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Many believe a DUI charge always results in harsh penalties such as fines, license suspension, or jail time, but that’s not necessarily guaranteed. While DUI penalties in Michigan can be severe, an arrest doesn’t mean automatic guilt. With the right, aggressive DUI defense lawyer, parts of the case can be challenged, potentially leading to reduced charges, dismissal, or acquittal.
Understanding and attacking DUI charges in Michigan
In Michigan, DUI (Driving Under the Influence) charges often stem from allegations of operating a vehicle while impaired by alcohol or drugs. If the police suspect that a driver is intoxicated, they will typically conduct field sobriety tests, breathalyzer tests, or blood tests to assess the driver’s blood alcohol concentration (BAC). In Michigan, a BAC of 0.08 or higher for adults, 0.04 for commercial drivers, or any amount for drivers under 21 can result in DUI charges.
There are many ways to fight and possibly beat DUI charges in Michigan, including:
Challenging the traffic stop
A key defense strategy is challenging the legality of the traffic stop. In Michigan, police need “reasonable suspicion” to pull over a driver, such as erratic driving, broken tail lights, or speeding. If the stop lacked proper cause, DUI charges could potentially be dismissed. If the court finds the stop illegal, evidence like sobriety and chemical tests may be excluded, potentially forcing prosecutors to drop or reduce the charges.
Questioning sobriety tests
Sobriety tests like the walk-and-turn, one-leg stand, or horizontal gaze nystagmus are used to assess impairment, but they can be unreliable. Factors like a person’s physical condition, medical issues, or weather can affect results. A defense attorney may argue that the tests were improperly administered or influenced by external factors, raising doubts about their accuracy and the officer’s procedures.
Challenging chemical test results
Challenging chemical test results is crucial in DUI cases, as breathalyzer and blood tests are not foolproof. A skilled defense lawyer will examine the test administration for inaccuracies or errors. Breathalyzers must be properly calibrated and maintained, and if they malfunction or the officer lacks certification, the results may be invalid. Similarly, blood tests can be flawed due to improper collection, storage, or processing, making them unreliable.
Exploring plea bargains
Exploring plea bargains can be an effective strategy, often leading to reduced charges like reckless or impaired driving, which carry lighter penalties than a full DUI conviction. Though not an acquittal, it helps lessen the impact of a DUI charge. A skilled defense lawyer may negotiate reduced charges, especially if evidence is weak or procedural errors occurred during the arrest.
Questioning prior convictions
In cases where an individual has prior DUI convictions, enhanced penalties may apply. However, not all previous convictions are automatically valid in subsequent cases. If a defense attorney can demonstrate that a prior conviction was based on improper procedures or was obtained without the individual having adequate legal representation, they may be able to prevent it from influencing the current case.
Michigan’s Sobriety Court option
Michigan’s Sobriety Court allows eligible DUI defendants to avoid jail through intensive rehabilitation, including court appearances, treatment, and monitoring. While it offers a chance to address addiction and avoid incarceration, it requires a significant time commitment and is not available or suitable for everyone.
Contact a Michigan DUI defense attorney today
Beating DUI charges in Michigan is not an impossible task, but it requires a deep understanding of the law, attention to detail, and aggressive legal representation. By challenging the legality of the traffic stop, questioning the validity of sobriety and chemical tests, exploring plea bargains, or seeking alternative court, a skilled DUI defense attorney can fight to protect the rights of those facing drunk driving charges and work toward the best possible outcome.
When faced with DUI charges in Michigan, it’s essential to work with an experienced attorney who understands the complexities of the law and will fight tirelessly on your behalf. If you were charged with DUI in Michigan, contact Manley & Manley for a free case evaluation. With the right strategy, it is possible to reduce the impact of a DUI charge and protect your future.