Being arrested and charged for a DUI is a very serious matter. A DUI can bring the loss of your license, loss of employment, the loss of your car, and the loss of your liberty.
Approximately 50,000 Michigan motorists are arrested annually for alcohol/drug related traffic offenses. In 2003 Michigan changed its Blood-Alcohol Content standard to .08, joining a growing trend among states to lower the permissible blood-alcohol level.
The usual scenario involves being pulled over by a police officer, the officer observing something about your conduct and asking you to undergo a sobriety test.
The most common sobriety tests include reciting the alphabet, counting backwards, walking forward and backward placing one foot directly before the other foot, touching the nose with the tip of your index finger while keeping your eyes closed, and balancing on one foot.
The officer makes a determination whether in his opinion you are too impaired to safely drive and may arrest you with a charge of Operating While Visibly Impaired.
If a police officer has a preliminary breath test (PBT) instrument available then he will give it to you after the field test. Refusing a PBT test makes one responsible for a civil infraction (MCL 257.625a(2)(d)). Therefore in most cases you should not refuse a PBT test as the penalty for refusing to do so might be worse than what our attorneys can get you even if you are charged with a DUI.
The refusal of a PBT test carries with it an automatic suspension of your driver’s license.
Often times the police record the entire stop and investigation with the cameras mounted in their police car. If they make a recording we can subpoena the tape if we find it will be helpful in your case.
As your Legal Representatives we will take control of the investigation process and collect any evidence necessary to get you the best possible outcome. The investigation process may include the subpoena of police documents, background checks of police officers, interviews of witnesses and anything else that might be helpful.
We will then compile our findings and convert it into a format most suitable for presentation to the prosecutor. In most cases a very favorable settlement can be achieved in this manner, but if you are not comfortable with the prosecutor’s offer, we are willing and able to take your case to trial. However, in most cases we are able to negotiate a favorable agreement that you will be satisfied with.
The University of Oklahoma provides an online Blood Alcohol Content Calculator, which can give you a rough idea of how alcohol could impact your performance in a sobriety test, administered by a police officer.
It is important to remember that even if your blood alcohol level is within State allowable limits, the police can still claim that in their opinion you are too impaired to drive, and arrest you for Operating While Visibly Impaired.