Operating While Intoxicated Garden City – Not Guilty Verdict

Our client heard the two sweetest words in the English language, NOT GUILTY! Our client had been charged with the drinking and driving offense, Operating While Intoxicated. After a trial with the judge we won, and our client got to walk out of court that day as a free man.

If you have been charged with drunk driving call DUI lawyer Aaron J. Boria today (734) 453-7806.  

At Boria Law we fight for our clients and we get results that other lawyers simply do not. 

Operating While Intoxicated Garden City – OWI Michigan

Operating While Intoxicated (OWI) in Garden City as well as the rest of Michigan is a 93-day offense, meaning that you could serve up to 93 days in jail on a first offense.

OWI also carries some stiff financial penalties including fines and costs to the court as well as driver responsibility fees. Between the state and the court fees will go into the thousands.

The state takes action on a person’s driver license for an OWI conviction. The state will add six points to a person’s master driving record and suspend their license for 30 days and then restrict the places a person can drive for 5 months after that.

Proof of Operating While Intoxicated – Michigan OWI Defense

In every criminal case the prosecuting attorney has the burden to prove guilt beyond a reasonable doubt. All crimes are made up of elements and every single element of the crime must be proven. The person accused of driving drunk doesn’t have to prove a thing. If even one element isn’t proven then that person is entitled to a Not Guilty verdict.

In this Garden City Operating While Intoxicated case the prosecutor had to prove the following elements:

First, that the defendant was operating a motor vehicle. Operating means driving or having actual physical control of the vehicle.

Second, that the defendant was operating a vehicle on a highway or other place open to the public or generally accessible to motor vehicles.

Third, that the defendant operated the vehicle with a bodily alcohol level of 0.08 grams or more per 210 liters of breath.

The biggest point that was fought in this case was whether or not our client was actually driving his motor vehicle. The case took place at a gas station near Ford Road. The Garden City Police Officer claimed that he saw the vehicle drive from the gas station parking lot toward the street and then reverse backwards when he and the driver made eye contact. The officer thought this was suspicious behavior being that it was so late at night and the gas station was closed so the officer initiated a traffic stop. When the officer arrived on the scene our client was sitting in the driver seat. The officer suspected he had been drinking and ultimately arrested him and charged him with Operating While intoxicated.

It was our position that another driver had driven our client and his friend to the gas station location when they began to have car trouble. Our client switched seats with his friend and tried to get the car to start but couldn’t. Our position was supported by the fact that the keys were in the passenger’s purse when the officer arrived and while the officer was arresting our client another person pulled up in a vehicle stating that he was there to pick them up due to car trouble.

The prosecutor put on a second witness after the police officer. This witness was favorable to our case and testified consistently with our position.

At the close of proofs the Judge Hammer agreed that there was doubt as to whether or not our client actually operated the motor vehicle. He may have tried to operate it but the proof the prosecutor had of actual operation did not rise to the level of being beyond a reasonable doubt.

There was a case out of Plymouth titled Plymouth v Longway where operation was an issue. The defendant in that case, Longway, got into her car, turned it on, put it into reverse while keeping her foot on the brake, and then put the car back into park. An officer saw her getting into the car and arrested her. The court ruled that in that case the driving was minimal but it was enough to find that she had operated the vehicle. In our case we had to argue that there was no proof any actual operation and the judge agreed.

OWI was dismissed, and our client was able to walk out of the 21st District Court that day a free man.

Garden City OWI Lawyer – Michigan OWI Lawyer

If you have been charged with Operation While Intoxicated in Garden City of anywhere else in Michigan then you need to call Michigan OWI lawyer, Aaron J. Boria.

Boria has attended and completed advanced drinking and driving defense seminars, including seminars similar to those that police undergo when training to make DUI arrests. This additional training and education puts Boria beyond his peers in terms of knowledge and skill and makes him very dangerous in the courtroom for the prosecution.

OWI Lawyer Boria takes on a limited number of cases at a time to make sure that our clients get the absolute best possible representation available.

Call today (734) 453-7806 to see if your case is the right fir for our firm.
OWI Lawyer – 5 Things to Know When Stopped By Police For DUI

Many people who are stopped by police are unsure how to handle the situation. Aaron J. Boria is an experienced criminal defense lawyer. This blog is dedicated to helping people handle a police interaction and to avoid getting abused during a police interaction. That’s right, failure to handle a police interaction properly could result in being charged with additional criminal charges, being physically abused, or worse.

If you have been charged with a drunk driving offense contact Michigan OWI lawyer, Aaron J. Boria (734) 453-7806. We have defended police officer’s children, medical practitioners, and other lawyers. If you have been charged with a crime hire the lawyer the professional hire, call Boria today.

Here are 5 things to know when being stopped by police for suspicion of drinking and driving.

1. Being Pulled Over By Police

Cops can pull you over for any violation of the traffic code. Even if you were doing one mile per hour over the speed limit a cop can legally stop you.

When you pull over try to pull over in as safe of an area as possible. If it is dark out try to pull over in a lit area where other people may be present. If the area is dark and you do not feel safe put your emergency lights on and slow down so that the officer knows you are going to stop and are not trying to flee. Pull over as soon as reasonably safe to do so.

If you are unsure if the person pulling you over is a real police officer call 911 and make certain before stopping your vehicle.

2. Interacting with the Police

Put your car in park and turn the vehicle off. Roll your widow down and have your license, registration, and insurance ready. Keep your hands on the wheel where the officer can see them. If you have to reach for something tell the officer where you are going to reach and what you are reaching for, and do it slowly. This is for your safety to avoid getting grabbed, attacked, or shot in the event the office thinks you are reaching for a weapon.

When the officer is speaking with you keep your answers short and sweet. The officer may ask you why he stopped you. Even if you know do not answer the question, this answer will be used against you later in court.

3. Ordering out of the car

Follow the orders given by the officer. If the officer orders you out of the vehicle get out. Even if you believe the officer should issue you a ticket and send you on your way this is not the place to litigate your traffic stop; arguing with the officer could result in being charged with additional crimes, a beatdown, or both.

If the officer orders you out of the car roll your window up and lock the vehicle behind you. If the officer asks you if he can search your car you have a legal right to say, no. Don’t worry if the officer claims he will get a warrant, get a dog, or claims that you look guilty by not letting him search your car. A bad search can always be challenged in court, but if you give consent you will lose that argument every time.

*Note: If the officer sees evidence of a crime in the vehicle through plain sight, or claims he can smell marijuana, he is allowed to search your car.

Remember, if the officer searches your car without your consent, without a warrant, and without a warrant exception don’t litigate the issue in the street with the officer. You may end up charged with an additional crime, a beatdown, or both.

4. Suspicion of Drunk Driving

If the officer suspects that you have been drinking or using drugs prior to getting into the vehicle the officer will try to build a case against you. Ultimately, the officer’s goal is to get enough evidence in order to arrest you and require that you take a chemical test in order to prove that you are under the influence. To gain this evidence the officer will ask you to submit to field sobriety tests and a preliminary breath test.

You are not under any obligation whatsoever to perform any of the field sobriety tests. The only thing the field sobriety test will do is confirm the suspicion that you are under the influence. If you do not perform the test then the officer doesn’t gather any new information.

*Note: The officer can arrest you solely on a preliminary breath test of .08 or higher, so do not take the preliminary breath test. 

If the officer does not have enough information to arrest you and require you to take a chemical test, and you refuse to perform the field sobriety test, then the officer still won’t have enough evidence to make you take a chemical test by refusing. Bottom line, you are better off not performing the field sobriety tests.

Remember, the answers you give to the officer’s questions can be used as evidence against you later.

5. What to do if you are arrested for DUI

If the officer places you under arrest he will ask you to submit to a chemical test under the Michigan Implied Consent Law. Refusing the chemical test under the Implied Consent law will result in losing your driving privileges for a year. It is possible that you will prevent the officer from gaining the evidence he needs to prosecute you, but more than likely he will get a warrant and obtain you blood anyway.

When deciding whether or not to submit to a chemical test under Michigan’s Implied Consent law it is a case-by-case basis. It is possible to be found not guilty of drunk driving but guilty of violating Michigan’s implied consent law and vice versa. (It is possible to appeal the chemical test refusal or obtain a restricted license based on a hardship but these issues are beyond the scope of this article)

* Note: The Implied Consent chemical test is a separate test from the preliminary breath test. The easiest way to discern between the preliminary breath test and the implied consent test is that the implied consent law only kicks in after you have been arrested for DUI.  

Drinking and Driving Lawyer Aaron J. Boria

Michigan DUI lawyer, Aaron J. Boria, has represented countless people charged with drinking and driving. Many of these people are medical professionals, engineers, moms and dads, sons and daughters, and the like.

Boria takes pride in his work and strives to achieve the absolute best results for his clients. Boria has obtained not guilty verdicts in multiple criminal cases including drinking and driving, reductions, and dismissals.

If you have been charged with drinking and driving contact Michigan drinking and driving lawyer, Aaron J. Boria at (734) 453-7806 or shoot an email to borialaw@gmail.com.
Northville OWI Lawyer

The Michigan State Police and local police departments have increased patrols from now until Sunday. Michigan State Police has announced on their website that they will be focused on impaired driving, seat belt use, careless driving and speeding.

A drunk driving charge carries serious consequences and can even result in the loss of your job. If you have been charged with OWI (Operating While Intoxicated) then you need to call Northville OWI lawyer, Aaron J. Boria (734) 453-7806.

If you have been charged with drunk driving you are not alone. Over the Thanksgiving Holiday Michigan State Police increased patrols for their annual C.A.R.E. (Crash Awareness and Reduction Efforts). This program and many others were be ramped up over the following weeks. As these programs end new programs begin for St Patrick’s Day and other holidays as the year goes on. 

OWI Northville

If you have been charged with OWI in Northville then your case will be heard at the 35th District Court. The 35th District Court has three judges and they are Judge Lowe, Judge Plakas, and Judge Gerou. The 35th District Court is known for being tough on drinking and driving charges, so if you have been charged with OWI you need a serious Northville OWI lawyer.

Jurisdictions in Northville include the Township, the City, and any arrests made by the Sheriff or State Police.

Arrests made by the Sheriff and State Police will be prosecuted by the Wayne County Prosecutor’s Office. City of Northville matters are prosecuted by Plunkett Cooney and Northville Township matters are prosecuted by the Law Office of  Hemming Polaczyk Cronin Witthoff Bennett & Demopoulos PC.

Boria has won trials in front of every judge at the Northville District Court and has handled countless cases with all Northville prosecutor’s and is familiar with their practices and what to expect. 

Call (734) 453-7806 to speak with Aaron J. Boria today.

Northville OWI Lawyer

In an drunk driving case the prosecuting attorney must prove that you were over the blood alcohol limit, that you operating a motor vehicle and it was on a public road. All of these elements must be proven beyond a reasonable doubt.

In some cases our goal as an OWI lawyer is to case doubt as to if the prosecuting attorney has met their burden to prove these elements.

Other ways we defend an OWI charge is by challenging the stop, the arrest, and the chemical testing. If the police illegally stopped your vehicle without reasonable suspicion or without observing a civil infraction then your case will be dismissed.

If police illegally arrested you for OWI without having probable cause to do so then your case will be dismissed.

If the police do not obtain the evidence of your blood alcohol by blood, breath, or urine, properly then your case should be dismissed.

Even in cases where the police did everything properly and you believe that you are completely in the wrong it is still likely that Boria will be able to obtain reduced fines, avoid harsh license suspensions, and keep you out of jail. 

Call Northville OWI lawyer, Aaron J. Boria today (734) 453-7806. 
Preliminary Breath Test admissible in a DUI?

If you are facing drinking and driving charges there is a good chance that the Preliminary Breath Test (or PBT for short) was part of or the entire reason for your arrest.

If you have been charged with a drinking and driving offense in the state of Michigan than you need to call Michigan DUI lawyer, Aaron J. Boria (734) 453-7806. 

Boria has obtained favorable jury verdicts in drunk driving cases, felony drunk driving matters reduced to misdemeanors, and out right dismissals of drunk driving charges. 

After the arrest is made you will be asked to submit to a blood draw or a DataMaster breath test which is admissible.

Preliminary Breath Test

The preliminary breath test is a search performed during drinking and driving, minor in possession, and other alcohol related investigations. In most cases, you will be asked or ordered to submit to a field sobriety test.

The officer must have some amount of probable cause to believe that you have committed an alcohol related offense in order to order you to submit to a PBT. If the officer does not have probable cause than ordering you to submit to a PBT is a violation of your Fourth Amendment right against search and seizure. 

Be careful, the officer can “ask” you to submit to a PBT. If you consent to a search you lose the argument that it was a search and seizure violation. A PBT alone can give the police officer enough probable cause to arrest you even when they do not have enough probable cause to require you to take the test. Consent is a search exception. I put “ask” in quotes because it’s amazing how an officer’s orders will be interpreted by the prosecution as a “request to consent” and not an order.

You can quickly eliminate any ambiguity by simply asking the officer if they are ordering you to take the test or asking you to consent. Remember; always be polite when talking with the police.

Nonetheless, in most cases it is best to refuse to submit to the preliminary breath test. Again, the preliminary breath test is offered prior to arrest. Do not confuse this with an implied consent chemical test which is requested after you have been arrested. Refusing the implied consent test has serious license consequences.

Every case is different, always consult a lawyer directly before making a decision and never rely on a blog to make an important choice. 

PBT as evidence of guilt

You can bet that if you take a PBT the results will end up in the police report and will be read by the judge or magistrate when setting bond.

The results of the PBT will be admissible when deciding legal issues challenging whether or not there was enough probable cause to arrest you.

The PBT results can be raised by the prosecution to rebut evidence presented by you at trial that your blood alcohol level was actually lower when blood was drawn or breath was taken from the DataMaster.

For example, many people will try to argue that their last drink did not hit them until after they were driving and pulled over, so they didn’t actually break the law. Because of the way alcohol metabolizes in the blood it is very possible that while driving they were not over an .08 BAC but became over a .08 BAC while they were being investigated by the police. Obviously, a jury will only be willing to accept this defense if you would have made it where you were going without the alcohol hitting you within the time it took the officer to do his investigation.

So, if the DataMaster was a .081 and your lawyer argues that your blood alcohol was rising and didn’t peak until you took the DataMaster then the prosecution would be able to introduce the PBT if the results were actually higher than the DataMaster results.

The above scenes can would also occur if there was the inverse, i.e., the prosecution is trying to claim your blood was higher when you were driving when in fact it was not.

The laws on preliminary breath testing in Michigan are contained at MCL 257.625a(2)(b)(i)-(iii).  

If the exceptions above the preliminary is not admissible at trial, another words, the jury does not get told that you took a preliminary breath test of the results of it.  

Michigan DUI Lawyer

Trying to explain a fairly complicated DUI issue that is contained within multiple MCL’s and Court opinions and condense it into a page is no easy task. If this blog was as clear as mud feel free to contact Michigan DUI lawyer, Aaron J. Boria today for a free consultation (734) 453-7806.

There is a reason why judges, lawyers, court staff, police, and even prosecutors have hired or referred Boria Law to represent themselves, their friends, and family when they have been accused of drunk driving. We fight for our clients and we get results.

Call Michigan DUI lawyer, Aaron J Boria, today (734) 453-7806
Michigan Driving on Drugs Case Dismissed

Michigan Operating With the Presence of Drugs (OWPD) is a strict liability offense. This means that if you have any amount of a controlled substance in your system while driving a motor vehicle you are guilty of driving on drugs.

There are still defenses to driving on drugs and in this case the defense was that scientifically the amount of drugs in there person’s system was just to small to be reliable evidence. 

Charged with driving on drugs in Michigan? Call criminal defense lawyer, Aaron J. Boria today (734) 453-7806. We fight for clients and we get results other lawyers simply do not. 

Michigan Operating With the Presence of Drugs

When someone is arrested for suspicion of driving on drugs they will be required to submit to a chemical test under Michigan’s Implied Consent Law. Their blood will be taken and it will be put into a vile that will then be sent of to the Michigan State Police crime lab in Lansing where it will be analyzed.

Machines are then used to detect the presence of a controlled substance in the person’s blood. The government claims that these machines can detect substances like marijuana in trace amounts; amounts so incredibly small they are measured in nanograms. To put it into perspective, a nonogram is a billionth of a gram; it is written as 0.000000001g.

The prosecutors will try to convict someone with as little as a single nanogram of active THC in their system. This means that a person could smoke marijuana, hours could go by and they could feel completely sober, and in many cases they are.

A major problem that many Michigan criminal lawyers do not know is that the machine used to detect the marijuana has an error rate of as much as 3 nanograms. So a person that registers any where from 1-3 may actually be 0 and dead sober.

Michigan Driving on Drugs Lawyer

Not only is Aaron J. Boria a Michigan criminal lawyer, but he is also a committed Michigan driving on drugs lawyer.

Our most recent success involved a student athlete who was pulled over after the officer accused the client of not coming to a complete stop. The officer ordered the client out of the vehicle and asked the client to do field sobriety tests. The client did well on the field sobriety tests but the officer arrested them for driving on drugs anyway and his blood was drawn. The matter was set for trial a few months out and just a week before the trial date the lab results came back indicating 1 nanogram of active marijuana.

As discussed above the machine has at least a 3 nanogram error rate. Again a completely sober person could register as having active THC in their system when in fact they did not.

Michigan Driving on Drugs Dismissed

After Michigan criminal lawyer, Aaron J. Boria has further negotiations with the prosecutor they agreed to dismiss the driving on drugs charge against our client. Our client will not have to go to trial, and he will never have this offense on his record.

Aside from the normal operating while intoxicated offense blood cases could have additional defenses:

Was the blood drawn properly?

Was the blood stored properly?

Was the blood handled properly by police and technicians?

Was there enough of the drug found to believe the results were reliable?  

If you have been charged with driving on drugs contact Michigan criminal lawyer Aaron J. Boria today for a free consultation. (734) 453-7806.
Drinking and Driving can be Defended

Drinking and driving lawyer, Aaron J. Boria, fights for his clients and gets extraordinary results that other lawyers simply cannot. Call (734) 453-7806 today for a free consultation. 

Many clients call my office for a drunk driving consultation and tell me that they had consumed a few drinks and drove their vehicle and they ask me if they should just plead guilty and take the punishment. The answer I give to these clients is “no”.

There are many other ways to defend a drinking and driving conviction. The burden is always on the prosecution to prove their case beyond a reasonable doubt, which means they have to present evidence of guilt. This also means that the evidence the prosecution uses against you must have been legally obtained.

That’s right, the police often obtain evidence illegally, sometimes intentionally and unintentionally, and try to use it against you. If you weren’t drinking, or weren’t drinking enough to have the blood alcohol level the police claim you may have a defense. If you weren’t the driver or it cannot be proven who the driver is you may have a good defense.  

There are three basic ways to challenge a drinking and driving offense.

Stopped for DUI

The police cannot pull you over just because they feel like it. The police must observe you commit a civil infraction such as speeding or failing to use a turn signal in order to stop you, or they must be able to articulate facts that suggest you were driving drunk such as swerving outside of the lane.

If the police cannot show a civil infraction or reasonable suspicion of drinking and driving then any evidence gained as a result of it must be suppressed, which would include evidence of blood alcohol. The case in turn should be dismissed.

Arrested for DUI

After police stop you they must meet a higher burden to arrest you, the burden is probable cause that a crime occurred and that you committed that crime. In order to meet this burden police will often ask that you perform filed sobriety tests.

Just as in cases where you are stopped for DUI the police must be able to articulate reasons they arrested you. If you preformed field sobriety tests, or didn’t perform them at all they may have a difficult time explaining why they arrested you and as a result the case could again be dismissed.

Testing for Alcohol

Just as in being stopped for drinking and driving and arrested for it the police must do so within the rules of law, failing to do so results in suppression of evidence and dismissal of the charges against you.

There are very specific rules for testing a person’s blood alcohol level and failure to do them correctly could again result in the dismissal of the case against you.

Drinking and Driving Lawyer

DUI lawyer, Aaron J. Boria, defends those accused of drinking and driving daily. Boria is certified in field sobriety testing as well as chemical testing. Boria attends classroom lectures regularly on cutting edge drinking and driving defense.

Boria knows the law and we know how to fight for our clients. In more than 90% of the cases we handle our clients charges are reduced from what they were charged with.

Recent results include felony drunk driving reduced to misdemeanors and misdemeanor OWI charges reduced to non drinking and driving offenses or even petty offenses. 

For a free consultation contact criminal lawyer Aaron J. Boria (734) 453-7806.

How do I get my license back after DUI?

If you have been convicted for at least two drinking and driving offenses in seven years the Secretary of State will classify you as a habitual offender and automatically revoke your license.

In order to get your driver license reinstated after multiple drinking and driving convictions you will need to request a driver license reinstatement hearing through the Secretary of State’s Administrative Hearing Section.

Driver license lawyer, Aaron J. Boria has restored countless clients driving privileges. Call Boria at (734) 453-7806 today to get back on the road.

You do not get your license back after a year automatically for DUI

Under the habitual offender rules, many people are under the false belief that your license will only be suspended for one year, which is not true. Many petitioners as well as lawyers unfamiliar with Michigan drinking and driving laws confuse the rules on Michigan driver license restoration. Your license is revoked for a minimum of one year but it does not get reinstated after a year.

Suspended License v Revoked License as a habitual offender

In a driver license suspension your privilege to drive is unavailable for a period of time. After that period of time the suspended driver can walk into any Michigan Secretary of State and pay a reinstatement fee and be on their way.

In a driver license revocation your privilege to drive is terminated indefinitely. A revoked driver cannot simply walk into the Secretary of State and seek a reinstatement. A revoked driver must attend a hearing at the Secretary of State and present evidence and meet a legal burden before they will be able to drive again.

The Driver Assessment and Appeal Division Hearing

A lot of preparation goes into the hearing. The process of restoring your license can be broken down into two steps. The first being the procedural step that involves gathering evidence and applying for the hearing and the second step involves presenting the evidence at the hearing in person.

Preparing for a Michigan Driver Assessment and Appeal Division Hearing

You are required to present a minimum of three support letters. You must also present a substance abuse evaluation, 10-pannle-drug screen, and other related documents. The documents are then sent to the secretary or state and a hearing will be set.

The Michigan Driver Assessment and Appeal Division Hearing

At the hearing you will present the evidence you gathered in step one. You will also have an opportunity to present testimony to the hearing officer and the hearing officer will have an opportunity to cross-examine you. You may also present a witness.

What do I need to prove to get my license back?

The burden in these cases is clear and convincing evidence. Under that burden you must show that you have not drank alcohol or abused drugs for a minimum or one year and will not ever use alcohol or abuse drugs ever again.

Michigan driver license lawyer

Don’t take on the Michigan Secretary of State Driver Assessment and Appeal Division alone. The paper work can be complicated. Many substance abuse evaluators are better than others. There is certain information your support letters must have for them to be accepted as evidence. There are also time limits on the materials and when they should be submitted.

The hearing can be complicated. The hearing officers deny hundreds if now thousands of petitioners every year. They are not their with a rubber stamp. You will be cross-examined and asked questions about everything from your friends to what is you keep in your medicine cabinet.

Do date Aaron J. Boria, PLLC, has yet to lose even a single DAAD hearing where we prepared our clients from beginning to end. We know the DAAD rules, we know the hearing officers, we know how to get your Michigan driver license back.

For more information on Michigan driver license restoration click here.

Call Michigan driver license restoration lawyer Aaron J. Boria today (734) 453-7806

 
DUI Penalties in Michigan

With groups like Mothers Against Drunk Driving making bold claims that the average drunk driver has driven drunk 80 times before their first arrest it is no wonder there is such a major crack down on drunk driving.

The National Highway Traffic Safety Administration (NHTSA) trains young police officers where the officers are provided with skewed statistics in order to increase the arrest rate.

We defend those accused of drunk driving all over Michigan with fantastic results. If you have been charged with DUI call criminal lawyer, Boria today (734) 453-7806.

We Don’t Judge Drinking Drivers

Unlike the statistics put out by MADD and NHTSA was have found that most people arrested for drinking and driving never intended to drive drunk. Most drinking drivers are responsible individuals with families, careers, and every day demands. Unfortunately, pressure on the legislature and judges from groups like MADD and others have resulted in more strict laws and harsher consequences for first time offenders.

Most offenders will commit the offense one time and never do it again, so stop being so hard on yourself. 

Drunk Driving Penalties in Michigan 

Many first time offenders do not realize how serious the charges against them are until they are in court.

Fines and costs along with secretary of state fees can total above $3,000.00, which does not take into account what 6 points on your driving record can do to your insurance.

In addition to the financial consequences the Michigan Secretary of State will suspend your license for 30 days followed by a 150-day restriction. If you commute to work, as most of us do, a drinking and driving conviction can be a death sentence for your career.

A first offense does carry the possibility of 93 days in jail. While jail time on a first offense used to be unlikely it has become a very real consequence in the last few years.

You will be denied entry into Canada for at least 5 years with a DUI conviction.

A DUI conviction can also effect your immigration status if you are not a citizen of the United States.  

Drinking and Driving Defense Lawyer Michigan

Don’t worry; there is hope for those of you that have been charged with drinking and driving. In almost every single drinking and driving cases we handle we have been able to successfully save our clients from having their license suspended.

Aside from damage control, we fight drinking and driving charges. If the police did not have a reason to stop your vehicle your case should be dismissed. If the police stopped you but did not have probable cause to arrest you then your case should be dismissed. If the police did not follow proper procedure when administering chemical testing your case could be dismissed.

If you have been charged with drinking and driving contact Michigan drinking and driving lawyer, Aaron J. Boria today for a free consultation. (734) 453-7806.
Drinking and Driving Lawyer – Michigan DUI

Being charged with drinking and driving is a terrible feeling. You may have feelings of anger, frustration, embarrassment, dread, or something else. Facing a DUI is a very confusing time and you probably have a lot of questions.

Michigan drinking and driving lawyer, Aaron J. Boria is experienced in defending DUI charges all over Michigan. Boria is here to guide you through the process and answer all of the hard to answer questions. 

Call (734) 453-7806 or shoot him an email at borialaw@gmail.com. Most of our clients tell us at the end of the case that they felt better about their situation after their first phone call with Aaron, that he put them at ease, relived their stress and restored some confidence. 

Drinking and Driving Lawyer – Michigan

Being convicted of a DUI means the loss of your driver license, massive fines, and could even mean jail time, not to mention a permanent mark on your driving record and your criminal record.

The video below may help to answer some basic questions you have about being charged with a DUI. 

Michigan DUI lawyer, Aaron J. Boria, has obtained reductions, dismissals, and not guilty verdicts.

Boria is certified in standard field sobriety testing, and has also completed courses in chemical testing and other advanced DUI defense trainings.

Boria cares about his clients and routinely meets with them and their families, meets with his clients in jail and always tries to return their phone calls within 48 hours or less.

We make sure to obtain all the evidence available in a client’s matter to find out if we can challenge the stop, the arrest, and the chemical testing. Why do we do this? If the stop, the arrest, or chemical testing is not done properly then your case will be dismissed. That’s right, even if everything you know about the case makes you believe you are guilty there is still the possibility of a dismissal. 

DUI Defense Lawyer

If you have been charged with drinking and driving your ticket may read OWI, which is short for Operating While Intoxicated, or .17 or Higher, which is Michigan’s newer Super Drunk Law.

These offenses are serious so you need a serious and experienced lawyer.

Whatever the charge may be Aaron J. Boria is ready to fight for you. Contact Boria today for a free consultation (734) 453-7806. 
Best DUI and Field Sobriety Testing Guide

Field sobriety tests are administered to determine whether or not police have enough probable cause to arrest you for driving under the influence of drugs or alcohol. The National Highway Traffic Safety Administration or NHTSA has established standardized and non-standardized field sobriety tests. This guide is to help you understand field sobriety testing when being investigated for DUI.

Standardized field sobriety testing include the One Leg Stand, Walk and Turn, and the Horizontal Gaze Nystagmus. 

Non-standardized tests might include counting backwards, saying portions of the alphabet, or a finger dexterity test. NHTSA does not necessarily condone these tests, but does state that they are not as effective as the standardized tests. 

NHTSA approved Field sobriety tests themselves can be difficult to preform sober, especially if you have had surgery on anything that could effect walking or balance, if you are performing the tests in high heels or dress shoes, or if the ground you are performing them on is slanted, icy, or covered in gravel. 

The standardized field sobriety tests are listed below and can be found in the U.S. Department of Transportation’s National Highway Transportation Safety Administration manual titled, DWI Detection and Standardized Field Sobriety Testing. 

Horizontal Gaze Nystagmus

Horizontal Gaze Nystagmus or HGN is the eye test a police officer may ask you to preform during the field sobriety testing to determine if you are driving under the influence of alcohol. 

The HGN test was created by the National Highway Safety Traffic Administration and is designed to detect clues of alcohol consumption. It cannot determine the amount that was consumed although some believe that a blood alcohol estimate can be made. 

Did I Pass the Horizontal Gaze Nystagmus test?

Many clients believe that they have passed the HGN eye test when in fact they have not. The officer is not testing your ability to follow his pen and keep your head straight. 

Nystagmus is an involuntary jerking of the eye. There are many causes of Nystagmus; alcohol consumption is one of them, which is why it is used to detect drunk driving. 

If you are exhibiting signs of alcohol consumption your eyes will not be able to smoothly purse the stimulus and will involuntarily jerk. If your exhibit the clues nystagmus you did not pass the HGN test. 

The officer is looking for six “clues” of intoxication, three in each eye. 

Lack of Smooth Pursuit – The officer moves the object from the center of the subject’s face towards their ear. The eye should smoothly follow the object, but if the eye exhibits nystagmus, the officer notes the clue. The officer then checks the other eye. This test is repeated. 

Distinct Nystagmus at Maximum Deviation – Starting from the center of the suspect’s face, the officer moves the object toward the left, bringing the eye as far over as possible, and holds the object there for four seconds. The officer notes the clue if there is a distinct and sustained nystagmus at this point. The officer holds the object at maximum deviation for at least four seconds to ensure that quick movement of the object did not possibly cause the nystagmus. The officer then checks the right eye. This test is repeated. 

Angle of Onset of Nystagmus Prior to Forty-Five Degrees – The officer moves the object at a speed that would take about four seconds for the object to reach the edge of the suspect’s left shoulder. The officer notes this clue if nystagmus begins prior to maximum deviation Forty-five degrees from center is at the point where the object is in front of the tip of the subject’s shoulder. According to NHTSA, if the officer observes this clue, there is a greater likelihood that the driver’s blood alcohol content is a .08 or more. 

If the HGN wasn’t preformed properly the jury should disregard it. 

Walk and Turn

The walk and turn is broken down into two stages: the instructional stage, and the walking stage. 

In the instructional stage the subject has to stand with their feet heel-to-toe, with their hands at their side, while the officer explains the instructions. 

In the walking stage the subject walks nine heel-to-toe steps, turns on their front foot while using the read foot to take several small steps. 

The test is broken down into eight clues that indicated impairment: 

Cant balance during instructions

  • Starts too soon
  • Stops while walking
  • Doesn’t touch heel-to-toe
  • Steps off the line (could be imaginary)
  • Uses arms to balance
  • Loses balance on the turn or turns differently than told
  • Takes the wrong number of steps

NHTSA considers the person to have failed the Walk and Turn if they step off the line three or more times, they are in danger of falling, or they cannot preform the test. In a police report it is common for an officer to comment on how a person preformed on the test but never conclude whether or not they passed or failed the test. 

One-Leg Stand

The walk and turn is broken down into two stages: the instructional stage, and the balance and counting stage. 

In the instructional stage the subject stands with their feet together, with their hands at their sides, while the officer explains the instructions. 

In the balance and counting stage the subject raises one leg, and holds it roughly six inches off the ground while counting out loud for 30 seconds. 

The test is broken down into four clues that indicate impairment: 

  • Sways while balancing
  • Uses arms to balance
  • Hops
  • Puts foot down

NHTSA considers the person to have failed the One Leg Stand if they put their foot down three or more times, or they cannot preform the test. The NHTSA manual doesn’t mention accurate counting but officers will mark someone down if they cannot count correctly. 

Attorney Boria has been certified through the same NHTSA training as police. Attorney Boria is also trained in chemical testing and spends countless hours each year in continuing education and training for criminal defense.