Successful Representation of Drunk Driving, Criminal, and Civil Matters
Throughout Michigan
Your Best Defense of a Drunk Driving Charge
Even if you end up convicted of a drinking and driving conviction
- Having an expert in both the law and the science of drinking and driving to present your best possible case.
- Having an attorney who is an officer of the Court to help you in scheduling court appearances, counseling, etc.
- Having someone speak for you at sentencing is more persuasive than speaking for yourself.
- To have peace of mind that you didn't pass up an opportunity to avoid a drinking and driving record or to avoid having a more serious conviction.
- Drunk driving in Michigan is punishable by jail time, so it is very unlikely that a judge will allow you to represent yourself for your pending OWI case. If you wanted to represent yourself, you would need to know both the law as well as the science of drinking and driving.
- Michigan's drunk driving laws are constantly becoming more and more complex. With the significant changes to Michigan's OWI laws in 1999 and 2003, OWI cases have become increasingly difficult to defend, requiring even more expertise, and the penalties have become more severe as well.
Research the lawyer's background in drunk driving defense and choose:
- A lawyer who concentrates his practice in defending Drunk Driving (OWI) cases.
- A lawyer familiar with police procedures and the assumptions the police rely upon in prosecuting OUI cases.
- A lawyer who has ample jury trial experience with drunk driving cases, and will not hesitate to take appropriate cases all the way to trial.
- A lawyer who provides you with a clear and detailed schedule of fees and expenses for which you will be responsible.
- A lawyer who doesn't promise you results to get you to hire him or her. It is a violation of the rules of ethics to promise a successful result in a criminal case as a condition of the fee.
Fees: The range of fees is huge. A general lawyer in a small community may charge only $500 - $1,000; a DUI specialist with a national reputation may charge up to $15,000 or more, depending on the situation. In addition, the fee may vary by other factors such as whether the offense is a misdemeanor or felony, first or subsequent offense, if there were injuries, etc. Discuss fees with the lawyer before you commit yourself.
Defending a Drunk Driving (or any other) charge may be expensive, difficult, and involve some risks, but the alternative is much worse.
Do Not Assume That There is No Defense to Your Case: An experienced lawyer can find ways to lessen or dismiss your charges that you may not be aware exist.
Ask Your Lawyer Questions: The courts handle Drunk Driving cases differently from other criminal offenses. Be sure you understand what is going on, and what you need to do to help your lawyer present your best defense.
Follow Your Lawyers Advice: Cooperation is important. You are paying for the guidance of a trained professional. Don't throw away your money and maybe your future.
Give Your Lawyer Truthful and Accurate Information: Your lawyer can't do the best job for you if he doesn't know the bad as well as the good, and he won't be able to properly advise you. Missing facts can come back to haunt you at the worst possible time. Remember that your attorney-client relationship is privileged
Don't Drink and Drive ! It may be too late now, but prevention is always better then dealing with the consequences. Check the BAC calculators to understand how much alcohol is illegal when driving. Take a cab, have a designated driver, or stay over, but don't drive impaired.
Be courteous and cooperative with Law Enforcement Officers: If you are stopped for investigation of drunk driving, always be courteous and cooperative with the officer even if you are clean of any type of alcohol or drugs, or if you are certain that your driving was not unusual. As upsetting
and as stressful as being arrested is, it is essential that you act courteously and cooperatively with all law officers. Do not argue, threaten or become belligerent in any way, as this type of behavior will only make the experience more unpleasant and potentially more expensive for you.
Think twice before volunteering for the Field Sobriety Tests:
A police officer may ask you to get out of the car and perform a series of
Field Sobriety Tests. You are not legally required to take any of these tests, and they are difficult for even a completely sober person to pass. But a polite refusal could still result in your arrest since the officer already has a suspicion of impaired driving. If do
decide to cooperate and you suffer from any chronic physical problems, such as difficulty with your balance, problems walking, or with your legs or feet, it is very important that you inform the officer of these problems before you go through the tests.
Make a smart choice between blood alcohol tests: You do not have the right to refuse to take any blood alcohol test. But you may have a choice of which type of test to take. The only time your ability to choose which test you take can legally be
restricted is if you are in a locality that simply does not have a breathalyzer. The officer is required to tell you that the option as to which test you take is up to you. Whichever test you take must be given to you within 3 hours of when you were driving.
- The Blood Test is the most effective test for the prosecution to use against a person in court. The police and prosecution will always prefer to have the more accurate sample of your actual blood to use against you as evidence in court. Legally, the officer could restrain you and forcibly draw a blood sample. In practice this rarely happens except where an accident is
involved which caused death or serious bodily injury. The blood test will also show the presence of drugs as well as alcohol. If you are confident that you are sober, a blood sample is the best choice.
- The Breath Test requires calibrated equipment for accurate results, but police departments do not always keep them properly maintained or use the proper procedures to maintain the necessary accuracy. A breath test may show an inaccurately high
reading against you if you take the breath test shortly after your last drink, or if you have used any kind of breath spray, mouthwash or even should you burp shortly before the test. The breath test can only determine alcohol content and nothing about other drugs.
- The least accurate and least reliable is a Urine Test. This test is rarely used in Michigan.
- Don't speak to the police, prosecutor, or assistant district attorney about your case at your arraignment.
- You should meet with an experienced and qualified criminal defense lawyer as soon as possible after your arrest or arraignment.
- Make a list of friends and acquaintances you were with prior to being arrested. It is important to identify as many potential witnesses as soon as possible, before memories begin to fade.
- Be organized. There are a lot of things taking place commencing with your arrest for OUI. You will be required to attend meetings with your lawyer, meetings with witnesses, dealing with license suspensions and preparing for court dates. Being disorganized and unprepared will greatly diminish your ability to assist your lawyer in preparing a defense of your case.
- As with any criminal case, early intervention into your matter helps to preserve evidence that may be favorable in your behalf and can mitigate some of the prosecutor's efforts to secure evidence to convict you.
Document the arrest details. As soon as possible after your arrest, while everything is still fresh in your mind, you should make a detailed list of all the circumstances of your arrest and the events leading up to that arrest, such as:
- Witnesses List - Their names, addresses, phone numbers.
- Chronology - List all of the events of the whole day.
- Map - Direction and route traveled to point of arrest.
- Vehicle Issues - Defects or problems with your motor vehicle.
- Medical Issues - Condition that might have affected you on the date of arrest.
- Receipts - Document all food and beverage consumed.
- Photographs - Pictures of any relevant items and scenes.
If you are attending a criminal Court in Michigan you should come early. That means allowing yourself extra time for bad weather, traffic, finding the Courthouse, finding parked, getting through security checks, and finding the right courtroom. Also you will need to speak to your lawyer, an hour, or
half an hour, or 15 minutes before the Court is scheduled to start. If your attorney doesn't submit your name early to the prosecutor or clerk, you won't be called early. You'll sit for hours in a busy Court when you might have been called first or second.
If you don't appear in Court on time, the Judge may issue a warrant for your arrest and if you are the accused you may be charged with another offence. On late arrival you may be arrested and held.
When you appear in Court in Michigan you should be well groomed and dress in good quality clothing, what you would wear to a job interview, a wedding, or to church. This is important to show respect for the Court. Whether you feel respect or not, you will not get prosecutors and Judges to exercise discretion in your favor if you do not dress to their standards.
Do not chew gum, wear a hat, or a T shirt with any anti-social slogan, in a Courtroom. Do not allow your cell phone, pager, or portable music player, to be turned on in the Courtroom, it's better to leave them locked in your car.
Always address the Judge as "Your Honor". Speak clearly, shortly, and with respect. Only speak up when your are addressed, and keep your responses short and to the point. The courts are busy and won't appreciate time wasted on rambling, flimsy excuses, or bullshit.
Be prepared. Talk to your lawyer and know what is going to happen during your Court appearance and what you need to do. Have any necessary documents that may be needed. This will provide your with more peace of mind in a stressful situation and prevent wasting time or irritating the officers of the Court.
Possible defenses in drunk driving cases
- Acquittal by Judge or Jury.
- Dismissal by the prosecutor, or a city or township attorney.
- A plea bargain to a reduced offense.
- Driving: Intoxication is not enough: the prosecution must also prove that the defendant was driving.
- Probable cause: Evidence will be suppressed if the officer did not have legal cause to, stop, detain, or arrest.
- Miranda: Incriminating statements may be suppressed if warnings were not given at the appropriate time.
- Implied consent warnings: If the officer did not advise you of the consequences of refusing to take a chemical test, or gave it incorrectly.
- Under the influence: The officer's observations and opinions as to intoxication can be questioned - the circumstances under which the field sobriety tests were given, for example, or the subjective nature of what the officer considers as "failing". Witnesses can testify that you appeared to be sober.
- Blood-alcohol concentration: There exists a wide range of potential problems with blood, breath or urine testing. Defects in analysis can be brought out in cross-examination of the state's expert witness, and/or the defense can hire its own forensic chemist.
- Testing Timing: The tests can be unreliable if done while you are still actively absorbing alcohol (it takes 30 minutes to three hours to complete absorption; this can be delayed if food is present in the stomach). And relating back the BAC in time from the test to the driving.
- Regulation of blood-alcohol testing: The prosecution must prove that the blood, breath or urine test complied with state requirements as to calibration, maintenance, etc.