Drunk Driving Defense
If have been arrested for OWI or OUIL, or DWVI you should seek the advice of an attorney immediately. There could be serious consequences even for fist time offenders. Once you have a drunk driving offense on your record it never goes off. If you get three (3) within a lifetime it is a felony drunk driving. Even a first offense involves license suspension, heavy fines, and possibly jail. A second offense is mandatory jail time and a lifetime license suspension. A third offense is a 1 to 5 year prison felony. Do not take a drunk driving charge lightly. It is a crime. A crime that you could pay high insurance rates for a very long time.
SOS - The new definition of drunk driving in Michigan .08 -- Lower Limit. Tougher Law.
Are there defenses? Yes.
Just because you have been charged with a drunk driving doesn't mean you are guilty. It only means that the police officer had probable cause for an arrest. The Attorney for the State of Michigan must prove every allegation & element of the crime.
There are a number of defenses in a drunk driving case, not every case is an automatic guilty, a keen aggressive attorney will do a full investigation to discover every possible angle.
Defenses to drunk driving include:
Improper stop— The Police must have a reason to stop you. Have you ever been driving down the road late at night only to be stopped by a police officer. He walks up to the window and ask you if you been drinking? You say no and he checks you out to find out you have not been drinking and let you go??? This is illegal. Under the law there is what is called a Terry stop. For the police to stop you there must be a reasonable articulate suspension that criminal activity is afoot. A police officer can not just stop you just because he thinks you are drinking. But, often as the case is you are stopped for driving at night. This eventually leads to a drunk driving arrest.
Improper arrest— The police may have done something illegal during the arrest. The Police must have a probable cause for the arrest. Often times there is not enough evidence to arrest you, but they arrest you anyway so they can get you down to the police station and give you a Data master or a blood draw. If the arrest is not proper then your case could get dismissed. Improper handling of chemical testing. Administrative rules govern how police officers take breath and blood samples. For instance, testing instruments must be properly maintained and calibrated. If the police did not follow these statutes and administrative rules, the test results can sometimes be thrown out. This strategy is unlikely to lead to a dismissal. However, it often improves a defendant's chances for victory at trial.
Improper procedure— Anything from administrative mistakes to dirty police work, to bad blood work to faulty Data Master the possibilities are endless. You are not guilty. Sometimes the police make a mistake and arrest an innocent person. About 10% of people arrested for OWI are actually innocent.
The defenses on a drunk driving case are endless. It takes a aggressive attorney to look under every stone. The Law Office of Doug Dern & Associates is a law firm that aggressively defends those accused of drunk driving. We defend people in Livingston County MI, Oakland County, Genesee County and Washtenaw County.
The quality of legal work you will get from The Law Office of Doug Dern will amaze you. I understand that getting a drunk driving can be a frightening experience. It can be a very confusing time of your life. You need someone that will keep you informed and fight for you. You need my drive, experience, & attitude in your corner. I am an affordable attorney and have a passion to defend drunk drivers because I believe that the police don't always do their job during a drunk driving arrest. I believe you deserve the best possible resolution. You owe it to yourself to Call me right now 810-632-9160. Shot me an email - I will respond today. Don't waste another second call me!!! 810-632-9160.
Fight Your Drunk Driving Call right now 810-632-9160