DUI Reduced to a Civil Infraction

Most lawyers practice for their entire legal career and never achieve a reduction from an OWI to a civil infraction. The attorneys with LEWIS & DICKSTEIN, P.L.L.C. have accomplished this multiple times.

Reduction of OWI and DUI Charges to Civil Infractions

A Canadian citizen hired us to handle an OWI -DUI with a BAC (breath alcohol level) of .13/.14 (two tests). Our client faced severe immigration consequences if he was convicted, which would have tragically impacted his job of 17 years as an engineer and his ability to parent his children, who are United States citizens living in Michigan. Although we explained that there were no guarantees that a drunken driving charge could be reduced to a civil infraction, we told our client that we would do everything humanly possible to make it happen. The client chose our firm over several other top firms in Michigan because he believed we would not let him down in our fight to get his DUI reduced to a civil infraction.

Fighting to Get OWI Charges Reduced to a Civil Infraction

The fight was on! We ultimately were able to prove that our client had no prior record. The incident was isolated and not likely to be repeated. We discovered a factual issue that at least had the potential of being exploited in our client’s favor. Ultimately, we convinced the chief of police and the prosecutor to reduce the charge to simple careless driving. The client was thrilled, and his work and family were saved!! As highly successful DUI defense attorneys in Michigan, we strive to achieve this level of success in all of our OWI-related cases. Although getting a drunk driving case reduced to a civil infraction is rare, the only way to achieve such an extraordinary result is to be aggressive, intelligent, tenacious, and fearless. This is the level of fight we bring to our cases and the level of dedication our clients can expect.

Want to get a DUI reduced to a civil infraction? There are no guarantees, but here are some things to look for when searching for a top DUI defense attorney.

When looking for an outstanding DUI (Driving Under the Influence) defense attorney to fight to get a DUI reduced to a civil infraction, several key factors must be considered to ensure you have the best representation for your case. These include:

Specialization in DUI Cases: Look for an attorney who specializes in DUI cases or has a substantial portion of their practice dedicated to DUI defense. These attorneys are more likely to be current on the latest legal developments, defense strategies, and nuances of DUI law.

Experience and Track Record: Consider the attorney’s experience in handling DUI cases and their track record of success. An attorney with a history of favorable outcomes in DUI cases will likely have a deeper understanding of effective defense strategies.

Knowledge of Local Legal System: An attorney familiar with the local court system, judges, and prosecutors can be advantageous. They may have insights into the tendencies of specific courts and can tailor their defense strategy accordingly.

Reputation and Reviews: Look into the attorney’s reputation in the legal community. Client reviews, testimonials, and peer opinions can provide valuable insights into the attorney’s competence and the quality of their client interactions.

Communication Skills: A great DUI attorney should communicate well in court and with you. They should be able to explain complex legal concepts clearly and keep you informed about the progress of your case.

Analytical Skills and Attention to Detail: Effective DUI defense often hinges on the small details of the case, such as the accuracy of a breathalyzer test or the legality of a traffic stop. An attorney with strong analytical skills and attention to detail can identify weaknesses in the prosecution’s case.

Availability and Personal Attention: Ensure that the attorney is available to address your concerns and is willing to give your case the personal attention it deserves. A good attorney should be accessible and responsive.

Professionalism and Ethical Standards: The attorney should exhibit high professional standards, respect ethical boundaries, and prioritize your best interests.

Fees and Billing Transparency: Understand how the attorney bills for their services. A reputable attorney will be transparent about their fees and the services included.

Comfort Level and Trust: It’s essential that you feel comfortable with the attorney and trust them to represent your best interests. A good attorney-client relationship is based on trust, mutual respect, and understanding.

Facing a DUI charge can have significant consequences, so choosing the right attorney is crucial. Take the time to research, consult with potential attorneys, and choose someone who meets these criteria and makes you feel confident in your defense.

How A Defense Attorney Seeks Reduced Charges

Getting DUI charges reduced to a civil infraction is a challenging task. Still, a skilled DUI attorney can employ several strategies to achieve this goal, depending on the specifics of the case. Here are some of the ways an attorney might work towards reducing a DUI charge:

Plea Bargaining: The attorney can negotiate with the prosecutor for a plea bargain. This often involves agreeing to plead guilty to a lesser charge, like a civil infraction or a non-DUI traffic offense, in exchange for dropping the DUI charge. The success of this approach largely depends on the strength of the prosecution’s case and the attorney’s negotiation skills.

Challenging the Evidence: If the evidence against the defendant is weak or questionable, the attorney might challenge the validity of the traffic stop, the administration and accuracy of field sobriety tests, or the reliability of breathalyzer or blood tests. Questioning the integrity of the evidence can lead to its suppression, which weakens the prosecution’s case and can make them more amenable to reducing the charge.

Highlighting Defendant’s Clean Record: The attorney may use this to argue for leniency if the defendant has a clean driving record and no prior DUI offenses. First-time offenders, especially those with an otherwise impeccable record, are often viewed more favorably.

Demonstrating Mitigating Circumstances: The attorney might present mitigating circumstances that could sway the prosecutor or judge to consider a lesser charge. This could include the defendant’s personal and professional background, the context of the offense, or steps the defendant has already taken toward rehabilitation, such as attending alcohol education classes.

Legal Technicalities and Procedural Errors: The attorney will scrutinize the case for any legal technicalities or procedural errors, such as violations of the defendant’s rights during the arrest or booking process. Such errors can be leveraged in negotiations with the prosecutor.

Use of Expert Witnesses: In some cases, the attorney might employ expert witnesses to challenge the accuracy of the blood alcohol content (BAC) testing methods or to provide alternative interpretations of the defendant’s behavior or physical condition at the time of the arrest.

Impact on Defendant’s Life: The attorney might also argue how a DUI conviction could disproportionately impact the defendant’s life or the life of their family, such as affecting their employment or their ability to care for children, and thus advocate for a reduction in charges.

It’s important to note that the ability to reduce a DUI charge to a civil infraction varies significantly based on the prosecutor, judge, and the specifics of the case. In many cases, reducing a DUI to a civil infraction might not be possible. Each case is unique, and the strategy employed will be tailored to the individual circumstances of the case.

DUI Defense Attorney in Michigan

If you are charged with a felony or misdemeanor DUI, OWI, or drunk driving, please do not hesitate to call the good and affordable attorneys with LEWIS & DICKSTEIN, P.L.L.C. for a free consultation and confidential case evaluation. We will take the time to talk with you, answer your questions, and address your concerns. No lawyer can guarantee that they can get a DUI reduced to a civil infraction; however, we can guarantee that we will do everything possible to achieve the best possible result.

Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.