How Many DUI Cases Are Dropped Each Year?

Facing a DUI charge is a terrifying experience—one filled with fear, anxiety, and countless questions. Among these, one of the most common is: “What percent of DUI cases are dropped?” Understanding these statistics and the underlying reasons can help individuals gauge their situation and approach their defense with a more informed outlook. This article explores DUI case outcomes, how often they are dropped or reduced, and what you can do to improve your odds in court.

Statewide, at least 2 or 3 out of 10 FIRST DUI cases get dropped in GA each year. For our firm MOST of the first offense DUI cases we handle are reduced or dismissed.

What Percent of DUI Cases Are Dropped in GA?

In Georgia, the conviction rate is among the highest in the nation, with around 95% of DUI cases ending in conviction. Dismissals in Georgia remain rare—some counties see fewer than 5% of DUIs fully dropped. That said, reductions to lesser charges, like reckless driving, occur more frequently, especially for first-time offenders or cases with police procedural errors.​

Across the United States, the percentage of DUI cases that are dropped, dismissed, or result in significantly reduced charges varies by jurisdiction. Nationally, research suggests around 40% of DUI cases end with either a dismissal or reduction to a lesser charge when defendants have skilled legal representation. However, the percentage of full dismissals alone is much lower, typically ranging from less than 5% to 10% depending on the state and local practices.​

For example, in California—a state often referenced for DUI trends—recent data indicates that about 20-30% of DUI cases are ultimately dismissed or defendants are acquitted. However, these numbers can fluctuate significantly between counties, with some areas reporting dismissal rates as low as 2%, while others reach up to 30% depending on specific circumstances and legal priorities.​

The most reliable recent data from Georgia shows DUI convictions in 2024 broken down as follows:

2024 Georgia DUI Convictions:​

First Offense: 17,011 (87.3%)

Second Offense: 2,185 (11.2%)

Third Offense: 299 (1.5%)

Total: 19,495 convictions

Compare these numbers to 2019’s figures:

2019 Georgia DUI Convictions:​

First Offense: 16,610 (86.5%)

Second Offense: 2,298 (12.0%)

Third Offense: 300 (1.6%)

Total: 19,208 convictions

While specific Georgia arrest statistics broken down by offense level are not publicly published in the same detail, the percentage of arrests that are first offense would likely be higher than 87%. Here’s why:

First-time DUI cases are significantly more likely to be dismissed or reduced to lesser charges compared to repeat offenses. In Georgia, approximately 28% of DUI cases are reduced to charges like reckless driving, and the state dismisses less than 5% of cases outright. First-time offenders without aggravating circumstances have a much better chance of avoiding a DUI conviction than repeat offenders.​

Since repeat offenders face higher conviction rates and fewer opportunities for plea reductions, they make up a smaller proportion of arrests than convictions. This means first-time offenses likely represent 88-90% or more of total DUI arrests in Georgia, though precise arrest-level data by offense type is not readily available from state reporting agencies.

Georgia had approximately 34,700 to 38,960 DUI arrests in 2024, but only 19,495 DUI convictions, highlighting the significant gap between arrests and convictions. Nationally, repeat offenders account for about 26-27% of DUI cases, which would translate to roughly 73-74% first-time offenders at the national level.​

What Is the Best Plea for a DUI?

One of the biggest decisions in a DUI case is whether to go to trial, accept a plea, or try to negotiate for a charge reduction. The most common plea in DUI matters, especially when the evidence is strong, is “guilty” or “no contest.” These pleas can be used to negotiate for reduced sentencing or charges, avoiding the uncertainty of a trial.​

A key factor for negotiating is whether there are signs that a DUI case is weak. Here are some common indicators that may improve the chances of getting charges dropped or reduced:

• Lack of probable cause for the initial traffic stop
• Faulty or poorly administered field sobriety tests
• Contradictory or unreliable testimony from arresting officers
• Violations of rights (such as Miranda or improper search and seizure)
• Lost or unclear evidence, including missing dashcam footage or BAC testing inconsistencies​

These weaknesses can empower defense attorneys to advocate more forcefully for dismissals or favorable plea bargains.

What Is the Most Common Sentence for a DUI?

DUI sentencing varies widely, but for first-time, non-aggravated offenses, the most common outcome involves some combination of fines, probation, DUI education, community service, and a short license suspension. Jail time is sometimes imposed, though it’s often minimal or suspended for first offenders.

A significant percentage of DUI defendants manage to have their charges lowered—to reckless driving or similar offenses—if there is no injury, property damage, or prior DUI history. Nationwide, around 28% to 40% of DUI cases may be reduced to reckless driving, especially with skilled legal counsel and favorable case factors. In California and Florida, up to 40% of DUI charges are sometimes resolved as reckless driving.​

The chances are increased significantly in cases where:

• The accused has no prior DUI or significant traffic violations
• The offense involved no major accident or injuries
• The BAC was only slightly above the legal limit

Legal representation effectively challenges evidence and police procedures​.

What Is the Best Defense Against a DUI?

The best defense against a DUI charge is a strong legal strategy tailored to the specifics of the case. Common defenses include:

1. Challenging the legality of the traffic stop (no valid reason for being pulled over)
2. Questioning the accuracy of BAC or breathalyzer tests (machine errors, improper calibration, or medical conditions affecting readings)
3. Highlighting procedural errors by officers, such as not following correct arrest or testing procedures
4. Proving alternative explanations for apparent impairment (medical conditions, fatigue, or environmental factors)
5. Contesting chain of custody for evidence and possible mishandling​

Among these, the best way to get a DUI dismissed often involves filing motions to suppress evidence obtained through illegal stops, unreliable testing, or violations of constitutional rights. When successful, these motions can lead to evidence exclusion, which forces the prosecution to drop or significantly reduce charges.​

If you or a loved one is facing DUI charges, you are not alone. While statistics show a relatively low percentage of full dismissals, the right legal strategy can greatly improve your outcomes—whether that means getting a case dropped, charges reduced, or mitigating potential penalties. Consult with an experienced defense attorney as soon as possible for the best results.

How  Soon After My Arrest Should I Contact a DUI Lawyer?

You should contact a DUI lawyer immediately after your arrest—ideally within the first 24 to 48 hours. Acting quickly allows your attorney to preserve critical evidence, advise you before you answer police questions, help you request a DMV license suspension hearing (which must often be done within 10 to 30 days of your arrest), and start building your defense while key details are still fresh.​

Reaching out to legal counsel as soon as possible gives you the best chance to protect your rights, avoid costly mistakes, and improve your overall outcome in both criminal and administrative proceedings. Even if you think there is strong evidence against you, a DUI lawyer may uncover legal and procedural errors that could reduce or dismiss the charges against you.​

Hiring a DUI Attorney Within 24–48 Hours Changes Outcomes

Hiring a DUI attorney within 24–48 hours after arrest dramatically improves your chances of a favorable outcome. Early engagement allows your lawyer to immediately preserve evidence that might otherwise be lost, such as police videos, breathalyzer data, and witness statements, and to meet strict deadlines—like the limited window to request a hearing to challenge a license suspension. By intervening quickly, your attorney can identify legal and procedural errors made during your arrest, challenge unlawful evidence, and prevent self-incrimination during initial police interactions.​

Research and case studies show that people who hire a DUI lawyer within 48 hours see measurably stronger results: more cases dismissed, more charges reduced, less severe penalties, and greater protection of driving privileges and employment. Acting promptly ensures you do not miss critical opportunities for defense, such as independent toxicology testing, collecting favorable surveillance footage, or negotiating with prosecutors while the case is freshest.

Overall, getting legal counsel involved right away maximizes your odds of avoiding harsh consequences and safeguarding your future.​ Call Larry Kohn or Cory Yager at (404) 567-5515 and come in for a free lawyer case review. Larry or Cory will sit down with you (and a family member if you want) so you can tell them what happened the night you got arrested. There is no obligation to hire us. We do, however, offer payment plans.