Here are some things you may be unaware of when being charged with driving under the influence.

Breathalyzers Are Not 100% Accurate
While officers may not like to believe it, breath tests are subject to human error. If the only evidence of your DUI charge is a breathalyzer test, you have a strong case. Of course, there is officer testimony, and more importantly blood tests. Blood tests are the most accurate of all blood alcohol content tests. But, a  breath test can be questioned in court.

You Do Not Always Have to Take Field Sobriety Tests
Another thing officers may not want you to know is that most states have no laws saying you must take field sobriety tests. You do have to take breathalyzer tests at the risk of immediate license suspension in almost all states, but the tests where you walk in a straight line, count backwards, etc, are not mandatory. You can say no. If you are unsure, ask the officer if declining the field sobriety tests will lead to more charges.

Juries Are Rare
While having a jury of your peers is allowed by federal laws, state laws have circumvented this, making juries in DUI trials very rare. You might be able to get a jury, but most states make you face a judge instead.

Infractions, Misdemeanors, Felonies
Many do not fully understand the legal system, and no wonder – it’s complicated. For the record, infractions are the most minor of charges such as speeding, while misdemeanors are the next level up, and can be used for DUI cases. If you get felony charges for a DUI, that means you’re being charged with a very serious offense. You might be very far over the legal limit, have been charged with drinking and driving before, or hit someone while driving.

Death
If you hit someone while driving and hurt them, felony charges are common. If they die, you can face even tougher penalties. This is not a fun subject to address, but drinking and driving leads to thousands of deaths every year. The legal term is vehicular homicide. If you drink to excess, drive, get into an accident, and someone dies, you can expect stiff charges and a lot of jail time.

On the other hand, you might know if you’re over the limit. That can affect your defense strategy.

Hire the Right DUI Lawyer
Make no decisions until you hire the right DUI lawyer. Go with a local lawyer with the time and experience to help. Then be as honest as you can with them. Again, simply drinking and then driving does not mean you plead guilty. You quite often have a strong defense.

Your Plea
Most DUI cases are plead not guilty, but some forgo the entire process and plead guilty, expecting to save time and money by hiring no lawyer and accepting the charges. This is a big mistake. Just as you would not make a class action lawsuit against a company without proper legal experts, the same is the case with your DUI plea. You may have a defense, even if you were over the limit. There are just too many intangible to forgo a lawyer and plead guilty.

Judge or Jury?
You sometimes have an option between a  judge or jury trial. Your lawyer may have a personal preference. Usually, you face a judge, a judge who may have seen hundreds of people like you defend DUI charges. On the other side, a jury may be more open to hearing your statements and defense. However, most state laws do not allow for a jury trial in DUI cases.

Understanding the Laws
You have to understand what you were charged with and why in order to prepare a proper defense. Your lawyer will be creating the defense, but you want to know as much as possible. The officer testimony, the BAC breath test and further blood tests, witnesses, expert witnesses – these all have a place in DUI court. For example, sometimes breath tests are inaccurate; blood tests are the most effective. Therefore, a breathalyzer reading can be called into question.

Going with the Expert
Stick with your lawyer and you can at least come out of this with some minor charges. If you hire the right lawyer, someone experienced in defending DUI cases, he or she may find big holes in the prosecution’s case. What usually happens is not a plea bargain, though, as plea bargains are rare in DUI cases. You may be found innocent, or at least have only minor penalties. If you try to go alone or plead guilty, you are often facing the maximum charges.

Will you be charged with drinking and driving? How do you get out of this situation? What do you tell the officer who pulled you over? Should you take the breathalyzer test? What about other sobriety tests?

This guide answers some specific questions you may have and helps with concerns about DUI charges.

Can you get out?
DUI charges are not always made. This can be a scary position, but you have nothing to fear unless you know you’ve drank alcohol. There is no easy solution if you’ve “had a few” and decided to drive. This process is not a fun one. Likely you know of someone who’s been charged with a DUI. This guide will now walk you through the basics.

Why are you pulled over?
You’re pulled over in the first place for a variety of reasons. It may not be because the officer thinks you’ve been drinking at all. You may have just been speeding. However, the officer looks for things like that, especially late at night. If you are passing in and out of lanes, swerving, running through yellow lights at high speeds, and just acting erratic, police officers are trained to see these things.

What if you’ve been drinking?
If you’ve been drinking, it does not mean you are always going to get a DUI. You still have rights. The best thing you can do is never mix drinking or drugs and driving at all. If you have been drinking, even in excess, you also still have rights.

What do you tell the officer?
You do not have to tell the officer a single thing. You have a right under the Fifth Amendment to not say anything which will incriminate you. If you’re afraid by speaking that you will sound drunk, you need not speak. If you are very nervous, this is understandable. You need not give the officer any information. It may seem suspicious, but it’s your legal right.

What about the breathalyzer?
Nevada is currently the only state which will not revoke your license if you refuse a breathalyzer. All other states will punish you for refusing it, some with very severe charges. Usually you want to take the breathalyzer. However, breath tests are suspect. Simply because you breath at the legal limit, .08%, does not mean you are in fact that intoxicated. Breathalyzers are subject to human error. So are blood tests, but blood tests are by far the most accurate.

Also, you should be aware of your rights concerning other sobriety tests. Most state laws have nothing saying you must walk in a straight line, count backwards, or any other field test. To be sure, ask the officer who pulled you over if you will be punished for denying to take sobriety field tests. The majority of the time not taking has no affect you at all.

What if you’re charged?
You’re pulled over, the officer asks you some questions but you answer none, and then you fail the breathalyzer. This case is far from over. If you’re charged, you need the help of a professional DUI lawyer. DUI charges are not always in the right. Just because your breath test fails does not mean you’ll lose your license, face fines, or even jail time. An experienced lawyer is your best chance for justice.

This guide will point out the main dangers of teen drinking, how drinking will affect you, what laws are in place, how teens can be safer drivers, and what happens if you get DUI charges.

What does drinking do to you?
Many teens equate partying with drinking, of getting a “buzz” or just flat out partying. It’s of course not possible to stop all teen drinking. However, the facts can be a good warning. Drinking affects your ability to walk, speak, and see. These are integral processes, especially being able to see as you drive and having full control of your body. Further, drinking slows down your reaction times, impairs memory, can confuse you mentally, slows down the nerves that move your eyes, hurts muscle coordination, and also can hurt you over longer periods such as with liver disease. And alcohol poisoning itself kills many teens not used to drinking large amounts.

If you have slower reaction times, that is obviously a major danger. If you cannot see well, if your memory on how to drive and follow driving laws is hurt, if you even pass out while driving—these can all lead to an accident and sometimes a death.

So we know how drinking effects you. Now let’s go over the legal ramifications.

Minor DUI Laws
It’s illegal to drink under the age of 21, but as high schools and colleges can tell you, it’s not a law followed by many. This is natural. One of the reasons for the drinking age is related to minors who drink and drive and are severely injured if not die. People used to drinking may be able to drive with some alcohol in their system, while an underage drinker may experience the effects much more. Since thousands die every year in alcohol related accidents, it’s important to note the dangers. And since over 1,000 of these deaths are related to teen drinking, it’s important to avoid ever drinking as driving.

State laws differ on how teen drivers are punished for intoxication. Some treat the problem much more seriously than others. However, since a minor breaks the law simply by drinking, most states penalize teen offenders more severely. Even if you have a .02% level, you can be charged with a DUI as a teen offender.

What can parents do?
If you’re a parent, it’s important to make clear the dangers of drinking and driving. We all go through our teens, perhaps breaking the rules ourselves. However, there is a big difference between having some fun and putting you or another person’s life in danger. It’s not the place of this blog post to say how you explain it to them, but keeping teens aware of the reality behind drinking and driving is important.

How to Get Legal Help
When a teen is charged with a DUI, the penalties can be very stiff. If you have no license, for example, it can be even worse. If you drank at all, the officer can arrest you. The important thing here is to get proper legal representation. The courts will take this charge very seriously, and you should too.

Dangerous for You
By abusing drugs, you are hurting your ability to see, feel, and make decisions. Just as alcohol can damage the nerves in your eyes and hurt your ability to see, the same is the case with many drugs. The problem is that many illegal drugs have chemicals in them you may not understand. You may be taking a drug which makes you tired, very dangerous. You may take a drug which makes you pass out. Or you may have some reaction to it. It’s very dangerous to mix even legal drugs with driving, especially if you also drink some. Be safe and avoid the dangers of drug abuse and driving.

Dangerous for Other Drivers
There are other drivers on the road too. Over 10,000 drivers die every year because of abusing drugs or alcohol and driving. Thousands of pedestrians die too. This means you are not only putting yourself at risk by driving; you are endangering the lives of others. And if you’re at fault, you can face criminal charges.

Lose Your License
If you are caught abusing drugs and driving, it’s treated just like a alcohol related offense in terms of your license. The first penalty is your license is suspended. For first time offenders, this can mean losing driving privileges for a year.

Face Fines
You will also face fines. Though minor in comparison to losing your license and going to jail, sometimes the fines can be quite high, especially if you’re not working.

Get a Drug Charge
If you are caught with illegal drugs, you face more than a DUI: you also can be charged as a drug offender. This can mean further penalties.

Go to Jail
Going to jail can occur even in a first time DUI offense. While sentences vary, you can spend days in jail to months in prison. If you have multiple DUI offenses, you can be forced to spend even more time in jail.

Other Penalties
A DUI offense can also mean being put on probation, forced to go to drug counseling, and then having to go through a lengthy process just to get your license back.

So what’s next? All DUI charges require the help of an experienced, local DUI lawyer. While you may think just because your caught means you always face charges, it does not work that way. You may in fact be able to successfully defend yourself. But you can’t without a DUI lawyer. A proper defense can have evidence thrown out, officer actions questioned, and either a lessening of charges or a not guilty decision.

You were charged because of this, because it’s so dangerous to mix alcohol or drugs and driving.

How can you get your license back after a DUI?
If you only have one DUI violation, getting your license back is much easier than if you are a habitual often. For most, you will apply for a general reinstatement. If it involves drugs, it will be a reinstatement for a drug crime, and if you are a minor it’s also different. The point here is that first time offenders can and often do get their licenses back. You have to wait until your suspension is over, you go to the  Michigan Secretary of State office, and apply for reinstatement.

What if you are charged for multiple drinking and driving violations?
If you have been repeatedly caught drinking and driving, you have to go the the Driver Assessment and Appeal Division (DAAD), who will review your case. You will have to prove your alcohol or drug problem is gone, that you won’t repeat the offense, and that you want to follow the laws. If your license is revoked, it can take much more time and legal work to get it back.

How much will it cost?
A general reinstatement fee for a suspended license is only $125. If you want your license back after a drug crime, that fee is $250, and the same for a minor in possession (MIP). Your lawyer fees, and you should get a lawyer, will cost some money too.

Who can help?
Getting your license reinstated for a one time alcohol or drug offense is often fairly simple. You have to pay a minor fee and can move on. However, to represent your interests in court, you need a professional lawyer. An experienced Michigan DUI lawyer is very important if you’ve been caught multiple times drinking and driving. You can expect penalties far beyond simple license suspension, including fines, jail time, and probation. A lawyer’s job is to lessen penalties, if not remove them, and help you move on with your life.

What is vehicular homicide?
This may have jumped off the page. If you’ve never heard vehicular homicide used, or have been unfortunate enough to have heard about it occurring before, you can pretty much get the picture. Some states do use it, where a death occurred because of a vehicle operated by someone impaired by alcohol. In other words, another driver, a pedestrian, or a passenger in a vehicle was killed in a vehicle accident.

It may seem like a simple mistake, especially if you or another driver had little alcohol in their system. However, just because you are below the BAC (blood alcohol content) limit, .08% for all states, does not mean you cannot be charged. If it’s found alcohol was a key factor in the accident, even at below the BAC legal limit, you can face charges.

It’s actually called homicide, which may confuse you. Not all homicides are actual crimes. State laws can differ on how vehicular homicide is practiced, especially with terms such as voluntary and involuntary manslaughter. The charges are all quite serious, and require legal help.

Defending a Vehicular Homicide Case
Defending a DUI itself can be tough: most charges stick and you face penalties. Vehicular homicide is very different, not just because of the serious nature but also in the defense. It’s much more important to acquire experienced legal representation. The key point here is in proving intoxication led to the accident. Whether you are over the limit or not does matter, but how this effected your decision making  is much more important. The prosecution will be trying to prove, mainly through circumstantial evidence and police reports, that you were in fact under the influence and this caused the death. The defense will be trying to prove the opposite, that you were not under the influence or that your drinking had nothing to do with the accident.

Why You Need Legal Help
Vehicular homicide is obviously a very serious offense which can lead to some major charges. Your chances of winning a defense against this sort of case is based on the legal representation you get. It’s vital to hire a lawyer who has experience in DUI cases, especially ones as unique as death related to drinking and driving. While you are allowed to defend yourself or use court appointed representation, it’s in your best interests to hire a private lawyer. While this experience is never a happy one, a knowledgeable lawyer can make it one which ends fairly.

Remember that just getting a DUI charge does not mean you should plead guilty. You need an experienced, local DUI lawyer to help decide your case. However, there are some points which can be helpful in knowing and understanding a trial.

The Arraignment
A DUI arraignment is where you decide on legal representation and how you will plead. For legal representation, you can defend yourself, use a public defender, or hire a professional DUI lawyer. You have the option of pleading guilty or not guilty; usually, unless you’ve consulted with your lawyer, you want to plead not guilty to the charges. A misconception is that you should plead guilty if you believe the charges will stick; in fact, you may be able to win.

Your Lawyer
Should you hire a lawyer? The answer is easy: yes, because proper legal representation is essential in lessening or eliminating charges. A professional DUI lawyer can help you decide how to plea, basing this decision on the police reports and other evidence, while also negotiating with the prosecution. If you defended yourself, you would have no idea on the legal ramifications of police reports, of pleading guilty, nor would you know how to properly defend yourself. A court appointed lawyer is an option, but rarely do they have the time or inclination to properly defend you.

Preliminary Hearing FAQ
The preliminary hearing in DUI cases varies in scope from state to state. Sometimes the judge can decide if the evidence shown is enough to prove intoxication, such as evidence gained from breath and blood tests, or officer reports. Your lawyer will quite often be able to see what kind of evidence the prosecution is using, making a defense easier. While plea bargaining is an option, it’s rarely used. Plea bargaining is not used in many states for DUI charges, because it’s widely believed DUI charges should be punished to the full extent of the law. Other states do allow them, but still they’re rare. The problem is that most DUI charges will stick. What you can do is negotiate to lessen the penalties; your lawyer can help here.

Pre-Trial
The pre-trial motions are a good way for your DUI lawyer to keep evidence out of court. Your lawyer plays an integral role in removing key evidence from the prosecution’s case. This may be, for example, evidence taken from your car.

Trial
The DUI trial is where your lawyer earns his or her money. However, quite often this money is earned before the trial: many DUI cases are settled beforehand.  You will have a trial by either judge or jury, who’ll way evidence for and against you, decide on what if any penalties you deserve, and come to a verdict.

A proper DUI defense can be quite complex. An experienced lawyer is invaluable in lessening penalties, if not removing them entirely. If you are unsure of where to begin, contact a DUI lawyer today.

What is a MIP?
Minor in possessions does not mean, as noted, you have to be driving. It’s very common for you to be arrested while driving for being intoxicated by drugs or alcohol. Alcohol is the most common offense which minors are charged with while driving, but drugs are definitely a problem too. The fact that drugs alter your ability to drive in a potentially different way means nothing – you can still be charged.
If you are too young to be drinking, if you have alcohol in your possession, if you attempted to buy alcohol, or if you drank alcohol most state laws allow for punishment.

What Punishments Do You Face?
Punishments vary from state to state when it comes to MIP laws. However, if you have a drivers license, most states will suspend it for one year. If you have no license yet, usually you will not be able to get a license for some time, likely 6 months to a year, after the charge. Some states prosecute MIP cases to the full extent, while others treat it less seriously and only put the minor on probation. The laws vary, but all states have laws in place because the problem is so common.

Why are you charged?
You may wonder why you were charged if you had not been drinking in the car, if your driving hadn’t been altered, or if you had an open beer in the car but had not drank it. Minors drinking in the first place is illegal. The laws state you are not supposed to drank, even though many abuse the laws. The problem is that drinking and driving is so dangerous, with so many deaths occurring every year. And since a great majority of drunk drivers are younger, 30 or below, it’s important for some penalties to be used.

How can you avoid the charges?
You can avoid the problems by simply not drinking at all. If you do drink, never drive. If you use drugs, you can still be charged, and even further if you are taking an illegal drug. The best way is to just never drive after drinking, never drink while you drive, and to never walk with open alcohol on you.

Who can help?
If you or a loved one has been charged with an MIP, state laws differ in terms of penalties, so be sure to hire an experienced DUI lawyer. In some states, it may just be probation. In others, the penalties may be extended license suspension and potentially more. A DUI lawyer is a must. Just being charged with a  DUI does not mean you are guilty; a strong DUI defense can limit charges if not eliminate them.

You Need a Michigan DUI Lawyer
If you are charged, the first step is to hire an experienced DUI lawyer. This really is not an option. A lawyer will charge you a fee, but he or she will have a key role in your defense. Just getting pulled over and charged does not mean this arrest will stick. Minor mistakes cause the case to be thrown out, if not getting a plea bargain from the prosecution. While getting plea bargains are rare in DUI cases, there are many times where your rights are infringed upon.

Defense Based On Officer
If the arresting officer made mistakes, the entire case can be put in jeopardy and the charges might be thrown out. If the officer had no reason to pull you over, this infringes upon your rights. If the officer abused you during the arrest, that is against the law. If the officer incorrectly used the breathalyzer, it can cast doubt on the charges. Finally, the officer may have never read you your rights, the Miranda, which is required by law.

Defense Based on Breathalyzer
Breathalyzer tests are not perfect In fact, they are subject to how experienced an officer is with them. Michigan, like all states, uses the BAC (blood alcohol content) level of .08 when it comes to drinking and driving. If you are over the limit, you will be arrested and charged. However, the breathalyzer is a complex device; readings very close to the limit can sometimes cast doubt on the prosecution’s case. More often the arresting officer made a mistake.

Winning and Losing
Beyond the officer and breathalyzer, your defense can be helped by a variety of things. It’s not always about the charges being dropped; more often your penalties can be lessened. Michigan DUI laws are stiff: you can lose your license, face fines, get jail time, be put on probation, among other penalties. However, with the right defense, you can win and move on with your life.