Yes—but not in every case. A DUI attorney can get charges dismissed when police made mistakes, violated your rights, or collected evidence improperly. They can also negotiate charge reductions when dismissal isn't possible. The key is whether your arrest has weaknesses that an experienced attorney knows how to find and exploit.
Whether your case can be dismissed or reduced depends entirely on what happened during your stop, arrest, and testing. Here's what actually determines your chances.
DUI Charge Reduction: Can a Lawyer Help Dismiss Your Case?
Your Three Possible Outcomes
When you're charged with DUI in Colorado, you're looking at three paths:
Dismissal means charges dropped completely. This happens when your attorney finds serious problems with the case—illegal stops, bad evidence, or rights violations.
Reduction means negotiating down to a lesser charge like DWAI or reckless driving. Still on your record, but much lighter penalties.
Conviction means facing full DUI penalties, including license suspension and a permanent criminal record.
When a Lawyer CAN Get Your Case Dismissed
Attorneys get DUI cases dismissed by finding legal problems with your arrest. If any of these apply to your situation, dismissal becomes possible:
The Traffic Stop Was Illegal If the officer couldn't clearly explain why they pulled you over, the entire arrest may be invalid. "You looked suspicious" or "driving late at night" aren't legal reasons. The officer needs specific, articulable facts—weaving, speeding, broken taillight, running a stop sign.
Your Rights Were Violated
Police must read your Miranda rights before questioning you after arrest. If they didn't, your statements can't be used against you. In some cases, this destroys the prosecution's entire case.
The Breathalyzer or Blood Test Was Flawed
The machine wasn't calibrated properly
The officer wasn't trained to use it correctly
You weren't observed for 15 minutes before the breath test
The blood draw wasn't performed by qualified personnel
Chain of custody was broken
Field Sobriety Tests Were Improperly Administered Officers must follow standardized procedures exactly. If they gave wrong instructions, conducted tests on uneven ground, or failed to account for medical conditions, the results become unreliable.
You Weren't Actually Driving
If police didn't see you driving and there's no other proof you were behind the wheel, they can't convict you of DUI. This happens more often than you'd think—accidents where no one witnessed who was driving, or cases where you were found in a parked car.
Attorney Barrie Newberger King reviews every arrest for these issues. In her 11+ years defending DUI cases throughout Southwest Colorado, she's seen prosecutors drop charges when these problems surface.
When Dismissal Isn't Possible: How Lawyers Get Charges Reduced
If your case doesn't have the major flaws listed above, dismissal probably won't happen. But that doesn't mean you're stuck with a full DUI conviction. Charge reduction is often more realistic—and still protects you from the worst consequences.
Experienced attorneys find smaller problems with the prosecution's case—not enough to dismiss it, but enough to make the prosecutor nervous about trial. Maybe your BAC was barely over the limit. Maybe you performed some field sobriety tests well. Maybe this is your first offense with an otherwise clean record.
Prosecutors hate uncertainty. When your attorney points out these weaknesses, a plea deal becomes attractive to both sides.
| Original Charge | Reduced Charge | What Changes |
|---|---|---|
| DUI (BAC 0.08+) | DWAI (BAC 0.05-0.079) | Lower fines, shorter suspension, less severe impact |
| DUI | Wet Reckless | Alcohol-related but not "DUI" on your record, reduced penalties |
| DUI | Dry Reckless | No alcohol element, significantly lighter consequences |
Attorney Barrie Newberger King has negotiated charge reductions throughout Southwest Colorado by finding the procedural mistakes and evidentiary gaps that make prosecutors nervous about going to trial.
What Evidence Actually Matters
Strong cases have clear video, properly administered tests, and consistent reports. Weak cases don't. Your attorney will dig into:
Dashcam and body camera footage that often contradicts what officers wrote in their reports
BAC timing issues (if you were tested hours after driving, your BAC may have been legal when you were actually behind the wheel)
Officer credibility (past complaints, disciplinary history, inconsistent testimony)
The 7-day DMV deadline for challenging your license suspension separately from criminal charges
One piece of questionable evidence can change everything.
When Timing Makes or Breaks Your Case
Waiting to get legal help is one of the biggest mistakes people make. Here's why timing matters:
Attorneys need time to subpoena dashcam footage before it gets deleted. They need to interview witnesses while memories are fresh. They need to file motions before deadlines pass. In La Plata County and Southwest Colorado's court system, experienced DUI representation starts working the day you're arrested.
Your criminal history also plays a role. First-time offenders get better deals than repeat offenders. A clean record tells prosecutors this was out of character.
The specifics of your arrest matter too:
BAC barely over 0.08 vs. 0.15+
No accident vs. property damage or injury
Cooperative behavior vs. resisting arrest
Understanding Plea Bargains
Sometimes the evidence is strong. The stop was legal, you clearly failed the test, procedures were followed. In these situations, a good plea bargain protects you from the worst consequences.
A skilled attorney can negotiate for:
Reduced charges (DUI to DWAI or reckless driving)
Minimal or no jail time
Shorter probation
Lower fines
No ignition interlock device requirement
Work or medical driving privileges
The goal isn't to claim innocence—it's to control the outcome instead of gambling at trial.
Why Attorneys Get Better Results
Prosecutors treat you differently when you have representation. They know an experienced attorney will file motions, challenge evidence, and take the case to trial if necessary. That makes negotiation more productive.
Without an attorney, you probably won't recognize the problems with your case. You won't know that the traffic stop was questionable, the breathalyzer wasn't maintained correctly, or the officer failed to follow procedures. These details determine outcomes.
NewbergerKing Law has handled DUI cases throughout Durango, Cortez, Pagosa Springs, and Southwest Colorado for over 11 years. That experience means knowing local prosecutors, understanding how different judges handle DUI cases, and recognizing which defenses work in which courtrooms.
Take Action on Your Case
The details of your arrest determine whether dismissal, reduction, or another option makes sense. Don't make assumptions about what's possible until an attorney reviews what actually happened.
Contact NewbergerKing Law to discuss your specific situation. Early action preserves your best options and protects your rights.