DUI DEFENSE IN MICHIGAN
The Defense of most, if not all, Michigan DUI arrests starts with basically 3 questions:
In order for these questions to be answered, a good DUI Attorney must gather material evidence in advance of your case and almost immediately after your release from jail.
In-car video recordings, booking room video CD's, data-master breath test 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 second or third felony DUI (Third DUI or multiple DUI), gathering this material evidence is critical. In a felony DUI charge in Michigan, it is very important to have it before the preliminary exam hearing in the District Court. 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 under $100 with most police departments), however their value can be priceless in defending your DUI case.
An effective method in defending a DUI arrest in Michigan is to review evidence. Under the Constitution, every MI citizen is entitled to be free from unreasonable searches and seizures. This is why it is important to gather the police reports, video recordings of the patrol car, police dispatch records which in turn help your case whereby challenges to the 'stop', police misconduct, violation of your rights, lack of probable cause to arrest or improper breath tests, can be challenged in Court during a suppression hearing to throw out certain evidence to prove your guilt.
The Prosecutor Must Prove Your BAC Level Was Over the Legal Limit (.08)
re automatically guilty. Wrong! The police officer may have formed incorrect opinions of your sobriety or the breath testing machines were not properly used or calibrated at the time of your DUI arrest. Many people also assume that a breath test will automatically prove them guilty. Not so, the scientific and administrative methods of testing your BAC (blood alcohol level) are not always accurate or properly administered, thus should be thoroughly evaluated by your DUI Attorney.
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 by the police can result in breath test errors. Also, inaccuracies of the machine itself, can 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 because the police can make mistakes, which in turn, result in wrong instructions and formation of false conclusions.
If you just simply go to Court and plead guilty without reviewing the evidence against you or without properly evaluating your case, you or your Attorney could be making a terrible mistake that you may regret later.
It is essential to study all of the evidence and put each piece of evidence to the test to weaken the prosecutor’s case as much as possible
. Best 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 charged with a drunk driving or drug driving charge.
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