Michigan Drunk Driving Defenses

Michigan Drunk Driving Defenses
Being arrested for drunk driving is a scary time for any driver, but with the state’s stiff DUI penalties, it is an especially terrifying scenario for Michigan drivers. Fortunately, being arrested for drinking and driving does not necessarily mean that you will be convicted of the offense in court. In fact, with a strong defense strategy, many drivers are able to reduce their charges or even get their case dismissed altogether. As founder of one of the most successful DUI defense firms in the state, attorney Patrick Barone is well-versed in the best Michigan drunk driving defenses, and he can use this knowledge to represent you and improve your chances of obtaining a positive resolution for your case.

One of the most common grounds for challenging a DUI arrest is insufficient probable cause. As specified by the United States Constitution, law enforcement officers must have a justified reason to detain an individual and/or arrest him or her for a crime. What does this mean to you? Well, first and foremost, if the officer did not have a reason to pull you over initially (such as running a red light or speeding, for example), you may have been stopped illegally.

Secondly, even if there was a reason for the office to stop you, he or she must then have another reason to suspect you of driving under the influence—like smelling alcohol on your breath or noticing an open container of alcohol in your vehicle, for example. If the officer cannot meet both of these probable cause requires, the charges against you are likely to be dismissed once your case is heard in court.

Another possible defense tactic involves questioning the validity of your chemical test results. If the officer administered a breath, blood, or urine test in order to determine your blood alcohol content (BAC), the prosecution must prove that he or she was properly trained to perform the test and that the device was properly maintained. Otherwise, your BAC may have been calculated incorrectly—and that means your test results are unreliable and should not be used as evidence against you.

Likewise, if any field sobriety tests were administered, the officer must prove that he or she received adequate training as a test administrator. Field sobriety test results can also be challenged if the testing environment was less than ideal at the time the test was given—in inadequate lighting, on a wet surface, or while wearing uncomfortable shoes, for example.

To learn which defense strategy is best for your case, contact the Barone Defense Firm immediately after your arrest. In many cases, Mr. Barone and his team can prevent some of the most damaging evidence from being used against you in court and help you avoid the life-altering consequences of a DUI conviction. Call today to learn more.