A DUI Arrest in Michigan is always an unexpected event in one’s life that always comes along with a lot of questions. We are here to help you and yourfamily through this difficult time, and will work tirelessly on your behalf to
obtain the best possible results. Although a DUI/OWI may seem like a rather cut and dry criminal offence, there are many points of attack we can use to exploit the weaknesses in the State’s case. Below is a brief list of strategies that can be used in DUI cases:
Probable Cause: A police officer must have specific and articulable facts to support any arrest for DUI. Did the police officer have a valid reason to stop your vehicle?
Reasonable Suspicion: Did the police officer have a reasonable suspicion that you were under the influence? Did the totality of the circumstances lead him to believe that you were under the influence?
Failure to Mirandize: Prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda Warnings.
Field Sobriety Test (FST): Were FSTs conducted and if so which particular tests? Were the tests performed according to the guidelines prescribed for each one? Were the tests performed in an appropriate setting?
Was the shoulder of the road level? Were the tests performed far enough form the road that you were not affected by the wind that develops in front of and behind a fast moving tractor trailer?
Blood Alcohol Level (BAL): Breath testing is subject to various inaccuracies. Many items contain forms of alcohol, which may cause false results, such as asthma spray, cough drops, paints, fingernail polish. Also, the prosecutor must prove the blood or breath alcohol at the time of driving. Recent consumption of alcohol just prior to driving will cause the test results to be higher than what the true level was when the person was operating the automobile. The manufactures of breath testing devices also have specific protocols, which must be followed for a breath result to be valid. Failure to follow these requirements will result in improper readings.
Booking Room Videos: Many police stations videotape suspects at the police station, where their speech is clear and their balance is perfect, in spite of police testimony to the contrary.
Expert Witnesses: Expert Witnesses are available to review the validity of breath tests, blood tests and field sobriety tests.