Understanding the Disconnect Defense in a Michigan DUI Case

The disconnect defense is a legal strategy in a Michigan DUI case that highlights the inconsistency—or disconnect—between a defendant’s high blood alcohol concentration (BAC) results and their observable behavior at the time of arrest. For instance, if a breath or blood test shows a BAC of 0.20%—a level typically associated with symptoms like emotional instability, impaired motor coordination, and slurred speech as detailed in Dubowski – stages of alcohol effects—yet the individual demonstrates steady balance, clear speech, and passes field sobriety tests, this discrepancy can be used to challenge the validity of the BAC evidence.

Dubowski’s research provides a clear framework for evaluating expected behaviors at different BAC levels:

At 0.09%-0.25% (Excitement stage), symptoms such as emotional instability, sensory-motor impairment, and slurred speech are common.
At 0.18%-0.30% (Confusion stage), disorientation, staggering gait, and mental confusion are typical.
At 0.25%-0.40% (Stupor stage), individuals are expected to lose motor functions, exhibit marked muscular incoordination, and experience impaired consciousness.

At the extreme, if a defendant with a BAC in the “Stupor” range shows minimal or no observable impairment, this raises questions about the accuracy of the chemical testing or whether unique physiological factors are at play. While the defense is most applicable to a high-BAC or Super Drunk case, lower test results may benefit from this approach as well.

Two Theories of OWI in Michigan

Michigan law recognizes two main theories for an Operating While Intoxicated (OWI) charge:

Per Se OWI: Based entirely on a chemical test result, this theory presumes intoxication at a BAC of 0.08% or higher, regardless of observable behavior.
Common Law OWI: This focuses on whether the driver’s ability to operate a vehicle was materially and substantially impaired by alcohol or drugs, even if BAC is below 0.08%.

The disconnect defense is particularly significant when the prosecutor’s case relies heavily on the Per Se OWI theory, as it challenges the reliability of the chemical evidence itself. To clarify further, the disconnect defense has meaning only in situations where the prosecutor has insufficient evidence to prove the common law theory of OWI (OUIL). If observable signs of impairment are lacking and the disconnect between BAC results and behavior is apparent, the prosecutor’s ability to argue the common law OWI theory weakens, thereby making the disconnect defense a critical aspect of the case. Learn more about Michigan OWI theories here.

Beware the Tolerance Argument

Prosecutors often argue that a disconnect between BAC and behavior is due to alcohol tolerance. Because this is a statement nearly always based on facts not in evidence, making such an argument may actually be misconduct on behalf of the prosecutor. This could lead to a mistrial and dismissal of the case.

Furthermore, as discussed in “The Misleading Concept of Alcohol Tolerance in Michigan DUI Cases”, tolerance only affects outward signs of impairment, not the physiological impact of alcohol on the body. For instance, a person with high tolerance may appear sober but still face significant cognitive and motor impairments that can be revealed through properly administered tests.

The bottom line is that even people with tolerance to alcohol can’t “hide” their intoxication from a skilled observer such as a police officer, or so the theory goes. Prosecutorial misconduct, including unsupported claims about alcohol tolerance, undermines the fairness of OWI trials.

Defense attorneys must be vigilant in identifying and challenging such tactics to ensure that scientific accuracy and legal integrity prevail. For more information on addressing myths about alcohol tolerance and OWI cases, visit Dispelling Myths About OWI and Alcohol Tolerance.

Enhancing the Disconnect Defense with Scientific Evidence

The disconnect defense also benefits from scientific testimony and procedural scrutiny. Factors that may undermine BAC results include:

Improper Testing Procedures: Miscalibrated devices, improper sample collection, or procedural errors can lead to inaccurate readings.
Individual Variances: Unique physiological factors such as body composition, medical conditions, or the timing of alcohol absorption and elimination can create discrepancies between BAC and behavior.

By presenting such evidence, the defense can argue that BAC results alone are insufficient to prove intoxication beyond a reasonable doubt. For more information about how to defend a breath or blood test see:

Conclusion

The disconnect defense leverages observable discrepancies to challenge the prosecution’s reliance on BAC evidence. By integrating scientific insights like those from Dubowski’s research, understanding Michigan’s OWI laws, and addressing the nuances of alcohol tolerance, this defense provides a robust framework for questioning the validity of OWI charges. The support of skilled legal representation and expert testimony is crucial in ensuring that these arguments are presented effectively.