Get Your Michigan OWI Dismissed

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 3, 2022

Get your Michigan OWI dismissed.
Get your Michigan OWI dismissed.

If you’re charged with a Michigan OWI offense (Operating While Intoxicated), you most likely feel nervous and unsure how to handle the case. You have options, and one option is to get your Michigan OWI dismissed. “But, I thought if I was arrested there is no defense to an OWI, right?” Not true.

If you have been arrested and charged with operating while intoxicated (OWI) in Michigan, you may wonder if there is any way to get your Michigan OWI dismissed. The answer is that it is possible, but it isn’t easy. Among other strategies, you could show that the arresting officer did not have probable cause to believe that you were operating a vehicle while under the influence of alcohol or drugs.

Often, a person charged with drunk driving believes there is no defense to the charge. Many attorneys also believe that which is why they never bother exploring the many options available as a defense. Guide to Macomb County OWI.

A Michigan OWI charge is often based on the arresting officer’s observations and opinions. It is legal to have a drink and drive. It is not a zero-tolerance crime. Nevertheless, a police officer believes you committed the offense because in their opinion alcohol affected your ability to operate a motor vehicle.

Many defenses could get your Michigan OWI dismissed. However, a qualified attorney must review your case to identify the legal reasons. An experienced OWI attorney will know the law and the Michigan court system and will be able to help you build a strong case to get your Michigan OWI dismissed. Read some Michigan OWI frequently asked questions.

One point is clear. Do not expect that the prosecutor will dismiss your OWI because you’ve never been in trouble before or because you’re going to lose your job. It doesn’t matter.

Ways to get your Michigan OWI dismissed

If you have been charged with operating while intoxicated (OWI) in Michigan, there are a few ways that you can get the charges dismissed or fight an OWI. One way is to prove that you were not intoxicated at the time of the offense. This can be done by showing that the results of a chemical test (e.g., blood or breath test) were inaccurate. Another way to get OWI charges dismissed is to prove that the police officer who arrested you did not have probable cause to do so.

Finally, you may be able to get the charges dismissed if you participate in a substance abuse evaluation and your attorney writes a deviation request to the prosecutor. This strategy depends on the facts of each particular case and the blood alcohol level. If you successfully get the Michigan OWI dismissed, you will not have a criminal record for drunk driving.

So how can you get your Michigan OWI dismissed? Essentially, there is only one way: litigate. You must bring legal challenges to the prosecutor’s case. This means:

  • challenge the traffic stop -the police did not have a valid reason to initiate a traffic stop
  • challenge the breathalyzer or blood test – the tests were not administered properly and are not admissible.
  • challenge the field sobriety tests
  • use the dash-cam to refute the officer’s written reports
  • challenge the officer’s conduct during the traffic stop
  • Anonymous caller made a false report stating that you were driving erratically
  • Unlicensed or improperly trained breath test operator
  • Improperly calibrated breathalyzer
  • Alcohol level was not over the legal limit at the time of operation
  • Misleading and erroneous statements by police officers

The defenses are not available in every Michigan OWI case, but they exist frequently. You are not automatically guilty because you have been arrested for drinking and driving. These are not the only defenses. An experienced attorney may be able to uncover other defense after reviewing your case.

For example, our office knows that the field sobriety tests used by the police to determine impairment are unreliable and not supported by science. These tests cannot correctly determine if a person is intoxicated. Read why sober people fail field sobriety tests.

We also work to expose false breath and blood test results by determining if the police improperly administered the test or failed to follow proper procedure. Also, the instruments used to determine a person’s blood alcohol content must be properly calibrated and operated. They can malfunction without warning.

If you are charged with a Michigan OWI, do not lose hope. There are strategies to fight the charge to get your Michigan OWI dismissed. You should find a qualified defense attorney who will do everything to attack the prosecution’s case. With hard work and dedication, you may be able to get your case dismissed.

However, you will need to hire an experienced criminal defense attorney to have any chance at a dismissal. A experienced attorney will investigate the circumstances of the traffic stop, your arrest, and testing, and look for any evidence that can get the charges dismissed.

Czarnecki & Taylor OWI Defense Process

We know that a Michigan OWI charge causes stress. We can help reduce your stress or anxiety by working to protect your rights and fight to get your OWI dismissed. The criminal court process can be confusing and overwhelming.

Fortunately, there are several defenses that we may be able to raise on your behalf. The following is a brief overview of our OWI defense process.

The first step in any criminal defense case is investigating the facts and circumstances surrounding the arrest. This includes reviewing the police report, talking to witnesses, and examining evidence favorable to the defendant.

Next, we will file any necessary motions with the court. These motions can challenge the evidence, challenge the validity of the traffic stop, or seek to have the charges dismissed.

If the case goes to trial, we will work to prepare a strong defense and present it in court. This may involve challenging the prosecution’s evidence, cross-examining witnesses, and calling witnesses on your behalf.

The goal of any criminal defense case is to obtain a dismissal of the charges or an acquittal at trial. However, even if a defendant is convicted, there may be grounds for appeal. Our experienced OWI attorneys can evaluate your case and advise you of your appeal options.

Effectively navigating a Michigan OWI charge and its consequences begin with preparation. During our first meeting with you, we want to learn about the facts of your arrest. We also want to know how an OWI will affect your life so that we can provide solid legal advice on your next steps.

We work with you to create a detailed plan of action. Achieving the best result on your case means we possess all the necessary information to help make important decisions on the best defense. When we take your case, we are your primary source of information for your questions regarding your Michigan OWI. We answer every one of them.

We understand that every OWI case is different. Based on that reasoning, we determine the best approach to take on your specific case. Even though each case is unique, there are common defenses that show up often. Over the years, we have developed a detailed methodology for OWI defense.

  • Plan of Attack – we develop a personalized plan of action based on the facts
  • Save your license – we work on ways to save reinstate your driver’s license
  • Consequences – we explain the impact an OWI may have on your life
  • Investigation – We gather all of the evidence and reports; we go beyond the investigation done by the police
  • Interview Witnesses – we will locate and speak with relevant witnesses if necessary
  • Medical History – gather information from you regarding your medical history to determine if it had any impact on this case, for example, blood alcohol level
  • Photographs – we investigate the scene of the traffic stop or accident and document it ourselves through photos
  • Playing prosecutor – we look at the case from the viewpoint of the prosecutor and police to see how they plan to prosecute you; by doing so, we plan our defense by finding weaknesses in their approach
  • Experts – if necessary we can speak with experts such as accident reconstructionists, breathalyzer experts, toxicology laboratory technicians, etc.
  • Substance abuse evaluators – we can refer you to substance abuse evaluators, treatment programs, Alcohol Safety Classes, ignition interlock providers, counseling services all to minimize the consequences or use as material to help get your OWI charge reduced or dismissed
  • Attorney Expertise – our lawyers attend seminars, training, obtain literature, read studies, read new cases, get cutting edge information, all to stay on top of the field of drunk driving defense. Education never stops.

Read more on how we win Michigan OWI cases.

Get your Michigan OWI dismissed by deviation request.

What is a deviation request?

If there are no legal challenges that work to get a Michigan OWI dismissed, there are other options. A deviation request is a written letter with supporting documents requesting the prosecutor to reduce your OWI that under normal circumstances would not get reduced. This would mean getting your OWI dismissed and reduced to some other charge. Deviations are not available in every case. A deviation highly depends on the facts of each case.

A Deviation Request is a detailed package written by a lawyer highlighting your positive attributes, such as employment, education, family background, community involvement, etc. Often, the letter will discuss the potential problems with the prosecutor’s case. A successful deviation request requires tremendous persuasive skill. Your attorney can advise you on what documents and evidence will be needed. Also, there might be other steps you can take to build a successful deviation request. Only your attorney can explain what needs to be done.

Read more on how Czarnecki & Taylor wins drunk driving cases.

Contact us.

You are not automatically guilty of an OWI simply because you have been arrested. At Czarnecki & Taylor, our lawyers understand the most effective strategies to defend you against drunk driving charges. We will utilize every legal challenge available to have your OWI dismissed or reduced. If necessary, we will go to trial.

Our firm’s impressive track record for success and aggressive Michigan criminal defense is unparalleled for achieving exceptional results.

This article is based on our experience handling many Michigan OWI cases in the tri-county area including but not limited to the following courts:

Contact Czarnecki & Taylor

If you are charged with a Michigan OWI, Czarnecki & Taylor are here to help. We are available 24/7 at (586) 718-2345 for a free initial consultation.

Schedule a free consultation.

Discuss your case and facts to learn information about your situation.

Get a plan designed personally for your case.

Get a thorough and detailed plan of action with the purpose of getting the best outcome on your case.

Let your defense begin now.

Work with lawyers who are dedicated to your defense. We understand that being charged with a crime can be stressful and overwhelming. We will be by your side every step of the way providing guidance and support.

Contact czarnecki & taylor pllc