How we defend the Drinking Driver
Our approach to Drinking Drivers is a straight forward honest approach. I recognize that a drinking and driving charge may be a persons only contact with law enforcement. I also understand that facing potential jail, fines, cost and the loss of your license can have an impact on not only your freedom, but your family, profession and future.
A drinking and driving charge will stay on your criminal history forever and simply should not be taken lightly. You should have an attorney who understands not only the process of the Courts but also the scientific concepts involved in what is one of the more complicated areas of law.
A conviction means the loss of driving privileges, potential jail, probation, fees to the state and increased insurance costs. For many it can mean the loss of Freedom, income and a profession. While we can not guarantee and outcome we can guarantee that you don’t have to go through this alone. For over 16 years I have spent countless hours learning all about the issues involved in drunk driving from legal issues to scientific issues involving the toxicology of alcohol and drugs.
When facing this issue you should not accept anything less than an attorney committed to understanding this area of law
The Stop
via Flickr/fairfaxcounty
In the defense of drunk driving clients we analyze many issues. The most prominent issues center on the stop, the procedures employed in giving the breath test and the calibration of the testing device.
Police officers suspect drivers often based upon the time of the driving. Early morning hours will often raise police officers suspicions to the point that they will follow your vehicle until they find a reason to stop the vehicle. The reason can be based on a one time of crossing the fog line on the right side of the road to having a burned out light over the license plate (defective equipment). Police have even been so obvious as to pull a person over based on an air freshener hanging from the rear view mirror (obstructed view), the Court of Appeals has held that obstruction must actually obstruct your view.
The first issue we evaluate in your case is the basis of the stop. Did the police officer have a reasonable suspicion to stop your vehicle, did the officer have probable cause to arrest. I have successfully had DUI cases dismissed for lack of probable cause.
Field Sobriety Tests
Often person will submit to these roadside tests because they were asked to. Field Sobriety Tests (FST) or dexterity tests are not required. There is no penalty for refusing these. Often a Police Officer has made up his mind to arrest before he even asks you to perform these tests. The purpose of these tests is to build evidence against you, not to set you free. Many times people pass these tests and they are arrested anyway. Further, how you perform on these tests, pass or fail, is up to the officer without witnesses. Not exactly fair combined when issues of weather, surfaces, traffic, nerves and other factors that compromise the validity of these tests. Carefully decide if you want to perform these tests.
I have been able to educate clients, juries and even some police officers the flaws within these tests. Just because the officer says you did not perform the test correctly doesn’t mean it shows drunk driving. Often times we can show the tests mean nothing at all.
Preliminary Breath Test (PBT)
Michigan law requires a person to submit to a PBT test upon the request of a police officer who has a reasonable cause to believe you are OWI. Refusal of the PBT is $100.00 zero point civil infraction. The PBT can be used to establish probable cause for the arrest. It is not allowed to be admitted in Court as evidence except under limited circumstances. Often our clients have benefited by not taking this test.
However, if the officer does not read the PBT right or follow the testing procedure we may be able to get it suppressed under all circumstances.
Data master Breath Test, Blood and Urine
