Is a Michigan drinking and driving unbeatable? NO!
A drinking and driving case is far from being a simple Michigan misdemeanor. In Michigan, driving under the influence is generally charged under one of four statutes: Operating While Intoxicated (OWI), Operating While Visibly Impaired (OWVI), Zero Tolerance or Minor Blood Alcohol Content (BAC), and Operating Within the Presence of a Controlled Substance (OWPCS).
Being charged with drinking and driving is going to result after some encounter with the police. Maybe someone called and reported the driver for suspension of intoxication. The officer may have observed the driver speeding or violating some traffic violation under the Michigan Motor Vehicle Code. Once the driver is pulled over the officer may suspect them of being intoxicated and after field sobriety tests or a preliminary breath test the officer may arrest the driver for being intoxicated.
What if the officer made a mistake and pulled the driver over from a wrong reason or for a reason that wasn’t illegal. Maybe the driver was making a turn and the officer claims the blinker wasn’t on when it actually was, or the driver was pulled over for swerving within his own lane.
If a driver was pulled over for an invalid reason and subsequently charged with driving under the influence than the court should dismiss the intoxication charge because it is the result of a bad stop by the officer.
This happens more than people realize. Drinking and driving charges are not unbeatable and it is important to hire a good attorney that understands the law and will fight for you.
Contact Aaron J. Boria, PLLC, today to discuss your driving under the influence charge.