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How to avoid a DUI/DWI Conviction.

Getting arrested for DUI/DWI is bad enough. Getting convicted is worse.

From blue lights, to handcuffs, to a green jumpsuit behind bars. It can all happen so quickly. But just because you have been arrested for a DUI doesn't mean you have to be convicted of it. There are several reasons why you want to avoid a conviction.

Because you cannot receive a withhold of adjudication on a DUI if you plead to it or are found guilty by a jury after trial, a permanent criminal conviction is entered on your record. What makes this worse is that you cannot seal the record either. What's more is that DUI convictions carry with it certain mandatory sentences that not even judges or prosecutors can waive. A person's license will be suspended, DUI school is required, hefty fines and court costs along with possible jail and probation are all on the table. So how do you avoid a DUI conviction? Let's find out.

The most common way to avoid a DUI conviction is to have your DUI/DWI attorney negotiate what is referred to as a "Reckless Driving" disposition. This results in the state dropping the DUI charges against you and re-filing a lesser offense of Reckless driving. This allows a person to avoid the harsh DUI penalties and keeps their record clear of a DUI conviction--assuming a withhold is offered. Another benefit of receiving a Reckless with a witthold is that you can get your record sealed.

The second way to avoid a DUI conviction is to prevail on certain pre trial evidentiary motions (e.g., Motion To Suppress Evidence) to the extent that the state is left with very evidence of your guilt. Often times the state will simply drop the charges and that's it. Case over.

A third way to avoid a DUI conviction after arrest is to take your case to trial. There a jury will be selected and if the outcome results in a not guilty verdict, you win. Of course this is the most difficult way as it involves an entirely separate legal procedure and it's risky, especially to the people who have prior DUI's. Judges sometimes are a bit more harsh on sentencing after a conviction at trial.

So there you have it. Three common ways to avoid a DUI. For more information on your DUI/DWI, visit Or call us at 904-858-9818. You can also check out this related blog.

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