Are you or is a loved one facing a DUI charge in Michigan?
When a person is charged with DUI or drunk driving, he or she may feel hopeless and believe there is no possibility of acquittal. However, there are legal solutions to defend a drunken driving charge successfully.
There is hope.
While every case is uniquely individual, and there is not a single all-encompassing defense, there are strategies that may help when defending against the DUI charge.
In every DUI case, there is a long list of components to the prosecution. Many of these can be successfully challenged by a competent and persistent DUI attorney working on your behalf.
Below are just a few aspects to any DUI case that are ripe for challenge.
5 strategies that offer hope when charged with a DUI are:
Were the Chemical Test Instruments Used Accurately?
Generally, chemical tests turn out to be reasonably accurate. There are frustrating situations when they are not. The courts do understand that technology is not infallible.
With that being said, what is much more likely to occur and to be able to be challenged is human error. Read on below.
Unlawful Blood Alcohol Cases
The timing of when your blood alcohol test was given could allow for the test to have less importance in the case.
It must be proven that your blood alcohol levels exceeded the legal limit while you were driving or operating the vehicle, and not after you were arrested.
In addition to this:
- The person administrating the test must be properly trained.
- That your blood sample must be properly maintained to prevent contamination.
If the legal procedure wasn’t followed in your case, we can work to have your samples thrown out.
The original reason the police officer pulled you over must be justifiable.
There are too many times when officers stop people because it is nighttime; they are coming from a bar or playing loud music.
The officer can’t use “gut instinct” as reasonable suspicion. He or she has to have seen you doing something that would lead to a reasonable suspicion that you were doing something illegal.
If you were driving normally, following the traffic rules and not swerving or otherwise causing suspicion, we may be able to prove you were pulled over unlawfully.
Did Police Improperly Communicate with You?
We often stress on this blog that police do not have to issue a Miranda warning if they aren’t arresting you.
That does not stop them from trying to communicate with you and get you to incriminate yourself or offer you an intimidating plea deal without the presence of your attorney.
The truth is, evidence found, or agreements entered without following proper protocol can be overturned.
Was the Field Sobriety Test Done Properly?
The officer’s decision on whether or not you failed your sobriety test can be challenged, especially if the officer was intimidating or disrespectful during the test.
Many of these tests become different under different circumstances, such as challenging footwear or bad weather. All of this will be reviewed and challenged if possible.
Facing a DUI Charge in Michigan?
In conclusion, simply being charged with a DUI does not mean a conviction. You do not have to walk into court and plead guilty. Here are just five of the many strategies that can be used to defend your case.
The David J. Kramer Law Firm, PLLC, is passionate about protecting your rights. We have had an enormous amount of success in defending our clients who have been charged. You should not face DUI charge alone.
Let’s start fighting for your future!