Top Defenses for a DUI Charge

DUI CHARGES BRIEFLY EXPLAINED

DUI is an acronym for “driving under the influence.” Less commonly known is the fact that the charge of “DUI” doesn’t exactly exist in Michigan law. In the state of Michigan, drunk driving charges are called “OWI” or “operating while intoxicated.” The term DUI became popular as it is commonly used in television and movies due to the laws in California naming the charge “driving under the influence.” While OWI is technically the correct term for a drunk driving charge in Michigan, you will routinely find DUI and OWI used interchangeably, both on this website and many others. The crimes are essentially the same, as it is against the law to operate a vehicle while under the influence of alcohol or drugs. In Michigan, the legal limit to operate a vehicle is .08 BAC. If you are found to have a BAC of .08 or higher, then you will likely be facing criminal charges. If you are facing a drunk driving charge, then it is important that you speak to an experienced criminal defense attorney as soon as possible.

POTENTIAL DEFENSES

If an individual is charged with a drinking and driving offense such as operating while intoxicated in Michigan, then he or she potentially has a few different defenses that might be applicable. The top potential defenses to a drunk driving charge include:

• INACCURATE BLOOD ALCOHOL TEST RESULTS – Inaccurate BAC results can occur from the improper use or maintenance of the police department’s breathalyzer machine. If the machine is not routinely calibrated and used correctly, then it can give inaccurate results. This can result in a case dismissal.

• ILLEGAL STOP OF THE VEHICLE – Police have to have legal justification when pulling a car over on the road. The driver must either commit a crime in their presence or must exhibit driving that makes it appear that the driver is under the influence of drugs or alcohol. If the stop of the vehicle was not legally justified, then any evidence obtained after can be suppressed from the case, resulting in a case dismissal.

• INCORRECTLY ADMINISTERED FIELD SOBRIETY TESTS – Field sobriety tests are given by the police in an effort to investigate the potential of a driver being under the influence of alcohol or drugs. These tests are expected to be administered in a specific way to help ensure accuracy and validity.

• THE DEFENDANT WAS NOT OPERATING THE VEHICLE – To be properly charged with an OWI case, an individual must have been operating the vehicle. The term “operating” is a wide term that can include simply having the keys in the ignition, but not driving anywhere or having the car on. But if the accused was a passenger or otherwise not in control of the vehicle, then this can serve as a defense to drunk driving.

Each drunk driving case has its own unique facts and circumstances. Some or all of the defenses listed above may be available to defend your case if you are charged.

HOW AN EXPERIENCED ATTORNEY CAN HELP

An experienced attorney can help evaluate your case’s strengths and weaknesses to decide the best way to approach the defense of your case. Since most drunk driving cases usually only involve a police officer as the only witness, a thorough evaluation of the series of events is critical to properly formulating a defense approach. Most OWI cases include video evidence from the patrol car showing how the stop took place, along with any discussion or contact with the police officer. Each step the officer took during an OWI investigation can be examined and questioned. If the blood alcohol results appear incorrect because of a breathalyzer issue, then an attorney can help you connect with an experienced expert witness who can assist in demonstrating the problems to a judge and/or jury. If you have legal questions, then call us at Zeineh Law so we can help!

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

If you are facing a drunk driving charge, then it is important to speak to an experienced criminal defense attorney immediately. At Zeineh Law, we are proud to offer FREE consultations to all prospective clients. If you are in the process of choosing your attorney or are looking for an honest assessment of your legal situation, then our attorneys are available to help you now. Feel free to contact us anytime at (517) 292-7000 or online. Our advice is free, and our conversations will always be protected by the attorney-client privilege. Make your first choice towards freedom with a consultation with an experienced criminal defense attorney at Zeineh Law today.