How to beat a dui charge
Do not despair if you have been arrested for DUI or DWI in Michigan. If you want to know how to beat a DUI charge, hire a quality DUI criminal defense attorney. There are a number of ways your case could be defended. Here are 40. Whether your case involves drugs, medicine, or alcohol, we can help!
(Related: DUI First Offense)
40 Ways to Beat a Michigan DUI or OWI
ILLEGAL STOP OF PERSON OR VEHICLE IN MICHIGAN – a driver can only be stopped if the officer has a reasonable and articulate basis to believe that a traffic law or other law has been violated. Similarly, a person cannot be seized unless a violation has occurred.
WEAVING INSIDE THE LANES IS NOT ILLEGAL IN MICHIGAN – weaving without crossing any lines is not a violation of the law, and a vehicle doesn’t warrant being stopped for that reason.
ANONYMOUS REPORT OF DRUNK DRIVING IN MICHIGAN – a car cannot be stopped simply because an anonymous citizen reported that the driver was drunk.
STANDARD FIELD SOBRIETY TESTING IS INACCURATE IN MICHIGAN –in healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only 68% accurate in determining if a person is under the influence. Those persons with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be validly judged by these tests.
NON-STANDARDIZED FIELD TESTS ARE INVALID IN MICHIGAN – neither the Federal Government (NHTSA) nor medical science considers touching your finger to your nose, or saying the alphabet, or counting backwards, as valid sobriety tests.
BREATH TESTING IS INACCURATE IN MICHIGAN – virtually all experts concede that one breath test alone is unreliable. Breath testing is subject to various inaccuracies, including a variance as much s +/- 12.5%, non-specificity for ethanol, etc.
(Related: Zero Tolerance OWI)
BOOKING ROOM VIDEOS IN MICHIGAN – Many police stations videotape suspects at the police station, where their speech is clear and their balance is perfect, in spite of conflicting police testimony.
IN-SQUAD VIDEOS IN MICHIGAN – more frequently, the suspect’s driving and performance on field tests is being recorded; often contradicting police testimony.
FAILURE TO PROVIDE SPEEDY TRIAL IN MICHIGAN – If a client is not provided with a trial within a certain time period, which varies between states, through delays of the court or prosecutor, the charges must be dismissed.
POLICE BLOOD TEST INACCURATE IN MICHIGAN – Police blood testing often fails to follow prescribed rules of testing, analysis, or preservation recommendations.
HOSPITAL BLOOD TEST INACCURATE IN MICHIGAN – Hospital blood tests overestimate a person’s true level by up to 25% in healthy, uninjured individuals, and are not statistically reliable in severely injured persons.
BREATH TEST OPERATOR UNLICENSED IN MICHIGAN – Most states require a Breath Test Operator to possess a valid, unexpired operator’s license, or the breath test result is inadmissible.
BREATHALYZER MACHINE MALFUNCTIONS IN MICHIGAN – Most states specify that if there is a malfunction or repair of the breath test instrument within a certain period of time before or after a suspect’s breath test, the results of the suspect’s test are presumed invalid.
BREATH TEST OPERATOR LICENSE EXPIRED IN MICHIGAN – Most states require that a Breath Test Operator must possess an unexpired operator’s license, or the breath test result is inadmissible.
BREATH TEST DEVICE NOT APPROVED IN MICHIGAN – A breath-testing instrument must be listed on the Federal List of Approved Breath Evidential Instruments and the ISP approved list of Devices, or the results are inadmissible.
FAILURE TO PROVE DRIVING UNDER THE INFLUENCE IN MICHIGAN – A defendant’s admission to driving, without more, does not prove a charge of driving under the influence.
INDEPENDENT WITNESSES IN MICHIGAN – Often times, independent witnesses to accidents, bartenders, hospital personnel and others can provide crucial evidence of the defendant’s sobriety.
FAILURE TO MIRANDIZE IN MICHIGAN – Prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda Warnings.
FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED IN MICHIGAN –According to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication.
OFFICER’S PRIOR DISCIPLINARY RECORD IN MICHIGAN – A police officer’s previous disciplinary record can be used to attack the officer’s credibility.
PORTABLE BREATH TEST INADMISSIBLE IN MICHIGAN – Most states prohibit the use of portable breath testing results as evidence at trial in a DUI case.
(Related: Minor In Possession)
- PORTABLE BREATH TEST IMPROPERLY ADMINISTERED IN MICHIGAN –The manufacturers of portable breath testing devices require a minimum of two tests to consider the results evidential in nature.
FAILURE TO CONDUCT OBSERVATION PERIOD IN MICHIGAN – Most states require that a driver be observed continuously for a minimum period, such as twenty minutes, prior to a breath test in order for the results to be considered admissible and valid.
EXPERT WITNESSES – Expert witnesses are available to review the validity of breath tests, blood tests and field sobriety tests.
MEDICAL AND HEALTH PROBLEMS IN MICHIGAN – Medical problems with legs, arms, neck, back and eyes can affect the results of field sobriety tests. Further, other medical conditions can also affect the validity of breath test results.
BAD WEATHER IN MICHIGAN – Weather reports establishing high winds, low visibility, and other conditions are available to explain poor driving or poor balance.
LACK OF PROBABLE CAUSE TO ARREST IN MICHIGAN – A police officer must have specific and articulable facts to support any arrest for DUI, or the suspension will be reversed and the evidence suppressed at trial.
ILLEGAL SEARCH – The police are prohibited from searching a person or the automobile for a minor traffic offense, and may not search a car without a driver’s consent or probable cause. Any evidence illegally obtained is not admissible in court.
PRIOR INCONSISTENT STATEMENTS BY POLICE OFFICERS – Any statement made by a police officer, verbally, in police reports, or at previous court proceedings may be used to attack that officer’s credibility.
POST-DRIVING ABSORPTION OF ALCOHOL IN MICHIGAN – The prosecutor must prove the blood or breath alcohol at the time of driving. Recent consumption of alcohol just prior to driving will cause the test results to be higher than what the true level was when the person was operating the automobile.
INTERFERING SUBSTANCES IN MICHIGAN – Many items contain forms of alcohol, which may cause false results, such as asthma spray, cough drops, paints, fingernail polish. These items can cause the breath results to be invalid.
BREATH MACHINE NOT PROPERLY OPERATED IN MICHIGAN – The manufacturers of breath testing devices have specified protocols, which must be followed for a breath result to be valid. Failure to follow these requirements will result in improper readings.
FAILURES TO PRODUCE DISPATCH TAPES IN MICHIGAN – Most stops of vehicles are recorded on dispatch tapes, as well as recording police communications regarding an arrest of an individual. Failure to preserve such tapes upon request can cause all evidence, which could have been recorded to be suppressed.
MISLEADING STATEMENTS BY POLICE OFFICERS IN MICHIGAN – Any misleading statement by the police regarding the consequences of taking (or refusing) a blood, breath, or urine test will cause the suspension to be reversed and removed from the driver’s record.
STATUTES OF LIMITATIONS IN MICHIGAN – A misdemeanor charge of DUI must be filed within a certain period of time (which varies between states) of the date of offense, or the charges will be dismissed outright.
PRIVATE PROPERTY IN MICHIGAN – A person who has not driven the car on a public highway cannot be suspended for drunk driving.
FAILURE TO DISCLOSE EXPERTS IN MICHIGAN – The failure of the prosecutor to disclose the state’s expert(s) will cause those witnesses to be barred from testifying against the defendant.
(Related: Driving Under the Influence of Narcotics)
LACTATE RINGERS IN MICHIGAN – When hospital staff use lactate ringers during the treatment of a patient, the hospital blood serum results will report falsely elevated, and therefore invalid, readings.
FAILURE TO RECORD CERTIFICATION TESTS IN MICHIGAN – the failure to include the value of the simulator solution used to test breath machines will cause the breath test results to be inadmissible in court against the driver.
FORCED BLOOD DRAWS IN MICHIGAN – In some states, police are unable to take a blood test against the driver’s consent where there has not been an injury involved, or the result is inadmissible.
(disclaimer) State laws may vary. Please consult an attorney for legal advice on actual application in your state.
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.
At Rudoi Law, we have the OWI (DUI) expertise you need. We understand the criminal system. We know the defense strategies that have won in court. And we understand the judges and prosecutors working in lower Michigan today. We’ll give you the tough defense you deserve, all while demystifying a complex process.
What’s more, we understand the needs of our clients. Battling for your future can be emotionally draining. And for many people, a first offense DUI is the only trouble t they’ve had with the law. That’s one of the reasons why we work so hard. We believe one mistake shouldn’t bar a lifetime of work or cost you your freedom. If You or a loved one is facing drunk driving charges contact Rudoi Law today.
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