How to Fight a Michigan DUI and Win.

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 4, 2022

If you find yourself facing a DUI charge in Michigan, your first question may be, “How can I fight a Michigan DUI and win?” It can be a complex situation. However, with proper knowledge and assistance, you may be able to effectively contest the charges. The initial step is to acquaint yourself with the DUI laws in Michigan. Since the charges and consequences vary based on your specific case, it is crucial to comprehend the exact nature of the charges against you.

Getting a DUI in Michigan can lead to severe outcomes. Upon conviction, you could be subjected to fines, imprisonment, and the suspension or revocation of your driver’s license. Moreover, this offense can negatively impact your job and insurance costs, underscoring the importance of taking appropriate measures to contest the charges.

When dealing with a DUI charge, it is crucial to consult with a skilled lawyer. A knowledgeable DUI attorney can guide you through the laws and consequences relevant to your case, as well as assist in creating a robust defense against the allegations. Based on the specifics of your situation, an attorney might be able to negotiate with the prosecutor to minimize or dismiss the charges. Alternatively, they can advocate for your innocence during trial.

If you have been charged with a DUI in Michigan, there are several ways you can challenge the accuracy of the breath or blood tests for your BAC, such as police mistakes, health conditions, and violations of your constitutional rights. These defenses can be employed to fight against the charges and have your case dismissed expeditiously. A skilled DUI defense lawyer can safeguard your constitutional rights and identify any flaws in the prosecutor’s argument, giving you an upper hand.

Defenses used to fight a Michigan DUI.

When facing a Michigan DUI charge, it’s crucial to understand the defenses that can be used to fight your case. There are several strategies that skilled attorneys can employ to challenge the prosecution’s evidence and protect your rights. One common defense tactic is questioning the initial traffic stop. If it can be proven that the police officer lacked probable cause to pull you over, the entire arrest may be deemed unconstitutional. Additionally, challenging the accuracy of field sobriety tests and breathalyzer results can cast doubt on the reliability of the evidence against you. Remember, fighting a Michigan DUI requires a comprehensive understanding of the law and a strong defense strategy tailored to your specific circumstances. So, if you find yourself facing these charges, it’s essential to seek the guidance of a reputable DUI attorney who can effectively fight for your rights.

When charged with a Michigan DUI , one of the first questions you should ask is what types of defenses are available to you. This is where you will need the assistance of a qualified attorney who knows the legal defenses for DUI cases. An experienced defense lawyer knows strategies that have been perfected with time and experience.

A DUI charge can be a frightening experience, but it is important to remember that you are not alone. There are many ways to fight a Michigan DUI charge, and with the help of an experienced attorney, you can often avoid severe penalties.

There are several ways to challenge a DUI charge. Common defenses include:

• Challenging the officer’s grounds for stopping you
• Proving that you were not actually impaired
• Arguing that the breathalyzer or other tests were administered incorrectly
• Suppression of evidence
• Suppression of incriminating statements
• Using expert testimony to refute the blood alcohol level results
• Challenge field sobriety test results

Defenses based on police officer mistakes

If you’re looking to fight a Michigan DUI charge, one potential defense strategy to consider is based on police officer mistakes. It’s important to remember that police officers are human, and like anyone else, they can make errors during the course of their work. These mistakes can range from improper administration of field sobriety tests to inaccurate breathalyzer readings. By thoroughly examining the details of your case and working with an experienced Michigan DUI lawyer, you can identify any mistakes made by the arresting officer and use them to challenge the validity of the charges against you. Remember, even a small mistake by the police officer could make a significant difference in the outcome of your case. So, if you believe an officer may have made a mistake during your arrest, don’t hesitate to bring it up with your attorney and explore how it can be utilized in your defense.

At Czarnecki & Taylor , we have found mistakes committed by the police most times. It is essential to know that some errors are more significant than others. However, finding the mistakes is important to formulating a strong defense.

Police mistakes typically fall into three categories:

• Constitutional violations
• Michigan State law violations
• administrative violations

Challenge the traffic stop.

An example of a constitutional violation relates to an improper traffic stop. If the police do not have reasonable suspicion to stop your vehicle for erratic driving, the evidence obtained from the illegal stop can be suppressed. For example, if a police officer argues that he witnessed a person driving erratically as a basis for the arrest and search, evidence can be obtained to verify or challenge the stop. In many cases, when we got the dash-cam video, the evidence showed that the person drove perfectly. As a result, the police did not have the legal authority to stop our client. Without “reasonable suspicion” to believe that you violated the law, a police officer is not allowed to stop you.

Challenge the validity of blood alcohol level tests.

In other cases, we challenged the validity of the breath alcohol tests performed at the police station. A breathalyzer test is used to determine whether a person’s blood alcohol is over .08 or more. But, the results are not always accurate. There are many reasons why a breath or blood test result may be invalid, inaccurate, or unreliable. 

An example of an administrative violation relates to an officer’s violation of the protocol used for administering the breathalyzer test. If the officer conducting the test did not follow proper procedures to ensure a valid test, the blood alcohol breath results can be challenged in court. For example, we challenged the blood alcohol results in one particular case because the breathalyzer machine had not been properly maintained. During the discovery process, we received the Datamaster logs compiled by the police. As we analyzed the evidence, we determined that the breath test machine had not been adequately calibrated for over a year. As a result, the blood alcohol test was not reliable evidence. The prosecutor agreed to dismiss the case and offer our client a civil infraction.

Challenge the PBT .

The roadside preliminary breath test can also be challenged if the officer does not follow proper procedure. The Michigan Court of Appeals has indicated, in an unpublished opinion of  People v. Adam Robe , that a failure to wait 15 minutes before administering the preliminary breath test (PBT) on the side of the road meant that the trial court could not consider the PBT in determining if the arrest is valid. This ruling lead to the dismissal of the intoxicated driving causing serious injury charges pending against the Defendant in that case.

Challenge field sobriety tests.

Field sobriety tests are not reliable indicators of intoxication. The problem is that the FSTs are highly inaccurate and subjective. When the police ask a person to perform field sobriety tests on a hill, in bad weather, or on a busy, distracting road, these factors will negatively alter the results. As defense attorneys, we have extensive knowledge of how prosecutors will attempt to use this evidence.

Field sobriety tests can be challenged because there are no standardized rules for these tests. Of course police are required to follow guidelines when administering the test, however, studies have shown that field sobriety tests are inaccurate, unreliable, and subjective.

Many people don’t realize that the situation and environment in which the tests are conducted affects the outcome of the field sobriety tests. Further, police officers often make mistakes while conducting these tests that make the evidence inadmissible against you. Also, the officer subjectively determines whether you passed the test or failed it. The tests are open to interpretation. There is almost always something we can use from these tests to help your case.

Learn why sober people fail field sobriety tests .

Fight a Michigan DUI Based on Factual Defenses

If you find yourself facing a Michigan DUI charge, it’s crucial to understand that there are factual defenses available to help you fight the case. These defenses rely on presenting solid evidence and challenging the accuracy of the prosecution’s claims. One common factual defense is questioning the validity of the initial traffic stop. Law enforcement officers must have reasonable suspicion or probable cause to pull you over. If it can be proven that the officer lacked a valid reason for the stop, it could lead to the dismissal of your DUI charge. Additionally, challenging the accuracy of field sobriety tests and chemical tests can be effective. These tests are not foolproof, and errors or inaccuracies can occur. By presenting evidence that raises doubts about the reliability of these tests, you can weaken the prosecution’s case against you. Remember, fighting a Michigan DUI charge requires careful examination of the facts and the guidance of an experienced attorney who specializes in DUI defense.

The judge or jury decides factual disputes. An example of a factual defense is related to whether an individual was actually operating a motor vehicle. A jury must find a person not guilty if the prosecution does not present sufficient evidence that the individual was driving the car.

In order to convict someone of operating while intoxicated under MCL 257.625(1), the prosecution must prove beyond a reasonable doubt that:

the defendant operated a motor vehicle (2) on a highway or other place open to the general public or generally accessible to motor vehicles (3) while under the influence of liquor or a controlled substance, or a combination of the two, or with a blood alcohol content of 0.08 grams or more per 100 milliliters of blood.

People v Hyde, 285 Mich App 428, 448; 775 NW2d 833 (2009)

We have won cases where the prosecutor did not present evidence that our client was the car’s driver. Specifically, the prosecutor could not present evidence supporting the necessary “element” of operation.

In one example, our client was found asleep in the backseat of his vehicle, that had been driven into a ditch. When the police arrived on the scene, they found our client asleep. Our client informed the police that he did not drive the vehicle. He explained that he let a friend drive him home but the friend must have fled the scene. The police impounded our client’s truck and would not return it until he provided the name of the person who drove. Our client refused. In essence, the police tried to intimidate our client into providing the name of his friend. To fight the police on this issue, we filed a lawsuit against the sheriff’s department to get his truck back for him. We prevailed. The truck was returned and the case had been dismissed.

Fight a Michigan DUI based on Michigan case law

If you’ve been charged with a DUI in Michigan, you may feel overwhelmed and uncertain about the potential consequences. However, understanding the defenses based on Michigan case law can provide you with a glimmer of hope in your fight against this charge. Michigan case law has established various defenses that can be utilized to challenge the validity of the evidence against you. From questioning the accuracy of breathalyzer tests to challenging the legality of the traffic stop, these defenses can be instrumental in helping you win your DUI case. By hiring an experienced attorney who is well-versed in Michigan DUI case law, you stand a better chance of building a strong defense and ultimately achieving a favorable outcome. So, don’t lose hope – fight your Michigan DUI with the help of a skilled attorney to ensure your rights are protected and put up a fight you can win.

Here is an interesting defense that many defense attorneys do not use either because they do not know about the law or do not know how to argue the law to the court.

Even though your vehicle was running and you were sitting behind the steering wheel when the police found you, it does not automatically mean you were operating the vehicle. A person may sleep in a car to stay warm with the engine running. This scenario does not prove drunk driving because the person was not moving or putting others at risk.

There is a legal defense to a DUI even when a person admitted to drinking and driving. In other words, a person may be able to fight a Michigan DUI even though they were over the legal limit and drove their vehicle. We have used this defense several times to get our clients’ cases dismissed.

This defense is based on Michigan case law. For example, if you were sleeping in your car in a parking lot, the police might arrest you for an attempted DUI but the court may grant a motion to dismiss based on case law. In cases involving an unconscious or asleep driver, Michigan courts define “operating,” as used within the operating while intoxicated statute, in terms of “risk of collision.”

The Michigan Supreme Court found that even where a person is asleep or unconscious in a motionless vehicle if the vehicle poses a risk of collision because it is likely to be moved, that person continues to operate the vehicle until it is in a position where it no longer poses such a risk.

However, if a vehicle is no longer in a position posing a significant risk of a collision when the police arrive and the defendant did not have the specific intent to drive while intoxicated, the defendant is not operating the vehicle, even where they admitted to driving while intoxicated. People v Burton, 252 Mich App 130, 141, 143-144; 651 NW2d 143 (2002) . Notice that the law states that a person may not have the intent to drive while intoxicated even where the person admits to being intoxicated.

In one example, we had a client that had consumed alcohol and was presumably over the legal limit. He drove a couple of miles, pulled into a parking lot, and went to sleep. He safely parked the car off of the road. After an evidentiary hearing, based on the case-law cited above, the court dismissed the case because the evidence did not support our client’s intent to drive while intoxicated even though he admitted to drinking before driving.

Our client’s vehicle had been parked and posed no danger of collision as is required by the holding in Burton. 

Suppression of incriminating statements

The importance of reading Miranda rights to suspects during an arrest is rooted in the United States Constitution and the Fifth Amendment’s guarantee against self-incrimination. The Miranda warning, as it is commonly known, informs individuals that they have a right to remain silent and can consult with an attorney before answering any questions relating to their arrest.

There are several reasons why the police should always read Miranda rights to suspects during an arrest. First, it helps to ensure that suspects’ rights are protected and that they do not inadvertently or intentionally incriminate themselves. Additionally, by reading Miranda rights, the police can help reduce the risk of false confessions and other potential issues that could arise from a failure to advise suspects of their rights.

If police fail to read you the Miranda rights, your incriminating statements may be suppressed.

We listen to you. We identify issues. We create solutions.

If you’re accused of drunk driving in Michigan, make it a priority to reach out to a skilled OWI lawyer promptly. During this challenging period, having legal support can greatly impact whether your case turns out in your favor.

Why choose our firm for an OWI attorney? We have extensive expertise in handling such cases and are skilled at crafting robust defenses. We possess insights into the prosecution’s potential evidence and can devise effective strategies to refute their arguments.

Another reason why you should work with an OWI attorney from our firm is that we can help you navigate the complex legal system. If your case goes to trial, we will be there every step of the way to offer guidance, support, and advice as we move forward. We have extensive knowledge of Michigan law surrounding OWI cases and can ensure that all your rights are protected throughout the process.

If you are facing charges for operating while intoxicated in Michigan, contact an experienced OWI attorney at our firm right away. We will work on your behalf to help you achieve a favorable outcome to your case. To learn more about how we can assist you, contat Czarnecki & Taylor PLLC’s experienced attorneys.

For a free consultation, call us today at (586) 718-2345 or  online  for a prompt response. We are available 24/7 and have weekend and evening appointments.

We offer:

• Free consultations
• We accept all major credit cards.
• Zoom consultations
• Evening and weekend hours available

We offer:

• Free consultations
• We accept all major credit cards.
• Zoom consultations
• Evening and weekend hours available