Michigan DUI laws you need to know to defend yourself
If you are charged with a Michigan driving under the influence (DUI) offense, you are strongly advised to consult with experienced DUI attorneys in Michigan. People commonly believe that if a person gets arrested for drunk driving, he/she will be convicted. However, a number of defense strategies can be applied on the accused person’s behalf in order to evade severe punishments. If you are arrested and charged with driving under the influence, it will be helpful for you to familiarize yourself with Michigan DUI laws. The punishments for drunk driving are stern, but professional legal representation can reduce the punishment. In Michigan, DUI violations can be of two types: common law and statutory.
Common law violation
Being charged with a common law DUI violation connotes that your capability of driving was harmfully influenced by the consumption of alcohol or other substances. This type of charge depends on observational evidences such as your behavior while you were arrested, your driving patterns, and a witness’s testimony. The arresting officer becomes witness in most of the cases. To defend you in such cases, your Bloomfield Hills DUI lawyer may ascribe your activities and appearance to other reasons even if the officer testifies that you were under the influence. For instance, if the officer asserts that your speech was slurred and eyes were bloodshot, your DUI attorney may argue that causes of such intoxicated appearance were due to your allergies and fatigue.
Being charged with a statutory or “per se” violation implies that your blood alcohol content was greater than the officially permitted limit. In Michigan, the legal blood alcohol content (BAC) limit for drivers above the age of twenty one is .08%, and for minors it is .02%. If a person is found to be at or above this BAC, he/she may be arrested and charged with drunk driving. To find out BAC of a driver, the officer may request a blood, urine or breath test. However, these tests may not be always perfect. A trained Detroit DUI defense attorney can evaluate your test results to find out whether there was any distortion in the administration of the tests or if they were deceitfully inflated.
Breath tests are well-known for a number of difficulties. Imperfect training of the officer, mouthwash and medical conditions of the accused may often have an effect on the results. Your Howell MI DUI attorney can examine the breath test to verify whether the results were correct. In addition to BAC test results, the prosecution may ask the arresting officer to testify against you. The officer may explain your appearance, behavior, driving, and field sobriety tests to guide the jury to accept as true that you were under the influence at the time of driving.
The punishments for violating Michigan DUI laws include loss of driving privileges, community service, fines and jail time. Besides these punishments, Michigan DUI offenders may encounter increased auto insurance costs. A first-time offender may be sentenced to large fines, 360 hours of community service and up to 93 days in jail. Second-time offenders can be sentenced to up to a year in jail as well as further fines.
Contact Goldman & Associates for a Free Consultation
For your convenience, each Livonia DUI lawyer offers a free phone consultation. Contact us today by calling (248) 588-3333 or (877) 737-8800 toll-free. An experienced Novi DUI attorney is waiting to speak with you about your legal matters.
We proudly represent clients located in throughout the state of MI including but not limited to Oakland County, Wayne County, Macomb County, Brighton MI, Troy MI, Farmington Hills, Kent, Bloomfield Hills, Novi, Washtenaw County, Royal Oak, Kalamazoo, Southfield, Troy, West Bloomfield, Dearborn Heights, Detroit, Mount Clemens, Sterling Heights, Flint, Warren, Genesee, Isabella, Jackson, Grand Rapids,Lenawee, Livingston, Monroe, Muskegon and Lansing.