Is there any way to get OWI charges dropped?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.