There are a number of ways to defend against a Michigan Drunk Driving DWI/DUI charge. Here is some of the Best Drunk Driving DUI/DWI defense tactics is a list of some of the best DWI Defense tactics put together by Grand Rapids DUI attorney Jason Barrix. Not all of defenses apply to every case but these are some of the way to beat a DUI defenses.
1) Standardized Field Sobriety Tests are Not Reliable Evidence of Intoxication – In healthy persons, the one-leg stand test is only 65% accurate in predicting someone to be over the legal limit of 0.08% BAC. The walk-and-turn test is only 68% accurate. If these were your Children School grades they would be barely passing with a D average. Persons with injuries, medical conditions, 50 pounds or greater overweight, inappropriate footwear, or uneven surfaces and 65 years or older cannot be validly judged by field sobriety testing. Also if the officer deviates from the proper methods in administering these tests these tests have no validity– (The National Highway Traffic Safety Administration (NHTSA) officer training manual). The eye test is not admissible in Michigan courts to prove that you were intoxicated.
2) Non-Standard Field Sobriety Tests are just observations and have no reliability to determine if you are under the influence. Neither the Federal Government (NHTSA) or medical science consider touching your finger to your nose, saying the alphabet, or counting backwards as valid tests to determine intoxication. People fail these tests for educational, physical, nervousness and other non-alcohol related reasons.
3) Illegal Stop –a Michigan Police officer cannot stop a car without having a reasonable and articulate basis to believe that a law has been violated, or unless he can articulate unusual operation of the motor vehicle. Therefore if the officer stops the car just because he saw the driver walk out of a bar and get into the car, the Michigan DUI charge may be dismissed based on a violation of the driver’s rights. Michigan does not allow sobriety check points.
4) Breath Test Operator Unlicensed – A Michigan Police Officer must pass training and be authorized as an operator to administer a breath test, or the breath test is inadmissible.
5) Videos or Dispatch Tapes – Many Michigan Police cars have video cameras in their patrol vehicles. These videos, along with videos from testing rooms, booking rooms, and other sources can be good defenses to some Michigan Drunk Driving Charges. These videos can show that the field sobriety tests were not administered properly or that the officer overstated or exaggerated the results. These tapes are usually audible and can show the officer has a bias towards the driver.
6) Breathalyzer Machine Issues – If there is a malfunction or repair of the breath test machine, your test results may not be accurate. If the prosecutor can’t show that all the proper procedures were followed with the machine, then the results of the testing might not be admitted into evidence. The well qualified Michigan Drunk Driving DUI/DWI defense attorney will review all the Breathalyzer Machine records for repair, calibration and simulation issues. We have won second offenses cases with alcohol levels as high as .21 based on obtaining the3se records.
7) BAC Datamaster (Breathalyzer machine)– The Michigan State Police have developed specified protocols which must be followed, by the officer administering the test for a breath test to be accurate and/or valid. Failure to follow these protocols can result in improper readings, and may be a reason to exclude the readings in court.
8. Medical and Health History – Medical issues with legs, arms, neck, back and eyes can affect the results of field sobriety tests validity. (Other medical conditions can affect the validity of breath test results.)
9) Bad Weather – Weather Reports establishing low visibility, high winds, and other conditions can be used to explain poor driving or balance on the field sobriety tests.
10) The Officer’s Prior Record and Statements - A police officer’s previous disciplinary record can be used to challenge the officer’s credibility; especially if the officer has been disciplined for misrepresentation or violating the rights of a driver. case his prior testimony can be used for your Michigan DUI case.
11) Furthermore, if the officer has previously testified in a Michigan DUI/DWI cases about the reliability of tests or how to administer them, that prior testimony can be used to challenge the officer’s skills at administering field sobriety tests if he answers differently from trial to trial. Also, if the officer misled the driver about the consequences of refusing to submit to tests under Michigan DUI law then the implied consent issues may not result in the suspension of your license.
12) Failure to Conduct Observation Period - If the police fail to keep you under observation for 15 minutes prior to the breath testing, the results of the testing may be excluded in court or at the lest raise a reasonable doubt to the accuracy of the alcohol estimate.
13) Independent Witnesses – Sometimes witnesses to accidents, bartenders, hospital personnel and others can provide crucial evidence of the defendant’s sobriety.
14) Failure to Read the Implied Consent Warning - The Michigan DUI enforcement officer must read the driver Michigan Implied Consent law before the driver submits to the breath test. The failure to read the form or failure to read the correct form may result in the implied consent issues being dismissed.
15) Errors with the BAC Datamaster machine. There are many potential errors that may occur with the BAC Datamaster machine such as: failure to recognize mouth alcohol; failure of the machine to recognize errors in testing; failure of the machine on timing issues during the testing.
16) Interfering Substances - False breath test results may be caused by many items such as asthma spray, cough drops, paints, or fingernail polish, which contain forms of alcohol. Chemicals that you work with or use may cause a false positive result on the breath tests.
17) Expert Witness – Expert Witnesses are available to review the validity of the breath test, blood test, and field sobriety tests. Almost all cases are made better with the assistance of these experts.
18) Blood Test Inaccurate – The admissibility of blood testing in a Michigan DUI case depends on the procedures used in the taking of the sample. Sometimes, police blood testing fails to follow the prescribed rules of testing, analysis, and preservation. Medical centers and jail nurses that take these samples, sometimes fail to follow proper protocol as well. Even if they say the prep swab is non-alcoholic, there can be some trace of alcohol in the swab which can subject samples to a possible Motion to Exclude. Hospital tests have been shown to overestimate a blood sample by as much as 25% in healthy, uninjured individuals, and are not statistically reliable in severely injured persons. When hospital staff use lactate ringers during the treatment of a patient, the hospital blood serum results can report falsely elevated readings.
19) Failure to Provide Complete Discovery – If the prosecutor has not provided all the required evidence, a motion to compel evidence must be filed. If the discovery is still not provided by the date ordered by the judge, then charges may be dismissed.
20) You cannot be forced to give breath, blood or urine without a search warrant. If you were forced to do so, results can be excluded in court. This can result in a dismissal or not guilty verdict in your Michigan drunk driving case.
