What you need to know about Operating While Intoxicated, DUI or Drunk Driving in Michigan
Gerald R. Stahl is passionate about helping people in Western Michigan that are arrested for Drunk Driving, DUI or OWI. When a person gets arrested for drunk driving is an unexpected and often traumatic experience. Most people arrested for Drunk Driving or Operating While Intoxicated (OWI) as it is called in Michigan, are law-abiding citizens that just made an error in judgment. The arrest can have long term implications if it is not properly defended. You do not want to tackle the legal system on your own.
What to do after arrested for OWI?
When arrested for OWI or DUI you need immediate advice from a criminal defense lawyer. This is important for several reasons. First, you need to know the law on Drunk Driving. It is imperative that you know the law in order to make an informed decision on how to proceed with your case. For instance, is it a case that should be plea bargained to a lesser offense? What are mitigating circumstances of your case? Did the police follow proper procedures in conducting the investigation? What license sanctions will I have if I am convicted?
What defenses might be available in my Drunken Driving Case?
In Michigan, and most states it is illegal to operate a motor vehicle with a BAC or Blood Alcohol content of .08 or higher. But, did you know that you cannot be pulled over in Michigan for any reason unless the officer has probable cause a civil or criminal violation has been committed. Thus, the initial question is did the arresting officer have probable cause to investigate the person charged? If you were asked to perform field sobriety test, were the tests done correctly? What if the field sobriety tests were unfair to the person charged because of a medical condition or other circumstance? Were any admissions made by the person arrested at the scene or later at the police station while under interrogation?
Super Drunk Driving Laws in Michigan
The Drunk Driving Laws are continually being changed or modified by the legislature. The changes always result in laws that are stricter. For instance, Michigan now has a Super Drunk Driving Law that applies to individuals that are arrested with BAC or Blood Alcohol Content of .17 or higher. Thus it makes it very important to challenge the result of the chemical tests where possible. The BAC result may come from the police department Data Master machine, a urine test or from a blood draw.
If you are charged with Super Drunk Driving the penalties are enhanced for first offenders. Those additional Super Drunk penalties include longer license sanctions, more possible jail time as well as additional counseling. Could the Super Drunk driving be reduced to a regular Drunk Driving or the lesser offense of Impaired Driving? Does your case merit a trial under the circumstances? The ultimate charge will determine the extent of your license suspension as well the period of time for which you can drive with restrictions. The license sanctions are enforced by the Secretary of State based on that conviction.
Yes, you need a Lawyer after a Drunk Driving arrest
You would be surprised at how much easier the process is with a lawyer. The lawyer will do everything from helping you work around your schedule to negotiating the best result possible in your case. You deserve an attorney on your side that understands your situation, your options, and can fight for that best result. And, at the same time guide you through the process with experience and confidence. Call Gerald R. Stahl today to schedule a confidential consultation today.