DUI Defense
Drunk driving has many acronyms….. OWI….. DUI…. DWI……OWVI…. OUIL…..OUID that follow different-related versions of Impaired Driving laws, ordinances or statutes. Michigan law 257.625 onward, and local ordinances passed under it, establishes the standards and rules for all forms of impaired driving, from any substance or conduct, and the procedures applied for enforcement, procedure and punishment. There are vast pitfalls for ignorant conduct in defending your impaired driving case. First, if you “refused” or did not agree to police request for chemical testing (whether a breath test, blood test or urine test) your Michigan license may automatically suspend for 1 year and your driving record assessed 6 points for the “refusal” if you do not file notice of contest of the “refusal” within fourteen (14) days of issuance of the “refusal”. Second, if you speak to the police or court about the circumstances, your statements can (and will) be used against you. So if you tell the arresting officer, booking officer, property officer, cell mate, magistrate, prosecutor or judge how many drinks you had, you can expect that person to be a trial witness against you if the chemical tests fail. Third, not understanding the necessary proofs of an impaired driving case are a pitfall. These cases are highly technical and require proof of violation and following proper procedure. You may lose on the first requirement, but win on the second requirement. Failure to properly test, follow lab conditions, improperly maintained testing equipment, violation of MCOLES approved testing procedures may result in the case against you being reduced or thrown out. For example, police must look in your mouth and personally observe you for fifteen continuous minutes before administering a breath test. Police must use an ALCO kit, with a non-alcohol needle, and administer it by a licensed health care professional, being a certified doctor, nurse or technician, before obtaining a blood sample admissible in court as evidence.
The longer you wait to call us after a DUI arrest, the greater chance you will lose a big advantage.
Legal representation for DUI cases is almost always mandatory, and you will either be required to hire an attorney of your own choosing, or the Court will appoint an attorney who they choose to represent you. Usually the Court appointed attorneys “mill” dozens of cases are underpaid, unprepared, and usually obtain standard or substandard results and are not paid or encouraged to challenge evidence or question decisions to appeal. While there are several fine appointed counsel, they are mixed with new, inexperienced, and indifferent attorneys who may not have trial or appellate experience. Hiring an experienced, well qualified, well versed attorney is the opposite experience, with these attorneys revered, feared and respected by the judges, police and prosecutors. Our law firm has over 24 years experience and has represented clients in all forms of representation, including trials, administrative hearings and appeals. We will be glad to discuss your DUI case with you and provide you with sound information, advice, and representation. Call us now