Beating a Michigan DUI Charge
You have no chance to beat a Michigan DUI charge unless your lawyer looks for a way out of it. That means examining all the evidence carefully. Drunk driving cases don't dismiss themselves, nor do prosecutors or Judges dismiss them, unless they have no other choice.
There's nothing brilliant or unique about this. Any lawyer who can so much as spell "DUI" should say and do nothing less.
The real key to success begins with a lawyer's mindset. Most attorneys will look over the evidence to see if there is anything faulty about it.
That's not Enough.
Instead of just "looking" at the evidence, a DUI lawyer needs to begin his or her examination assuming that there is some issue to be found, even if it's buried in the details.
You'll get much better results by presuming that you need keep digging to find something, rather than just hoping you do.
To get "out" of a drunk driving charge, you're going to have to force someone's hand. As Detroit-area DUI lawyers, that means we must search for and find something wrong with the evidence.
Moreover, no one, from the police officer that made the arrest, to the Judge or the prosecutor assigned to the case, cares how much you "can't have" a DUI on your record, or how disastrous it will be for you.The Traffic Stop and Alcohol Tests
Two of the best places to find problems with the evidence are the traffic stop and the breath or blood tests.
In order to successfully challenge a traffic stop, one has to know the law, and how local courts interpret it.
The first step is to obtain and review the police report and other relevant evidence, like the police car dash cam video.
Not surprisingly, every DUI case is written up in the police report to "justify" the arrest, so it’s our job to scrutinize everything beyond mere face value. Whatever else, you can be sure the officer isn’t going to say he or she pulled you over for no reason.
This makes it all the more important for me and my team to investigate thoroughly, and get a copy of that police in-car video to establish what really happened. Getting that video is standard practice in almost every DUI case we handle.Examining the Evidence
To challenge a breath or blood test, you have to know the underlying science, and how anything, like a health condition (hypoglycemia, for example), can affect the results.
In addition, being a Tri-County DUI attorneys means knowing how the many local Judges here, in Oakland, Macomb and Wayne Counties, interpret that science.
This is an important part of what separates local DUI lawyers, like us, from other lawyers who just "do" drinking and driving cases as part of a larger, more general practice, or who will take cases anywhere and all over the state.
I could write endlessly about what could, might, or should be, but anyone facing a DUI is far better served by focusing on how things are, in the real world, where your case will actually be handled.
When we discover something big enough to knock out a DUI, it's almost always because we looked hard, at every last bit of evidence. It is not normal for the police to make mistakes so catastrophic that it’s obvious even to the untrained eye that the case won’t stand up in court.
Instead, it takes a careful review of all of the facts and evidence to find anything (and often enough, just that one little thing) that can be used leverage your way out of a drunk driving charge.
Although most DUI cases do not get thrown out of court, we almost always find something, in every case, that can at least help get your charge reduced through plea bargain negotiations.
The real point here is that in order to have any chance of getting your drunk driving charge dismissed, we first have to look, and know what we're looking for. My team and I know the way around these issues because it's what we do all day, each and every day.
Even in cases where things might first appear cut-and-dried, or otherwise hopeless, there are all kinds of things that can be done to get a DUI charge (usually written up as "OWI" or "Operating While Intoxicated") dismissed, or at least substantially reduced.Making Things Better for You
The bottom line is that just as a sick patient looks to their doctor for help in getting better, so a DUI client looks to his or her attorney for help in making things better.
If you're facing a DUI, we will fight for you and protect you using all of the knowledge and the experience honed in our decades of practicing as local DUI lawyers, and will make sure that whatever the facts of your case, we produce the very best outcome possible.