Michigan DUI Defenses

If you have recently been charged with DUI/OWI in Michigan, you may feel like there is no hope. Nothing could be further from the truth! An experienced DUI defense attorney can carefully investigate your case to determine which defenses may be used most effectively to vigorously defend you.

There are two separate components of the prosecutor’s case: the circumstantial or observational testimony of the police officer, and the evidence from the blood or breath test results.

While every DUI/OWI case is different, there are several general defenses that may apply based on the circumstances of your case. Below are some of the most common DUI defenses.

Improper stop is one of these defenses. One of the first things your attorney should do when investigating your case is to determine the basis of your traffic stop. If your attorney can show that the arresting officer did not have probable cause to pull you over and begin performing an investigation, your case may be dismissed. However, speeding, weaving, or other traffic violations may be a sufficient basis for a traffic stop.

Michigan law states that there must be probable cause for an arrest. If the police officer did not collect enough evidence during the investigation to prove that you were drunk driving, this can be used for your benefit. During a DUI stop, the officer will ask the driver to take a roadside breath test. If this test was not administered properly, this will impact the validity of your arrest.

The validity of your evidentiary breath or blood test may also be brought into question. The DataMaster, used by Michigan law enforcement agencies to determine blood alcohol concentration (BAC) is far from perfect. Attorney Patrick T. Barone has been certified to operate and perform diagnostic and calibration checks on the DataMaster by the manufacturer. Because of this training, he understands the flaws with the machine and can use this to your advantage.

There are many problems with improper procedures in regards to the field sobriety tests. If the instructions for these tests are not explained properly, or the test is administered in less-than-ideal circumstances, it can lead to a failing grade and an arrest. Your attorney will investigate your field sobriety test to see how accurate the results are. Attorney Barone has been certified as a standardized field sobriety test instructor by the NHTSA.

If you made self-incriminating comments before the police officer read your Miranda Rights, it is possible that they may be suppressed in court. You should discuss this with your attorney to see if it applies in your case.

To discuss the Michigan DUI defenses with an experienced attorney, contact the Law Offices of Patrick T. Barone today.