When Your Michigan DUI Case Isn’t a Case at all…

 

There are a number of little known facts about Michigan DUI arrests that can seriously influence the outcome of your case. Details that may seem insignificant at the time, or negligent to the untrained eye, but are critical when it comes to the proper and legal execution of a case. So we have compiled a list of some of those little Michigan DUI details, just in case one or two of them apply to your situation…

 

  • If the trial judge incorrectly instructs the jurors about presumptions (making it ir-rebuttable or mandatory), such instruction can constitute reversible error.
  • In administering any of the state’s sobriety tests, if the person operating the machine is not qualified or certified in accordance with state law, the test results are considered to be invalid. Requiring strict proof of the testing officer’s certification can often lead to a dismissal or a favorable plea bargain.

 

  • With blood tests, the use of an alcohol swab on the subject’s skin could contaminate the puncture site and, as a result, render the Michigan DUI test results invalid.

 

  • If the police lacked probable cause to make the initial Michigan DUI traffic stop, all tests, test results, and evidence gathered as part of the illegal arrest are likely to be thrown out of court.

 

  • Always be aware that traffic offenses like speeding, running a red light, and not making a complete stop at a stop sign, are the leading causes of standard traffic stops. Many of which result in Michigan DUI convictions.

 

  • If the police detain or arrest you, and then elicit answers from you to incriminating questions, without first reading you your Miranda rights, your defense attorney may be able to suppress any confessions you made while in custody.

 

  • If possible, carry a recording device with you when you go out with the intention of consuming alcohol. Try to record the conversations between you and the police officers, so that any missing or defective warnings from the officer are captured. This may cause test results to be excluded from evidence. Without a recording, the jury will most likely believe the officer’s testimony over yours in court.

 


We hope this list was helpful. If you have any other questions or concerns about your recent DUI arrest, please contact us immediately. This is an area in which we are very experienced, and we can help you.

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I worked with both Josh Pease and Chuck Kronzek. Both were very professional and knowledgeable, offering very clear and personable explanations and expertly guiding me through some convoluted proceedings. Their help and facilitation was invaluable in getting things quickly resolved. I would highly recommend.
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