HOW TO WIN YOUR MICHIGAN DUI CASE

by Justin Van Den Heuvel

A DUI charge in Michigan may not be as serious of a crime as other offenses (such as murder, kidnapping, or drug distribution), but a conviction for DUI can carry with it significant penalties. These penalties may include fines, mandatory periods of incarceration, community service, formal supervision by the court, and administrative sanctions such as periods of license suspension. Not only this, but DUI laws in Michigan and throughout the country (and the prosecutors’ offices that pursue DUI convictions) attempt to coerce a driver charged with DUI into believing that there is little benefit or use in challenging the charge.

However, DUI charges can be successfully challenged by an experienced DUI defense lawyer. The precise tactics used by your attorney will depend on the facts and circumstances of your case. Many of these tactics seek to deny the prosecution crucial evidence it needs to prosecute your case, thereby increasing the likelihood of a dismissal or acquittal. Common defenses include:

•         No reasonable suspicion to stop your car: Before an officer can pull you over in your car, that officer must have reasonable suspicion that you are driving drunk. While reasonable suspicion does not require a significant amount of evidence, it must be more than a “guess” or a “hunch.”  If you are stopped without reasonable suspicion, you may be able to have all evidence of intoxication obtained after the stop suppressed (or kept out of court).
•         No probable cause to arrest: Similarly, an officer must possess probable cause (which requires more evidence and facts than reasonable suspicion does) before he or she places you under arrest and demands you submit to testing. If you are placed under arrest without probable cause, any blood, breath, or urine testing you completed and any statements you made while in custody may be suppressed.
•         Attacking the accuracy of tests: The accuracy of field sobriety tests as well as blood- or breath-alcohol content tests can be significantly impacted if (1) the test is not administered properly and in accordance with the applicable standard procedures; (2) the testing instrument is not working properly; and/or (3) the testing instrument has been demonstrated to be inaccurate even when working properly. If the test is determined to be unreliable, it may carry little weight with the judge or jury and may be excluded altogether.
•         Reasonable doubt: If the judge or jury hearing your case has a reasonable doubt about whether you were driving under the influence of alcohol, the judge or jury must acquit you (convictions only occur when the jury/judge find you guilty beyond a reasonable doubt). An attorney can create reasonable doubt by producing evidence or eliciting testimony suggesting the truth-that your behavior and appearance was due to something other than alcohol.

Trust The Skills Of An Experienced DUI Attorney Grand Rapids

The Van Den Heuvel Law Office is experienced and skilled in analyzing the facts and circumstances of DUI cases and developing aggressive defense strategies designed to defeat DUI charges and/or minimize the negative consequences stemming from a conviction. Contact our office at (616) 698-0000 or contact us online to discuss your DUI charges with our talented Michigan DUI defense team.

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