Getting arrested for DUI in South Dakota is a serious matter with severe consequences. However, an arrest does not automatically mean you will be convicted. There are situations where you might be able to get your DUI charges reduced or even dismissed altogether.
Possible paths to dismissal
When you are arrested for DUI, the prosecutor must decide whether to charge you formally. Prosecutors review cases for sufficient evidence. If the evidence against you is weak, such as a delayed blood alcohol test showing you were under the legal limit (0.8% BAC), the prosecutor might choose not to file charges at all.
Reduction of DUI charges
If dismissal is not possible, you might still be able to reduce your charges. For instance, you could potentially get your DUI charge reduced to reckless driving. One avenue is a plea agreement, where you plead guilty to a lesser violation like reckless driving. This agreement avoids trial and the risk of a DUI conviction.
DUI diversion programs
Another possibility, especially for first-time offenders, is a DUI diversion program. These programs often involve admitting guilt, paying fines, attending counseling, and potentially performing community service. Successful completion usually leads to dropped charges and helps you avoid a criminal record and license suspension.
Court dismissal of DUI charges
Occasionally, procedural errors or insufficient evidence can lead to a dismissal. If the police did not follow proper procedures during your arrest or at a DUI checkpoint, or if the evidence against you is weak, your attorney can file motions to suppress that evidence. If successful, this might leave the prosecution without enough evidence to convict you, potentially leading to a dismissal.
Seeking legal help from an experienced DUI attorney in South Dakota is always advisable. They can investigate the details of your case, challenge the evidence, determine if you are eligible for diversion programs or explore other options, like negotiating a plea deal.
While a DUI arrest in South Dakota is a serious matter, it does not guarantee a conviction. Seeking legal help is crucial to navigating these possibilities effectively and achieving the best possible outcome for your situation.