There are many possible defenses to any drunk or drugged driving charge. What follows are some of the top defenses that may apply to any Grand Rapids DUI case. If you want to know for sure what defenses might apply to your case, then please fill our case quiz for your FREE case review, or call us today.
There are dozens of ways to defend a drunk driving charge in Michigan, here is a partial listing:
Breath Test Result is WrongThere is a common misperception that breath test results cannot be challenged. This is completely untrue. I successfully defended dozens of breath test cases in court each year.
The breath testing device in Michigan is called a DataMaster (soon to be replaced by the DataMaster DMT). This device uses a type of light called “infrared” to measure alcohol in your breath.
Because the device does not measure your blood alcohol directly, we call breath testing indirect. Any indirect measuring device has many potential problems, and this includes breath testing.
The best way to know if you have a breath test defense is to call us. However, very generally speaking, there are three kinds of error that can occur. The first is “operator error” which happens when the cops do something wrong. Believe me, this happens ALL the time. The second possible error are those that occur because the machine is not perfect. The machine itself can introduce error. The third thing that can introduce error would be something specific to you, such as a medical issue. Certain medical issues make it so that your breath shouldn’t even be tested.
Blood Test Result is WrongLike breath testing, blood testing is also not perfect. My job is to look at all the evidence in your case, including the blood test evidence, and figure out what, if anything, went wrong.
It is mostly true that if something went wrong in your case it’s because of something that happened to the blood before it got to the state lab. Like breath testing, this might include something that the cop did wrong.
If you refused to give a breath sample, and your blood was drawn by force, then there may be an issue as to the warrant.
There are also many opportunities for error in a blood test, and these include things like chain of evidence, improperly blood draw, mishandling of the blood, among others.
If your blood was drawn, contact us today so that we can start defending your case and determine if there are any problems with the blood.
Bad StopThe police must have a legitimate reason to stop your car in the first place. If they didn’t have a lawful reason to stop you then this can result in the dismissal of your case.
I have been able to successfully argue for my clients in the past that the police had no basis to stop the car, and my client’s cases have been dismissed. You may think the police did everything right in your case. My job is to figure out if this is true. If it’s not, then I’ll know how to use these mistakes to your greatest advantage.
No Right to ArrestYou may think all this stuff only happens to other people or in the movies. It doesn’t, it happens in real life and it happens to my clients. The police do sometimes wrongfully arrest someone in Michigan for drunk driving.
This would happen in cases where they have the wrong person (someone else was driving) or where they just didn’t have enough evidence.
Contact me today and I’ll explain to you what the law says about this and look at the facts of your case to see if your rights were violated.
No Proof of Intoxication at Time of DrivingMichigan is a “time of driving” state. What this means is that the state must show that you were intoxicated not at the time of the test but rather at the time of the driving.
The question then is what evidence to they have about your level of intoxication at the time you were last operating?
In some cases they can’t even proof for sure when you were last operating. This might happen if you’re found asleep in your car and are not otherwise operating the car. It might also happen when the breath or blood test is taken several hours after the driving.
Testing Equipment Not Kept ProperlyThere are rules in Michigan that require the police to properly assemble, properly maintain and keep the chemical testing equipment in proper working order. If this is not done properly, it can result in an order from the judge that the evidence not be used by the prosecutor.
No Proof Beyond a Reasonable DoubtKeep in mind that in order for the state to get a conviction they must prove that you were drunk driving beyond a reasonable doubt. They may not be able to do this and the only way to know for sure is to test the case in front of a jury.
I am one of the few lawyers in Michigan who understand how to present drunk driving cases to a jury. Call me and I’ll be happy to discuss with you past successes at trial, and discuss also how I may be able to win your case.