|
Drunk Driving Expert Center
If you've been arrested for operating while intoxicated, you should seek legal advice at once. There are numerous factors that can work in your favor and result in a dismissal the charges against you however the exploration of these defenses takes time. Don’t wait until the last minute to secure legal counsel.
You need an analysis of what investigation the arresting officer performed to determine whether you were under the influence or impaired from drinking alcohol. Your performance on field sobriety tests, the preliminary breath test (PBT), must be reviewed and police videos and reports must be obtained.
The burden of proof is on the government, meaning the arresting officer and the prosecution. Every element of the charges must be proven, which includes to proper administration of sobriety tests, chemical tests, probable cause and search and seizure protocols and following other Michigan laws.
For the OWI charge, the prosecution must establish that (1) the defendant was operating a motor vehicle on a highway, another place open to the general public or generally accessible to motor vehicles, or a parking area; (2) he or she did so while under the influence of alcohol, controlled substances, or a combination of these; (3) as a result of the drinking, he or she was substantially deprived of normal control or clarity of mind; and (4) he or she was unable to drive normally.
Additionally, it must be evaluated whether the officer read you your Miranda rights, whether you had the opportunity to consult your attorney or were offered a blood test, had probable cause for stopping you, properly judged your level of intoxication and mental impairment, complied with the Implied Consent laws, and properly accounted for other symptoms for intoxication. The field sobriety tests (including the preliminary breath test, the PBT) must be analyzed to ensure that there were no testing errors or inaccuracies, that the tests were properly administered and reliable, and that the machines were functioning properly. Heartburn can give a falsely high reading, mouth alcohol from other sources can also affect test results, the machines can read other chemicals, a low-carb diet can fool the machine, your blood alcohol level may still be rising, there may be individual variations in your ratio of blood to breath, breathing techniques and temperature can affect test results and test results may be contaminated. If the police failed to follow regulations, acted with improper behavior or failed to observe you for the necessary period prior to testing, you may be able to dismiss your case.
Our firm handles all alcohol and drug related offenses including reckless driving, child endangerment, zero tolerance driving while license suspended/revoked/denied, felonious driving, open intoxicants, minor in possession and people with prior out-of-state convictions and prior convictions and enhancements.
Many of our clients have asked, “What happens to my license?” Assuming that a driver is otherwise eligible for a license, a person convicted of operating while intoxicated (OWI) or operating a vehicle with any amount of controlled substance in the body will have his or her license suspended for 180 days, with a restricted license available for all or a specified portion of this suspension except for the first 30 days. MCL 257.319(8)(a). A person convicted of operating while visibly impaired (OWVI) will have his or her license suspended for 90 days, with a restricted license available for all or a specified portion of this suspension, MCL 257.319(8)(b).
For a person convicted of operating a vehicle while impaired due to the consumption of a controlled substance (or a combination of intoxicating liquor and a controlled substance), the secretary of state must suspend the person’s license for 180 days, with a restricted license available for all or a portion of this time. MCL 257.319(8)(b).
A person convicted of child endangerment under MCL 257.625(7) must have his or her license suspended for 180 days. No restricted license is available until after the first 90 days of suspension. MCL 257.319(8)(e).
Violations of the public health code’s controlled substance provisions, MCL 333.7401 et seq., will also result in driver’s license sanctions. If the offender does not have a prior conviction within 7 years of the date of the violation, the court must order the secretary of state to suspend that person’s driver’s license for six months. The court may order a restricted license if certain conditions are met; however, the court may not order a restricted license for the first 30 days of the suspension. MCL 333.7408a(1)(a); see also MCL 769.1e.
A reckless driving conviction under MCL 257.626 will cause the secretary of state to issue a 90-day suspension once an abstract of conviction from the district court has been received. MCL 257.319(3)(b). Circuit courts have no jurisdiction to grant a restricted license during the 90-day suspension. MCL 257.323(3). Nevertheless, a reckless driving conviction with an unappealable 90-day suspension would still seem preferable to having a drinking offense on one’s record.
Careless driving is a three-point civil infraction with no license suspension.
It is important to note that all of the above actions are issued by the secretary of state and not by the presiding judge in a pending criminal matter.
Shortcuts to Expert Centers:
Criminal Law
Controlled Substances & Marijuana Center
Felony Center
Probation Violation Center
Criminal Due Processes & Civil Rights Center
|
Contact Us
Printer Friendly
E-mail This Page