Lowering, Reducing, or Getting DUI Charges Dropped in Michigan
Like other states, Michigan has strict laws with regards to drinking and driving, including serious punishments and criminal penalties for drivers caught intoxicated and behind the steering wheel of an operating vehicle (http://dui.drivinglaws.org/michigan.php). However, there are ways to reduce or get DUI charges dropped if the correct arguments are made and proven in court.
Does Speeding Equal Drunk?
Traffic officers frequently take the approach that if a driver is breaking one type of traffic law, he usually can be charged with at least three others as well. As a result, if a driver is speeding in the evening or at night, that’s likely a good sign of impaired judgment, so a DUI test should be applied as well.
However, there has never been a direct linkage between speeding an automatic presence of driving under the influence. An attorney can find this sort of weakness if the officer testifies in court that his first indication of an issue was speeding rather than erratic driving or some other more tell-tale behavior. If it turns out the only probable cause was speeding and nothing else to support the DUI citation, then the case will likely be thrown out.
Bad Driving, Must be Drunk
The other common driving behavior that officers like to use is the swerving driver. The car was all over the lane and road, not staying within lane markers. Therefore, the driver’s judgment must be impaired. Again, this isn’t always true and signals a traffic officer’s assumptions which can be a prosecution weakness.
Similar to speeding, if the only indication was the bad driving and no proof of intoxication otherwise exists, an attorney can take apart the basis of the charge and prove there’s no foundation to the claim. For example, what if turns out the driver simply forgot his glasses and had a hard time seeing detail at dusk? Does that mean he’s automatically drunk? No, of course not. But if charged and not challenged, then the DUI will stick on the driver’s record, regardless.
A number of other common defenses exist that can help defeat or reduce a DUI charge in Michigan. These include:
- Sobriety testing – the standard sobriety test on the side of the road is a subjective evaluation by a officer. While many courts now treat a law enforcement officer as an expert witness, he’s still human and makes mistakes. Attorneys can find that weakness in a cross-examination.
- Chemical testing accuracy – where chemicals were used for find an alcohol level, the findings can be skewed by inappropriate or incorrect application of the chemical testing procedures. Again, if mistakes are found, the evidence showing proof of a DUI can be thrown out.
- Probable cause missing – a law enforcement officer needs to have probable cause to pull a person over for a DUI. If it turns out the basis of probable cause is not valid, as proven in court, the case can be dismissed.
- Rising blood alcohol level – People’s blood alcohol levels go up and down over time. Where a person may have had a higher level when chemically tested, it may have risen since the time the person was actually behind a wheel. While not the strongest argument since it has to admit the driver was drinking, the argument can help lower a charge if it turns out the person’s level was indeed below the drunk threshold of measurement.
Hire Good Representation for Results
Obtaining the right legal representation as soon as possible is critical for the best possible results in a DUI case. Time is the enemy and critical details get lost the longer one gets away from the event before hiring an attorney. There are a number of potential weaknesses available as defenses in a Michigan case, and a good Michigan defense attorney can find the details as soon as possible.
So don’t wait if you find yourself in a DUI charge. Getting DUI charges dropped in Michigan takes an experienced attorney who is willing to fight for your rights. Contact Rudoi Law today at (248) 935-9074 to put a fighter on your side.