Drunk Driving (DUI) In Michigan
Almost every Michigan DUI charge starts with 3 questions:
1. Is the evidence against you legal (and not in violation of your legal rights)?
2. Will the Prosecutor’s evidence prove you guilty beyond a reasonable doubt?
3. Did the police follow the law and administrative rules or procedures?
In order for these questions to be answered, a good DUI Attorney should immediately gather and review police reports, police car and booking room video recordings, BAC data master logs, police dispatch audio recordings, blood viles (if blood was taken), BAC data master printout and/or other material evidence to prepare a strong DUI defense.
The results of a breath or blood test, the car ‘stop’ (ask why the police pulled you over) or the 15-minute observation period (administrative rule to ensure that the breath test at the police station is reliable and accurate) can be challenged through direct or cross examination of the police officer or State’s experts.
I. DUI TRAFFIC STOP
An analysis of the reason given by the police from the ‘start’ is critical when evaluating a DUI arrest in MI. In other words, the question to ask is whether the police officer’s observations of your driving gave rise to the ‘stop’ of your vehicle. Did you commit a civil infraction in the presence of the police officer or did the police officer observe ‘bad’ or ‘erratic’ driving? If you or your DUI attorney have evidence that the stop was bad, then it ought to be challenged in Court for an illegal stop under the 4th Amendment of the U.S. and Michigan Constitution. Often than not, most police officers claim that they observed weaving, swerving, speeding, made a wide turn or improper lane usage as the basis for pulling you over (the ‘stop”). These claims can be challenged though proper motions and requests for evidence hearings. Requesting videotapes of your arrest is very critical in a DUI arrest in Michigan. The police in-car videotape can be used to refute the officer’s observations and allegations when necessary. So too, the booking room video should be reviewed for errors by the police.
If after reviewing the videotapes and it shows that the police had no basis to pull you over and was based on a mere hunch, your DUI Attorney ought to consider requesting a suppression hearing and prove it to the Judge assigned to your case. Should the Judge find that the ‘stop’ was unconstitutional (not good), then it is likely that your DUI case will be dismissed as result of your constitutional right to be free from unreasonable searches and seizures under the 4th Amendment to the U.S. and Michigan Constitution) or the Judge may suppress the evidence used against you at trial. The evidence can be the breath test results or blood test results. Without theses results, the prosecutions case is weakened and you can expect a lower plea offer, unless you have a overzealous prosecutor.
Again, it is usually a good idea to review the evidence in advance before going to Court. If you simply go into Court and just take a plea without looking at the evidence against you or properly evaluating your DUI case, you or your lawyer can be making a terrible mistake; thus costing you in the end.
II. You Are Not Guilty Just Because You Were Arrested For Drunk Driving
Many people think that just because they had something to drink and because they were arrested for a drunk driving in Michigan, then they’re automatically guilty. Not True. If you’re 21 or older, it is not against the law to drink and drive so long as your BAC (blood alcohol content) is under the legal limit to drive (.08).
In some cases, the police may have formed incorrect opinions of your sobriety, violated the administrative rules and methods of testing your BAC (blood alcohol level) or illegally arrested you. A good DUI attorney can put each piece of evidence to the test and weaken the prosecutor’s case against you. Knowing how to defend a DUI arrest/charge involves considerable preparation, familiarity with the law and science of drunk driving, using effective legal strategies and knowing what motions to make and when. You need to hire a good DUI Lawyer who will defend you throughout the entire process and give you the best DUI defense possible.
In analyzing a drunk driving charge/arrest, it is not enough to review just the statute and amendments. Although a reading of the statute is necessary, it is somewhat difficult to understand without a contemporaneous review of the applicable jury instructions and relevant case law. By reviewing the jury instructions and relevant case law, a good DUI attorney can better understand the meaning of each element of the offenses and the significance of any fact in identifying a critical issue.
III. Basic Elements of Drunk Driving Law
In order to be convicted of drunk driving in MI, the government (Prosecutor/City Attorney) must prove each of the following elements “beyond a reasonable doubt:”
1. You were Operating a motor vehicle;
2. On a highway or other place open to the general public, or generally accessible to motor vehicles;
3. Venue; (example, the name of the County such as Macomb, Oakland, Wayne, Monroe, Washtenaw, Livingston, etc; as well as the City or Township, such as Troy, Warren, Detroit, Canton, Bloomfield, Novi, Waterford, Shelby, Sterling Heights, Royal Oak, Berkley, Southfield, White Lake, Romulus, Canton, etc.;
4. And, while under the influence of alcohol, and/or with an unlawful bodily alcohol level .08 grams or more.
Almost every DUI charge can be defended in some manner. This is not to say that all DUI defenses lead to a dismissal or even a substantial reduction in the charges, nor does it mean that every DUI charge can be fought and won. However, you ought to explore the opportunity to make an informed decision through the advice of an experienced DUI lawyer.
A DUI is not longer a minor offense, especially after October 31, 2010 with the passage of the ‘Super Drunk Law’. Therefore, it is essential for you to hire the Best DUI lawyer you can afford so your case is as strong as possible.
Contact Daniel Hajji & Associates Law Firm Hotline at (248) 782-8322 for a Free Consultation. Same Day Consultation.
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