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A Michigan police officer with a BAC of 0.13 had his case dismissed on a technicality. Do you still think all DUI attorneys are the same?
No one is above the law or safe from being charged with DUI/OWI charges. This Michigan state police commander was recently arrested for OWI after being found to have a blood alcohol content of 0.13 after crashing his vehicle. In Michigan, it is illegal to drive with a blood alcohol content (BAC) of .08 or higher, although motorists can be arrested at any BAC level if an officer feels they are impaired. Under the state’s high BAC law, motorists face enhanced penalties if a first-time arrest is for a .17 BAC or higher.
Last year, the Michigan police officer’s drunk driving case was dismissed due to a technicality. The BAC reading was obtained through use of a warrant. However, the warrant was signed by a court employee who was relieved of her duties earlier in the year due to mental health problems. The officer’s defense argued that the BAC reading should be thrown out since the warrant was not valid. As a result, she was not with the authority to approve the warrant used to obtain the BAC reading. The court was forced to throw out the evidence.
This case demonstrates the value of an experienced DUI criminal defense attorney. There are a number of defenses available for an OWI charge. When used successfully, these defenses can result in the reduction or even dismissal of charges.
Enforcement officers must adhere to the law for a drunk driving charge to be legal. For example, an officer must have a legal reason to have made a stop before administering tests to determine the driver’s BAC levels. If the officer is unable to produce a reason for why he stopped the driver, the stop itself may be illegal and the charges could be dismissed.
Provided that the stop is legal, the process by which the driver’s BAC was taken must be by the book.
Driving while under the influence of alcohol can have devastating consequences. It is important for drivers to remain calm, and it is beneficial if a person is knowledgeable of the DUI laws in Michigan.
This is not the time to experiment with self-representation or plead to the charges “just to get it over with.” You need the expertise of a lawyer that specializes in OWI and DUI cases.
Michigan is a state with very strict drunk driving laws. According to the Michigan Office of Highway Safety Planning the average cost of a DUI / OWI conviction in Michigan is $15,680.00.
Penalties for a DUI Conviction are extensive for those who choose to ignore the laws set forth by the state. If you are a first-time offender, you are subject to any of the following penalties:
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A fine of up to $500
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Jail time of up to 93 days
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Community service duty up to 360 hours
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Your driver’s license can be assessed up to six points
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Suspended license for up to six months, with the potential for a restricted license after the first 30 days
The Michigan Driver Responsibility Program potentially means that an individual who is convicted of a DUI could potentially face a fine of $1,000 for two consecutive years to the Secretary of State. There is also the potential penalty of $500 for two consecutive years. Beyond the fees paid to the state, you will also have to deal with any court costs and attorney fees.
Many people assume that they can avoid potential prosecution by simply refusing to have their breath tested for alcohol. In reality, the law states that those refusing to take the chemical test upon arrest can have their license automatically suspended for a year and six points assessed to their driving record. These consequences are in addition to any other penalties you will receive upon being convicted of drunk driving.
Every minute matters when it comes to defending yourself. Act now! Rudoi Law is available to help you 24 hours a day.
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