If you have been charged with a DUI in Michigan, it is important to know that you have options and there are ways to fight the charges.
A DUI can have serious consequences, including jail time, loss of your driver’s license, and high fines. But if you take the right steps, you can beat a DUI charge.
If you are facing a DUI charge in Michigan, you must consult with an experienced DUI attorney who can help you navigate the legal process and ensure your rights are protected.
There are a few steps you can take to try and beat a DUI in Michigan:
- Get a good lawyer: This is the most critical step.
- A good lawyer will know the ins and outs of Michigan’s DUI laws and may be able to find loopholes that can help you win your case.
- Attack the arresting officer’s credibility: If the arresting officer made any mistakes during your arrest, such as not reading your Miranda rights, this could weaken their case against you.
- Your lawyer will be able to point out any errors that were made.
- Challenge the sobriety tests: The results of field sobriety tests are often subjective and can be challenged in court.
- If there is video evidence of your test, this can help prove that you were not impaired.
- Seek treatment for alcohol abuse: If you have been arrested for DUI, it may indicate that you have a problem with alcohol abuse.
- Seeking treatment shows that you are taking responsibility for your actions and trying to improve yourself, which may make the judge more lenient when sentencing you.
Can a Dui Be Dismissed in Michigan?
Yes, a DUI can be dismissed in Michigan. However, it is essential to note that this is sometimes the case. Many factors will influence whether or not your DUI will be dismissed.
Some of these include:
-The severity of the offense -Your previous driving record.
-Whether or not you caused an accident
-The blood alcohol content (BAC) level at the time of the offense
What is the Best Defense for a Dui?
There is no single answer to the question of what is the best defense for a DUI.
Every case is unique and therefore requires its specific defense strategy. However, some general tips can help prepare a defense for a DUI charge.
One important thing to remember is that acting quickly after being arrested for DUI is crucial.
This is because you only have 10 days from the date of your arrest to request an Administrative License Revocation hearing.
If you do not request this hearing within the 10-day timeframe, your license will automatically be suspended.
At the hearing, the arresting officer will testify about the details of your arrest, including any field sobriety tests conducted and whether you submitted to a chemical test.
It will be up to you and your attorney to challenge this evidence and prove that there was no probable cause for your arrest.
Another critical element of your defense will be attacking the results of any chemical tests conducted.
What Happens for Your First Dui Offense in Michigan?
A DUI offense in Michigan is a severe charge. If you are convicted of a DUI, you will face many consequences, including jail time, fines, and losing your driver’s license.
The Michigan State Police provide the following information about what happens for your first DUI offense in Michigan:
The arresting officer will confiscate your driver’s license and issue you a citation when you are arrested for DUI.
You will then have seven days to request a hearing with the Secretary of State.
If you do not request a hearing within seven days, your driver’s license will be automatically suspended for 30 days.
After the suspension period, you will be required to pay a $125 restoration fee to reinstate your license.
If you request a hearing and are found guilty of DUI, your driver’s license will be suspended for 90 days.
You may also be required to install an ignition interlock device on your vehicle and attend alcohol treatment classes.
Additionally, you will face stiff fines and penalties, including up to 93 days in jail and up to $500 in fines.
How Long Can a Dui Case Stay Open in Michigan?
In Michigan, a DUI case can stay open indefinitely. If you are convicted of DUI, the court will place a permanent record of the conviction on your driving record.
The court may also require you to complete a rehabilitation program and pay fines and other penalties.
How to [Beat a DUI Charge] in Michigan?
Odds of Getting Dui Dropped in Michigan
Several factors can influence the odds of getting a DUI charge dropped.
One of the most important is whether or not there is video evidence of the arrest.
If the arresting officer did not have a body camera, or if the dashcam footage does not clearly show what happened, it may be more challenging to prove your guilt beyond a reasonable doubt.
Additionally, suppose you submitted to a chemical test and your blood alcohol content (BAC) was close to the legal limit.
In that case, prosecutors may be more likely to agree to reduce or dismiss your charges.
Other important considerations include your prior criminal history, the circumstances surrounding your arrest, and whether you have any mitigating factors in your favor (e.g., strong ties to the community or lack of prior DUI offenses).
An experienced DUI attorney can help you evaluate these factors and give you an idea of what to expect in negotiating with prosecutors and fighting your charges at trial.
Conclusion
You can beat a DUI in Michigan by knowing your rights, being prepared, and having a good lawyer.
The officer will ask you to step out of the car and perform sobriety tests when you are pulled over.
You have the right to refuse these tests, but if you do, the officer will arrest you and take you to the station for a breathalyzer test.
If you blow over .08, you will be charged with DUI. However, there are ways to beat the breathalyzer test.
If the officer did not read your Miranda Rights before administering the test or the machine was not calibrated correctly, your lawyer can use this to get your charges dropped.
Your best bet is to avoid drinking and driving altogether. But if you face a DUI charge, remember that it is not impossible to beat it – especially if you have a good lawyer.