Michigan DUI Defenses

A DUI charge (technically called “Operating While Intoxicated,” or “OWI” for short) in Michigan can lead to serious penalties, but the right legal approach can help you avoid many of those potential consequences.

Michigan DUI defenses often involve challenging evidence, like the legality of the traffic stop, disputing breath or blood test results, or highlighting procedural errors. As genuine Michigan DUI lawyers, our team will carefully evaluate your case and develop a defense plan to fight your charges based on these and other strategies.

Inaccuracies in Blood Alcohol Content (BAC) Testing

DUI charges are a serious offense in Michigan. Around 40% of fatal crashes in Michigan involve a driver who was intoxicated at the time of the collision. One key area we examine when defending you from DUI accusations is the type of testing you underwent before your arrest.

Tens of thousands of Michiganders face driving under the influence (DUI) charges every year, and many of those arrests result from field sobriety preliminary (roadside) breath tests. Field sobriety tests can be subjective, and anyone who is asked to undergo the tests could fail for any number of reasons other than being intoxicated.

Factors such as uneven road surfaces, poor lighting, bad weather, or even nervousness can lead to false indicators of intoxication. The police are required to administer these tests according to specific guidelines, and any deviation from them can make the results unreliable, and therefore inadmissible.

Breathalyzer machines require regular calibration, and if improperly maintained, they may produce false readings. Following an arrest, a DUI attorney can check the police department’s log to see how often the breathalyzer was checked and calibrated.

Likewise, there are very specific protocols for handing and testing blood samples. Failure to follow these can also render the results inaccurate.

Improper Police Procedure

Police are required to follow very specific procedures during a DUI investigation and any arrest that follows. Whatever else, your rights cannot be trampled. If the arresting officer failed to adhere to protocols or violated your constitutional rights during their interactions with you, the evidence they collected can be challenged. It may be deemed inadmissible in court.

Demonstrating that evidence was mishandled evidence or that an arrest was improper could lead to your charges being dropped.

Probable cause always plays an important role in a DUI case. A law enforcement officer must have reasonable suspicion to pull you over. They cannot flag you down simply because you are heading back into the suburbs from Detroit, or were out late at night after leaving a nightclub somewhere in Wayne, Oakland or Macomb County.

Once the police have reasonable suspicion to pull you over, they then have to establish probable cause to place you under arrest and charge you with a DUI. The first step for us, as Greater Detroit area DUI attorneys, is to obtain and then carefully review all dash cam and body cam footage to determine whether your detention and arrest were lawful or not.

Medical Conditions That Can Affect Test Results

Michigan has over 7.2 million licensed drivers, and many of them have medical conditions that can make a person unable to “pass” a field sobriety test, or give rise to a false positive on a breath or blood test. Certain medical conditions and dietary factors can affect BAC readings and create symptoms that mimic intoxication. For example, diabetes and hypoglycemia can cause slurred speech, dizziness, and confusion, which officers may mistake for impairment.

Gastroesophageal reflux disease (GERD) can cause alcohol vapors from the stomach to alter breathalyzer results, leading to artificially high readings. Low-carb and high-protein diets, such as keto, produce ketones, which some breathalyzers may misinterpret as alcohol. These and other conditions can make test results unreliable, raising doubts about DUI charges.

If a medical issue affects physical coordination, speech, or chemical (breath or blood) test accuracy, it may provide a legitimate defense strategy. Any defense that relies on medical evidence will likely require us to coordinate with your doctor or someone who can explain how that condition can lead to signs of intoxication or inaccurate breath or blood test results.

FAQs

Schedule Your Michigan DUI Consultation Today

A DUI charge can create a sense of stress and uncertainty about your future. Facing a DUI charge can lead to unexpected challenges as your case moves forward. When you think you’re out of options, securing legal representation can swing the scales of justice back in your favor.

At Jeffrey Randa and Associates, we understand the pressure you are under. With decades of experience in DUI defense, our team is committed to providing personalized, effective legal support specifically tailored to your case.

First, we’ll gather and  carefully review all the evidence. We’ll leave no stone unturned to find any flaw with the charge(s), and then provide a clear explanation of why you were falsely charged with a DUI.

If the case against you is solid, we know exactly how to negotiate to get the best and most lenient result possible.

The goal in every DUI case is to avoid as many of the legal penalties and negative consequences as possible. Ultimately, success in a DUI case is best measured by what does NOT happen to you.

Reach out to our Greater Detroit office today to learn more about how we can help you navigate your DUI defense. My team and I are very friendly people who will be glad to answer your questions and explain how the DUI process works. All of our consultations are free, confidential, and done over the phone – right when you call.