Yes, it is possible to have your charge reduced or dismissed. However, NO lawyer can or should guarantee you that your case can be reduced or dismissed. It is unethical for lawyers to promise you a favorable outcome just to obtain your business.
An experienced DUI lawyer will spend a considerable amount of time reviewing and investigating the evidence in order to prepare an effective DUI defense. Remember, you have rights under both Rhode Island and federal law that need to be protected. It is not uncommon for the police to use improper protocol to obtain evidence illegally or for the police to violate your constitutional rights. If you were pulled over only because an officer observed you leaving a bar, or you were out driving late at night, for example, that does not constitute probable cause and your attorney should insist that the judge prohibit the use of all evidence the officer obtained, which can result in the reduction or dismissal of charges.
In addition, how the officer determined you were driving over the legal limit can have a major impact on your case. Police officers have strict rules they must adhere to. For example, requiring a driver to walk in a straight line or to stand on one leg are tests that require flat ground surfaces. Furthermore, arresting officers are required to explain and model the exercises before they administer the test to the driver. Their failure to do so can have a major impact on a conviction. Your DUI attorney may be able to argue that the arresting officer did not properly administer the field sobriety exercises, resulting in a false positive test.
A skilled and experienced criminal defense attorney can argue various circumstances surrounding their client’s arrest with the goal of having the charges dismissed or reduced.