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Patrick T. Barone
The DUI Book
A Michigan Citizen's Handbook on Fighting a Drunk Driving Case
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Michigan Drunk Driving Defenses
If you’re like most Michigan drivers who are arrested for drunk driving, you probably think there’s nothing you can do to fight the charges against you. However, with over half of all DUI cases ending in acquittal, that’s a far cry from the truth. In fact, there are numerous Michigan drunk driving defenses that can be used to help you avoid a DUI conviction—and an experienced attorney can determine the best strategy for your case.
Like any other person who has been accused of a crime, you are innocent until proven guilty. In other words, you cannot be convicted of drunk driving unless the state proves that you actually committed the offense. To do this, the prosecution must first establish probable cause for the charges against you—meaning, the officer who arrested you must prove he or she had a reasonable cause to arrest you for DUI.
So what exactly constitutes probable cause for drunk driving? First and foremost, your initial traffic stop must have been warranted. Speeding, running a red light, and ignoring other traffic laws in the area are all examples of valid reasons for stopping a vehicle. Driving late at night or in a certain neighborhood, on the other hand, are not; and in such cases, an illegal arrest may have been made—which means the judge will most likely dismiss all of the charges against you.
Assuming the officer does indeed have grounds to stop you, he or she must then establish probable cause for suspecting you were under the influence of alcohol. If you show signs of intoxication, such as bloodshot eyes or slurred speech, for example, only then can the officer ask you to take a breath test or perform field sobriety tests; he or she cannot simply request these tests because you were pulled over.
If the state meets its probable cause requirement, you may still have grounds for challenging the evidence in your case. For instance, if your breath test or field sobriety tests were not administered properly, their results may be inadmissible in court. You can even challenge your arrest if the officer listed the wrong charge on your citation or failed to read you your Miranda rights in some cases.
To determine the best defense option for your situation, it is important to discuss your case with an experienced DUI attorney. After winning thousands of drunk driving cases across the state, the Barone Defense Firm is well-versed in the most successful DUI defenses, and our attorneys can review the facts of your case to determine which one is right for you.
Remember, there’s a defense for practically every DUI case—and attorney Patrick Barone and his team know the ins and outs of all of them. Put one of Michigan’s most experienced defense firms to work for you. Call now for your free case evaluation.
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