you tell your probation officer will probably we recorded in their notes and available to the prosecutor later.


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