Expert Advice When You Need It Most
How to Beat Your OWI, Drunk Driving, DWI, OIUL, or DUI OffenseWritten by: James Warren Amberg Reputation Level 8
Posted about 3 years ago. Applies to Michigan, 17 helpful votes, 2 comments
1
Constitutional IssuesPolice officers must follow the rules of the constitution when they conduct their investigations. If they do not, then any evidence they find after breaking the rules will be suppressed in court. There are volumes and volumes of legal cases that flesh out the details of how these constitutional issues work, but an experienced OWI defense attorney stays current on all developments of the law. Examples of constitutional issues include challenging the traffic stop or initial contact by the officer; challenging probable cause to ask for a preliminary breath test (PBT); probable cause to arrest for OWI; Miranda violations; and denial of due process. 2
Technical IssuesThese are arguments based on the police officer's failure to follow statutes and procedures. Michigan has a very thorough OWI statutory scheme, and officers must follow every step when they process someone for OWI or test refusal. Examples of technical issues include problems with the testing process; violation of right to an additional test; and errors in paperwork. These arguments are often instrumental in getting cases dismissed or reduced. Statutes also govern what most of your penalties will be, and there are minor details that can make a huge difference in how much jail time, if any, you will face and how the time will be served. 3
Drunk Driving Trial DefensesThere are many different approaches to a drunk driving OWI trial defense. An experience OWI attorney will closely scrutinize blood and breath tests to make sure that the police and other officials followed every proper procedural step. Additionally, the blood and breath testing equipment are not always accurate and each piece of equipment must be investigated for accuracy. Alcohol blood level also vary between people. Defenses such as a rising blood alcohol defense are key to winning these difficult cases. 4
Call a LawyerHaving an experienced drunk driving OWI DUI DWI attorney is vital to ensuring the protection of your rights. Additional ResourcesIf you live anywhere in the Michigan Peninsula, our firm is capable of handling your drunk driving case. Give me a call today to discuss your legal problem. As always, initial consultations are free.
Related Questions2 Attorney answers: 
Asked by a user in Wilmington, OH - over 2 years ago. 2 Attorney answers: 
Asked by a user in Yonkers, NY - 11 months ago. 4 Attorney answers:
Asked by a user in Detroit, MI - 5 months ago. Find Public Finance LawyersRelated Searches |