Drinking and Driving Lawyer Michigan

March 4, 2015

Drinking and Driving Lawyer Michigan

If you have been charged with drinking and driving in Michigan then you are facing the loss of your driver license, major fines, and jail time.

Call Michigan drinking and driving defense lawyer, Aaron J. Boria today for a free consultation (734) 453-7806.

Michigan Drinking and Driving Defense

In any drinking and driving case in Michigan, the prosecutor must prove your guilt beyond a reasonable doubt. You do not have to prove your innocence.

Specifically, the prosecution must prove the following elements:

That you operated the vehicle
That when you operated you had a bodily alcohol level of 0.08 grams or more per 100 milliliters of blood; or that you were under the influence of a controlled substance while operating the vehicle;
That when you operated the vehicle you were on a public road or a road generally accessible to the public.

If even one element is not proven beyond a reasonable doubt then you must be found Not Guilty.

For example, if you were not the driver of the car then you cannot be found guilty. If your BAC was not a .08 or higher then you must be found not guilty of OWI. If you were not on a public road or a road generally accessible to the public then you must be found not guilty.

In addition to these elements of Operating While Intoxicated, the prosecution must also prove that you were legally stopped, legally arrested, and the chemical testing was done properly. If you were not legally arrested, legally stopped, or the chemical testing was not done correctly then the allegation of drinking and driving should be tossed out.

For more information about drinking and driving in Michigan click here.