By Attorney James Czarnecki|Czarnecki & Taylor PLLC|Nov 2, 2022
Michigan has some of the country’s strict drinking and driving laws, and prosecutors take these cases very seriously. If you have been charged with drinking and driving, you may feel worried and uncertain about what will happen next. However, it is essential to remember that you have the right to a fair trial, and there are ways to win these cases. In this article, we explain how we win Michigan drunk driving cases. An experienced lawyer will know how to build a strong defense and challenge the prosecution’s evidence. In many cases, it is possible to negotiate a plea deal or have the charges dismissed entirely. With the help of a skilled attorney, you can fight for the best possible outcome in your case.
Throughout our career, we have seen every type of drunk driving case. The cases ranged from the “average” drunk driving to OWI cases charged as murder. Even if you did drink and drive, you have the right to the same defenses as an innocent person. The prosecutor still has to prove your case beyond a reasonable doubt.
We have assisted many defense attorneys regarding 4th amendment issues and legal arguments related to OWI defenses. How we win Michigan drunk driving cases comes down to challenging the evidence, conducting motion hearings, and jury trials. It comes down to this: an attorney has to work to get winning results.
There is a method how we win Michigan drunk driving cases
First of all, our team of experienced DUI lawyers knows the ins and outs of the Michigan court system. We know what it takes to build a strong defense and how to get the best possible outcome for our clients.
Second, we’re not afraid to take on tough cases. We’ve represented clients who have been charged with DUI after being involved in severe accidents and successfully defended clients facing multiple DUI charges. No matter how complex your case may be, we’ll do everything we can to help you win.
Finally, we’re committed to providing our clients with the best possible customer service. We know that being charged with a DUI can be a stressful and overwhelming experience, and we’ll do everything we can to make it as stress-free as possible. We’re here for you every step of the way, and we’ll always be available to answer your questions and address your concerns.
Unfortunately, there are many defense attorneys who do not file a discovery request. These same lawyers do not write, file, and arguments motions in court. If they do not do that, they definitely do not go to trial. When it comes to a preliminary examination in felony cases, they do not hold it. Instead, they waive it.
How we win Michigan drunk driving cases methodology
We handle Michigan drunk driving cases differently than most law firms. We have a proven methodology that has resulted in winning a vast majority of our Michigan DUI cases, and we believe this is the best way to protect your interests and ensure the best possible outcome in your case.
Our first step is always to get as much information as possible about the situation leading up to your arrest. If possible, this means talking to witnesses, reviewing police reports, and examining any other evidence that may be pertinent to your case.
Once we have a clear understanding of the facts, we work with you to develop a strong defense strategy. We utilize every available resource to challenge the prosecution’s case against you and build a compelling argument for why you should not be convicted of drunk driving.
Guide to Macomb County drunk driving charges.
We analyze why the police stopped you.
When it comes to drunk driving, the police usually write in their report that they have a good reason for stopping you. There are a few ways that the police can tell if someone is drunk. First, they look for signs of impairment, such as slurred speech or difficulty standing. Second, they may administer a field sobriety test designed to see if you can perform simple tasks like walking in a straight line or touching your nose. Finally, they may give you a breathalyzer test to measure the amount of alcohol in your system.
The National Highway Traffic Safety Administration lists the following behavior that may be indicators of drunk driving:
Problems Maintaining Proper Lane Position
• Weaving
• Weaving across lane lines
• Straddling a lane line
• Swerving
• Turning with a wide radius
• Drifting
• Almost striking a vehicle or other object
Speed and Braking Problems
• Stopping problems (too far, too short, or too jerky)
• Accelerating or decelerating for no apparent reason
• Varying speed
• Slow speed (10+ mph under limit)
Vigilance Problems
• Driving in opposing lanes or wrong way on one-way
• Slow response to traffic signals
• Slow or failure to respond to officer’s signals
• Stopping in lane for no apparent reason
• Driving without headlights at night
• Failure to signal or signal inconsistent with action
Judgment Problems
• Following too closely
• Improper or unsafe lane change
• Illegal or improper turn (too fast, jerky, sharp, etc.)
• Driving on other than the designated roadway
• Stopping inappropriately in response to officer
• Inappropriate or unusual behavior (throwing, arguing, etc.)
• Appearing to be impaired
There are many reasons why the police may pull you over for suspected drunk driving. However, there are also many ways to challenge these reasons and avoid a conviction.
One common reason for a stop is if an officer observes you driving erratically. This can be anything from swerving in your lane to speeding. If the officer does not have enough evidence to prove that you were actually intoxicated at the time of the stop, then you may be able to get the charges dropped.
Another common reason for a drunk driving stop is if you are involved in an accident. Even if you were not at fault for the accident, the police may still suspect that you were intoxicated. However, if there is no evidence of intoxication (such as an odor of alcohol on your breath or slurred speech), then it may be difficult for the prosecution to prove that you were drunk.
If you are pulled over and the police believe that you are intoxicated, they will likely administer a field sobriety test. These tests are notoriously inaccurate, and there are many ways to challenge them. If you perform poorly on the tests, it does not necessarily mean that you are guilty of drunk driving.
Read why sober people fail field sobriety tests.
What does the officer look for when they stop you?
Typically the officer is looking for signs of impairment. This can include slurred speech, difficulty standing or walking, or the smell of alcohol on your breath. If the officer believes you may be impaired, he or she will likely ask you to step out of the vehicle to perform a field sobriety test. Police officers will always note the following signs of impairment:
- Glassy eyes
- Odor of intoxicants
- slurred speech
- A flushed face
- Disoriented movement when getting identification
- Failure to follow officer’s directions
- Staggering when exiting vehicle
- Swaying or leaning when standing outside your vehicle
- Demeanor
- Inability to recall your location
- Stumbling
We conduct our own investigation.
When we’re conducting our own drunk driving investigations, we take a variety of factors into account. We don’t just rely on the results of a breathalyzer test – we take into account the driver’s behavior, the circumstances of the stop, and any other evidence that might be relevant.
We know that every drunk driving case is different, and we treat each one accordingly but in each case we take the following steps:
- File a detailed discovery request and/or FOIA
- Obtain dash-cam video
- Obtain breathalyzer video
- Determine if 911 calls exist
- Listen to dispatch calls if available
- Interview you to learn what happened
- Analyze the field sobriety tests recorded on video or detailed in officer’s report
- Go to the scene of an accident or traffic stop
- Interview witnesses
- Read the police reports and compare them to your version of events
- Determine if there are legal defenses based on the officer’s verion of events or dash-cam
- Do you have a medical condition that may affect the results of breath tests
- Determine whether the officer had reasonable suspicion to stop your car.
- Determine whether the officer administered the PBT or breathalyzer correctly.
- Did the police properly maintain the breathalyzer machie based on MSP protocols
- Did the officer administer the breathalyzer to you properly
- Were you observed continuously for 15 minutes before taking breathalyzer test
- Hire accident reconstructionists or other experts as necessary
How we win Michigan drunk driving cases by legal challenges
We win Michigan drunk driving cases by legal challenges. There are many ways to challenge a drunk driving charge in court. We have successfully used the following methods to get our clients’ charges dismissed or reduced.
The first way to challenge a drunk driving charge is by questioning the arresting officer’s conduct. For example, we have challenged officers who did not have probable cause to stop our clients. If the officer did not have a valid reason for stopping our client, anything that happened after the stop cannot be used as evidence against our client. This can often lead to the entire case being thrown out.
Another way to challenge a drunk driving charge is by attacking the sobriety tests that were performed on our clients. There are many ways to do this, but one standard method is to show that the tests were not performed correctly. If we can show that the tests were not conducted correctly, then the results of those tests cannot be used as evidence against our clients.
Yet another way to challenge a drunk driving charge is by casting doubt on the accuracy of the breathalyzer test. Breathalyzer machines are not perfect, and they can often produce inaccurate results. We have successfully challenged breathalyzer results by showing that the machine was not calibrated properly or that the operator did not follow proper procedure.
What follows are other methods that can be employed to challenge a Michigan drunk driving case:
- Challenge the traffic stop on 4th Amendment grounds
- File motions challenging the chemical test accuracy.
- File a motion attacking the field sobriety tests
- File a motion challenging the field sobriety tests.
- File motion to suppress your incriminating statement
- Challenge the validity of the PBT performed on the side of the road.
- File regarding the evidence or lack of production
- Discuss your case with the prosecution to resovle a plea
- Set the case for trial
- Appeal
When available, we can challenge your Michigan OWI charge by focusing on four different aspects: (1) the traffic stop, (2) the arrest’ (3) the evidence, and (4) at trial.
When challenging a traffic stop, we may be able to show that the police officer did not have a valid reason to stop you. A police officer cannot stop you for a traffic violation without a legitimate reason. If we can show that the officer lacked a reason to stop you, your case might be dismissed.
Challenging the officer’s claim of probable cause for your arrest is an essential step in protecting yourself. When the police cannot show that there are enough grounds to believe you committed a crime, the arrest may not be valid. The police officer has the duty of showing that there is enough reliable information for your arrest.
When you go to trial, your attorney must be able to show the jury that you should be found not guilty by negating any element of a drinking and driving charge. If your attorney can negate just one of the elements of a Michigan drunk driving charge – you cannot be convicted.
The element of a Michigan OWI are: (1) 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. MCL 257.625(1).
Although breathalyzer tests are one of the prosecutor’s best weapons to show a person was drunk driving, the tests can be challenged. When challenged, the prosecution must show that the breathalyzer has been appropriately calibrated and maintained, that the officer has been certified and that the officer followed proper procedures.
Eliminating just one element means the prosecutor cannot convict you of a Michigan OWI offense. So, we win Michigan drunk driving cases through hard work and attention to detail. Human beings are not infallible. Police officers and prosecutors make mistakes. The science behind chemical tests can be challenged. In all of our cases, we resolve them in a beneficial and favorable way for our clients.
As stated earlier, we will go to trial for you unlike most defense attorneys. If you retain our office, we will go all the way for you.
We attribute our success to our experience, our knowledge of the law, and our dedication to our clients. Lastly, we work harder than other attorneys.
If you’ve been charged with drinking and driving, you may be feeling scared and alone. But you don’t have to face this challenge alone. We’re here to help you every step of the way. We know the law, and we know how to build a strong defense for our clients. We’ll work tirelessly to get you the best possible outcome in your case. Learn more on how to fight a DUI.
At Czarnecki & Taylor, we have an impressive track record of success in representing people charged with all types of crimes. What sets us apart from other defense attorneys is that we truly care about each and every one of our clients and work tirelessly to ensure that they receive the best possible legal representation. Whether you are facing a misdemeanor or felony charge, we will do everything in our power to help you achieve a positive outcome in your case.
If you need more information read about some frequently asked questions.
We listen to you. We identify issues. We create solutions.
If you are facing an OWI charge we can help you. Unlike most criminal firms, Czarnecki & Taylor’s ability to handle complex cases that require specialized knowledge and experience is hard to beat. Our firm’s impressive track record for success and aggressive Michigan criminal defense is unparalleled for achieving exceptional results.
Czarnecki & Taylor PLLC’s experienced attorneys will handle your case with care and help you through every step of the process. 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.
Contact us to get straight answers about your DUI case. We offer:
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