How to Fight a DUI in Michigan
Drinking Under the Influence (DUI) in Michigan is usually charged as Operating While Intoxicated, or OWI for short. OWI is a criminal misdemeanor that carries severe penalties like up to 93 days in jail, as well as collateral consequences such as the loss of your license or ability to enter Canada.
DUI Lawyer, Aaron J. Boria
At Boria Law, we are your premier DUI defense lawyers. We make sure to keep abreast of the newest changes in the law, and attend some of the most advance DUI defense trainings available in the country including field sobriety testing, chemical testing for both drugs and alcohol, as well as training regarding the DataMaster.
Don’t hire any lawyer when you have been charged with a DUI, hire one that knows what they are doing and will fight for you! Call DUI defense lawyer Aaron J. Boria (734) 453-7806 today for a free consultation!
Few lawyers actually fight for their clients. Many fail to file important motions or are completely unwilling to take a case to trial. When the prosecutor’s see that Aaron Boria is on the case they know that they are going to have to make an offer or have a fight on their hands.
How to fight a DUI in Michigan
Don’t let anyone tell you it is easy to beat a DUI, it isn’t. Drunk driving is heavily prosecuted in Michigan. Once a drunk driving arrest has been made it is hard to get the prosecutor to dismiss it even if the cop was wrong. In many jurisdictions, the police and prosecution would rather go to trial and lose a drunk driving case then say that they were wrong.
With that said, you have to be aggressive when defending a drunk driving charge. There are three main areas that drunk driving lawyer, Aaron J. Boria focuses on.
First, did the police legally stop you? If you were charged with drunk driving after being pulled over for a bogus reason then the judge must dismiss your case. Cops are allowed to make a pretextual stop as long as it’s legal, but they cannot pull you over for any reason at all. For instance, if you were pulled over for swerving when you clearly weren’t or for having rear tinted windows the case would be dismissed. Any evidence found as the result of an illegal stop must be suppressed.
Second, did the police legally arrest you? Even if you were legally pulled over the cop has to have probable cause to arrest you. If the cop arrests you with out having sufficient evidence that you were operating while intoxicated then the judge must dismiss your case. It isn’t illegal to drink and drive, its only illegal to be intoxicated as defined by law.
Third, was the chemical testing done properly? If the police take your blood or your breath they are conducting a search. Certain rights apply when police search your blood or breath. Additionally, police must follow special rules when taking your blood or breath if you have been arrested for operating while intoxicated. If police fail to follow these rules you may be entitled to a dismissal.
For more information about DUI in Michigan click here.
Drunk Driving Lawyer, Aaron J. Boria
When you are charged with drunk driving in Michigan you are facing the loss of your license, jail time, and major fines. Do not hire any lawyer, or some lawyer that claims to know the judge. Hire an aggressive criminal defense lawyer that is respected by prosecution and judges for fighting for their clients! Call (734) 453-7806 today for a free consultation with DUI lawyer, Aaron J. Boria.