Macomb County Drunk Driving

Drunk Driving

The charge of driving under the influence of alcohol, or DUI, is taken quite seriously in Michigan. Unlike most criminal offenses, you will not be given the opportunity to speak with a lawyer before incriminating yourself. This is because, in the eyes of the law, by accepting a Michigan driver’s license and driving on Michigan roadways, you have “expressly consented” to submit to a chemical test of either your blood or breath.

You’ll be required to submit to a chemical test before you can talk with an attorney. Once you’ve submitted the test, you have provided the police with incriminating evidence against you. And if you refuse the test, you’ll have your license revoked for at least one year.

To make matters worse, courts have repeatedly created or upheld “DUI exceptions” to the Constitution, such as allowing police to question drivers without access to an attorney and waiving the requirement to read your Miranda rights.

These are just a few of the factors that make defending DUI cases difficult. If you’ve been charged with a DUI or a similar charge of OWVI (Operating While Visibly Impaired), contact the knowledgeable Michigan DUI attorneys at Aiello & Associates right away.

Your Legal Rights If Pulled Over for DUI

• You do not have to help the officers make a case against you.
• Anything you say (like admitting to drinking) and anything you do (such as how you handle your vehicle) can and will be used against you.
• Field Sobriety Tests are completely voluntary. You do not have to do these!
• You have the choice of breath, blood, or refusal.
• You do not have the right to speak with an attorney before choosing.
• Refusing a chemical test carries a mandatory minimum one-year revocation of your driving privileges.
• Blood tests can be re-tested. Breath tests cannot.
• Roadside breath tests or portable breath tests (PBTs) are voluntary. They cannot be used in court to prove guilt or innocence but can be used as evidence to support an arrest.
• If you refused the breath test after being arrested for DUI, you only have fourteen (14) days to request a hearing to protect your driving privileges and avoid an automatic one-year suspension of your driver’s license.

Michigan DUI & OWVI Defense

A DUI conviction, even for a first offense, can carry severe penalties. Choosing a highly qualified lawyer can make all the difference, and our attorneys have obtained outstanding results for our clients. There are numerous legal defenses and strategies for defending DUI charges; it is even possible to defeat an OWVI case.

Some think the deck is stacked against them in an OWVI case. However, there are a number of legal defenses, and it’s even possible to defeat a DUI case. Some of these defenses include:

1. No Probable Cause for the Stop – The easiest way to defeat a drunk driving case is if there was no probable cause for the initial stop. A police officer cannot stop you for no reason or just because it’s late at night; the officer must have probable cause for the stop. If there was an insufficient basis for a stop, everything that happened after the stop is inadmissible. Thus, if there was no valid stop, there is no valid case. A case involving an invalid stop will be dismissed altogether.
2. PBT Inadmissible – It must be noted that the PBT test given at your car must be followed by additional testing, or it is likely inadmissible at trial. Therefore, if that test was over a .08, but there is no subsequent test over .08, your case could be won at trial.
3. Your Chemical Test Rights Were Not Read – If the police officer fails to read you your chemical test rights, then the BAC (bodily alcohol content) result can be excluded from the evidence.
4. Machine was Faulty or Inaccurate – DataMaster machines are not foolproof, mistakes are made, and the machine does not always work properly, and this can be a possible defense in your case.

Need a Michigan DUI / Drunk Driving Lawyer?

Avoiding a conviction for drunk driving or impaired driving is tough, but at Aiello & Associates, we’ve helped many clients achieve just that. Give us a call to schedule a free consultation and get started on your defense.