The Defense of most, if not all, Michigan DUI charge starts with basically 3 questions:
1. Is the evidence against you obtained in violation of your rights?
2. If so, will the evidence prove you guilty beyond a reasonable doubt to a Michigan jury?
3. Did the police follow the law, rules and administrative procedures in Michigan?
In order for these questions to be answered, a good DUI Lawyer must gather material evidence in advance. Materials such as, police reports, police in-car video recording, booking room video recording, datamaster logs, police dispatch records, blood viles (if blood was taken) and other pertinent information necessary to defend a DUI arrest/charge, especially if you have a prior DUI/OWI or facing a felony DUI (third DUI) charge.
In a felony DUI (Third DUI or multiple DUI's), gathering this material evidence before the preliminary exam hearing in the District Court is extremely important to defend a felony DUI charge in Michigan. The best DUI lawyers in Michigan will tell you that most of the time, this is the most optimal way to defend a drunk driving case. The cost to get this material is minimal (approximately $30 to $100), however their value can be priceless.
One of the best ways to attack a DUI arrest is by a thorough analysis of your DUI arrest. For example, your DUI attorney should examine why the police stopped you in the first place. It is unlawful for the police to stop someone for no reason, such as a 'pre-text stop' used by police in hopes of searching for a crime. If so, then the 'stop' can be challenged. Every person is entitled to be free from unreasonable searches and seizures. If the police report, video recordings of the patrol car, police dispatch records show otherwise, a challenge on the 'stop' can be made to the Judge at a suppression hearing.
The Prosecutor Must Prove Your BAC Level Was Over the Legal Limit (.08)
Many people wrongly assume that because they had something to drink, and because they were arrested for drunk driving (OWI/DUI), then they’re automatically guilty. Wrong! It is not illegal to drink and drive in MI so long as you your BAC level does not reach the legal limit. The police officer may have formed incorrect opinions of your sobriety or the breath testing machines were not properly used or calibrated. Many people also assume that a breath test will prove them guilty. Not so, the scientific and administrative methods of testing your BAC (blood alcohol level) are not always accurate or properly administered.
Also, the breath or blood test which is more of an “objective” measure of impairment, since it does not take the officer’s perceptions into account. However, mistakes the officer makes when giving you the test and errors or inaccuracies of the machine itself, can both lead to erroneous results. The other types of evidence are “subjective” in nature, and do rely on the perceptions, memory, and opinions of the police officer. Why? because the police can make mistakes - give you the wrong instructions and form false conclusions.
If you just
simply go to Court without reviewing the evidence against you and
properly evaluating your DUI arrest and plead guilty, you or your
attorney could be making a terrible mistake that you may regret later.
Your DUI Lawyer can study all of the evidence against you and put each piece of evidence to the test to weaken the prosecutor’s case as much as possible
. A good DUI Attorney knows what to look for and where to find it.
If you, a family member, friend or colleague have been arrested for drunk driving, contact us now for a free consultation. Over the years, we've helped many clients throughout Michigan, including, Oakland, Macomb, Wayne, Livingston, Monroe and Washtenaw County.
Copyright 2002-2011. All Rights Reserved. Attorneys of Michigan, PLLC. (248) 782-8322. Fax (248) 782-7415. Toll Free (888) 432-6425.