To beat a DUI, you have to have the right facts, and a lawyer who can negotiate a good plea bargain based on all totality of the circumstances. This means if you blew a BAC of .22 for example, the prosecutor is going to think you’re a serious drunkard and will probably not so readily consider a dismissal of the charge early on. On the other hand, if your BAC level was .07, then sometimes, you can beat a ‘DUI’ per se, by negotiating a lower charge such as a reckless driving or a negligent driving charge. These reductions don’t always readily come into being unless the facts are right and more importantly, you have a negotiator attorney who really knows how to connect and clarify your case to a prosecutor.
You will want to know what a reckless driving charge is and what a negligent driving charge is.
RCW 46.61.500 – Reckless Driving – this is a crime. It’s a small misdemeanor, but it’s still a crime.
Then you’ve got Negligent Driving (RCW 46.61.5249), which has 2 degrees: Negligent Driving in the 1st Degree and 2nd Degree, also know to lawyers as “Neg1″ and Neg2”.
A Neg1 is a crime still. You don’t want that. Still, it is far better than a DUI, if you’re trying to technically beat a DUI.
A Neg2 is not a crime. (RCW 46.61.525) It’s a simple traffic infraction. This is what you want short of getting a not guilty verdict if you were to go to a jury trial and win your DUI case.
But you’re asking, “How do I beat a DUI?” This question implies your desire to completely win.
Answer: Go to trial and beat it by getting a not guilty verdict.
How to do beat a DUI? Get a criminal lawyer who can try a case and get a not-guilty verdict.
There are other ways you can beat a DUI by litigating and negotiating your case towards a Deferred Prosecution, which basically means you have about 5 years to shape up or ship out. If you shape up, you can get the DUI actually dismissed. However, it requires you to admit to the court before the judge that you really actually have a drinking problem, and ‘but for’ this drinking problem, you would never have committed a DUI. The word ‘but for’ can be equated simply as “if it weren’t for”, meaning “If it weren’t for my drinking problem, judge, I would never have commited a DUI”. This elemente of confesssion-type of admission before the courts can open up the opportunity to receive a Deferred Prosecution such that after complying and paying all your fines and court fees, and upon a positive recommendation of compliance from your probation officer (if you have one) and a positive recommendation from your alcohol treatment counselor, the judge can at the judge’s discretion dismiss your DUI – this is another way you can so-called ‘beat your DUI’.
In actuality, you need not litigate and negotiate a Deferred Prosecution with the prosecutor, but it’s more of a request, an option to request the court to give you a Deferred Prosecution. The prosecutor can object of course to your request for a Deferred Prosecution, and this is where negotiations are critical so that your attorney and the prosecutor can have discussed, negotiated and agreed to the terms of the plea deal to come before the court in agreement to this option. It’s always good to come before the judge in agreement between defense counsel and prosecution, rather than have to face an objection, vigorous or otherwise, by opposing counsel.
Remember, you can’t opt-in and request a Deferred Prosecution year after year. You get 1 bite of the apple. There are instances depending on how many years have passed and when you received a Deferred Prosecution. In such instances, it might be arguable to request a 2nd Deferred Prosecution. Notice, it is ‘arguable’, not guaranteed, depending on the year in which you received a Deferred Prosecution. You will have to speak to an attorney about this.
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