Drunk Driving arrests in Michigan are increasing, especially in Oakland, Macomb, Livingston, Washtenaw and Wayne County.
Every Michigan drunk driving (or controlled substance driving) can be defended.
Here are 5 ways to defend a MI DUI charge:
- Get copies of the video tapes of your DUI arrest as well as videotapes of the breath testing procedures.
- Demand police reports, datamaster logs, dispatch records and any other material evidence in the police and prosecutor's possession.
- If appropriate and necessary, file motions to suppress evidence and dismiss based on constitutional rights violation, administrative rules violations or other violations of law.
- Show that the BAC test is inaccurate by use of an expert.
- Show that the Prosecutor can not prove beyond a reasonable doubt that your were drunk driving.
A DUI (driving under the influence) or OWI (operating while
intoxicated) arrest can start in a variety of ways. Perhaps it began
with a traffic stop which proceeded to a Field Sobriety Test, which you
were told you failed. Perhaps you were told you had one more
opportunity to avoid an OWI arrest by taking a PBT (preliminary breath
test). This simply involves breathing into a small hand-held device
which has often been proven to show higher amounts of alcohol in the
body than is truly the case. The penalty for refusing a PBT is a fine
only. If you were arrested after the PBT, at the police station you
were tested a second time using a larger device called a "Datamaster".
The officer may have given you a traffic citation, but whether a
citation was written up and given to you or not, you need to get the
help of an experienced DUI attorney because the consequences of
pleading guilty or being convicted of even the first misdemeanor
offense are very serious.
