Anyone who has been charged with a Michigan driving under the influence (DUI) offense is strongly urged to retain the counsel of an attorney experienced in this field of law. Although some people are under the mistaken belief that just because they have been arrested for drunk driving they will be convicted, several defense strategies can be used on your behalf in order to avoid harsh penalties.
Michigan has some of the most severe penalties for driving while intoxicated in the country. In fact, a first-time offender may be sentenced to up to 93 days in jail, 360 hours of community service, and large fines. Second offenders could even be sentenced to up to a year in jail as well as additional fines.
The legal blood alcohol content (BAC) limit for drivers over the age of 21 in Michigan is .08%--anyone who is found to be at or over this BAC can be arrested and charged with drunk driving. In order to determine a driver’s BAC, the officer may request a breath, blood, or urine test; however, these tests are not always accurate. A skilled DUI defense attorney will review your test results to determine if they were falsely inflated or if there was a problem with the administration of the tests.
In addition to using your BAC test results, the prosecution may call the arresting officer to the stand to testify against you. The officer may describe your behavior, appearance, driving, and field sobriety tests in order to lead the jury to believe that you were under the influence. However, many of the signs of intoxication may also indicate other issues or ailments. For example, the arresting officer may testify that your eyes were bloodshot when he or she pulled you over. Your DUI defense lawyer may argue that allergies, fatigue, or crying caused your eyes to become bloodshot.
Please note that if the officer asked you to take a BAC test and you refused, you only have 14 days from your arrest to request an administrative license hearing to retain your driving privileges. Failure to request a hearing during this time will lead to an automatic one- to two-year driver’s license suspension.
The Barone DUI Defense Firm is committed to helping Michigan citizens who have been accused of DUI. We offer a free initial consultation in order to review your case and inform you of your options. Contact us today to speak with an experienced DUI defense attorney.