Sometimes the biggest problems start innocently. You might be at a party, drink a little, decide to drive home, and then you’re pulled over. You think you’re fine, but you end up failing the breathalyzer test. At this point, you may wonder what your rights are. Should you take the breathalyzer? Can you refuse other tests? Do you get to know all the charges made against you? This blog guide can answer these questions and more.

Right to a Lawyer
First off, you need a DUI lawyer if you are charged with a DUI. As noted on this blog, if you are charged with a crime, you need hire a lawyer, and never simply plead guilty. Pleading guilty gives you no chance. Pleading guilty means you accept the crime. Pleading guilty means you are not even questioning the penalties. A lawyer can question the charges, can lower penalties, and can sometimes even allow you to be found innocent. At the least, you want to lessen the charges, but there are always mistakes, even if you had been drinking, and this can lead to an innocent verdict.

Do you have to take the breathalyzer or other tests?
Yes, you have to take the breathalyzer test by law in all 50 states, and can receive immediate penalties if you deny it. State laws differ on this, but you almost always want to take the breath test. If you are unsure, you might ask the officer the penalties. If you are positive you will fail, you may consider refusing it. However, your license will immediately be suspended. You also have to take blood tests. However, you need not take field sobriety tests – where you walk in a line or count the alphabet backwards – because there are no laws saying you must. It’s up to you at that point.

Right to a Trial
If you are charged with a  DUI, you are not found guilty upon failing the breath test. You have the right to a trial. And with a lawyer on hand, you can make a not guilty plea and work to lessen the charges if not win completely.

Right to Question the Charges
You always have the right to question the charges made against you. You can question what the officer did. He or she may have made mistakes in arresting you. You can always question the validity of any sobriety tests. The breathalyzer test has a history of being wrong.

Right to an Appeal
If you are charged with a crime and found guilty, there is always the appeals process. If you lost, and the evidence is against you, you may reconsider. On the other hand, if some of what happened in court can be questioned, if laws were misinterpreted, you may win in appeals court.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

You were pulled over, failed a sobriety test, were arrested, faced charges, and then got the penalties. What happens after? It’s a question you may not consider. Life does go on after a DUI charge. While the charges are serious, they need not ruin your life. This blog guide can help.

Why were you arrested?
Drinking and driving is a leading cause of death in the United States. Simply put, thousands die as a result of drinking and driving ever year – and not just those who are intoxicated. DUI has been a point of emphasis in the last decades because of how so many more people are driving after drinking. While the penalties are severe, they are usually fair. If you hurt someone, it can ruin your life. You have options beyond drinking and driving. You can get a designated driver. You can ask a loved one for a ride. If this is after the fact, it’s time to consult with a local DUI lawyer and to fight for your rights. Simply because you were charged does not mean you are guilty.

How soon can you drive?
This depends on the nature of the charges. If this is your first offense, you may lose your license for six months to a year. If you are a multiple offender, you may be unable to drive for years. If you hire the right DUI lawyer, he or she can limit penalties against you. The arresting officer might have made some mistakes. The breathalyzer may have been wrong. You may have broken no laws. A DUI lawyer can find the answers.

How will this affect your employment?
You might think getting charged with drinking and driving will not affect your employment. In fact, it can greatly change your work life. If you are currently employed, you may have trouble getting to work (since you cannot drive). But if you go job hunting, this DUI will stay on your record and will show up on a background check. You might lose some jobs if you lose at trial and have a DUI on your record. Not all employers will consider a DUI a major crime, but some who are looking for reasons not to hire you may find one with your criminal record.

Will this be on your record forever?
On the other hand, you can have this charge expunged from your record. This is very possible, and important, because the charge will remain on your record. If you hire an experienced lawyer, he or she can help you get this off your record. After that, you can move on.

Moving On
There are some other downsides to getting a DUI. It will likely increase your car insurance, so when you’re able to drive again you’ll be spending more money. Even this can be overcome. If you avoid getting further DUI charges, you can move on. You can get your license back, have the charge expunged from your record, and get a second chance as a driver.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

In Michigan, we have hundreds of deaths every year related to drinking and driving. It’s a major cause of death. Drinking and driving is no doubt very dangerous, but there are many myths about the DUI laws we have. This guide looks to shine a light on them. We’ll go over several myths about DUI defense that you should know.

Breath Tests Are 100% Accurate
No test is 100% accurate, especially when it comes to testing for alcohol. Some may explain how the breathalyzer test is the best device we have. The best device we have is the blood test, not the breathalyzer, and even that can be wrong. Breathalyzer tests have a history of being wrong. They are a cumbersome device with no difference for size – you could weigh 100 lbs or 300 lbs and it would make no difference – nor for sex – you could be man or woman and it wouldn’t matter. In the end, these tests are often correct, but the problem is that many believe they are perfect. They are not. There are over a dozen ways to refute a positive breathalyzer test.

You Have No Chance of Winning
You do have a great chance of winning. Michigan DUI cases are not open and shut. You might refute the validity of the breathalyzer test. You might question how the officer arrested you. You may say you were in fact not over the limit. Or you may even say that you made no driving mistakes and had no reason to be pulled over. A good  Michigan DUI lawyer can help you beat these charges. If you lose, you may spend some time in jail, pay fines, and have your license suspended.

Any Lawyer Can Defend You
You need a Michigan DUI lawyer. Not any lawyer can handle a DUI case. You need one who specializes in Michigan DUI law. The myth here is that DUI cases are simple. They can be quite complex. A proper defense can mean the difference between jail time, fines, and losing your license. Your lawyer has to have knowledge of specific Michigan DUI laws. If you hire a lawyer the day before you face the court, and he or she is not even a lawyer, you are not really giving yourself a chance. Get a real DUI lawyer, and hire one early.

You Should Plead Guilty
You should rarely if ever plead guilty to Michigan DUI charges. If you plead guilty, you are accepting guilt and accepting all the penalties. You might spend weeks if not months in jail. You may spend thousands in fines. You may lose your license for years. You are not always guilty simply because you fail some tests. There is much more to it than that.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

One of the downsides often overlooked when it comes to drinking and driving charges is about the money. You may spend thousands, if not tens of thousands, on fines and court costs. How can you save money on DUI court costs? This blog guide goes over ways to avoid the fines, fees, and other costs.

Avoid DUI
It may be too late, but if you can avoid drinking and driving in the first place, you can save on fines and fees. You may get a designated driver. You may call a cab. You may ask for a ride from a friend who has no drank anything. Thousands die every year because of drinking and driving, and thousands more avoid problems by simply making the right decision and not driving. It’s estimated over 50,000 lives are saved every year simply because of the system of using a designated driver. These numbers speak for themselves.

Multiple DUI
Fines and fees increase the more DUI charges you get. A first time DUI can be costly, yet the fines are not that much – from $500 to $1,000, depending on the state and the nature of the charges. However, what can be more costly are the court fees. You need a lawyer if you want to avoid paying costly fines, but if you win, you then owe more money in legal fees. It’s a double edged sword, but remember you will be doing far more than paying some fines if you lose. If you win, or lessen the charges, you can avoid jail time, license suspension, and probation.

Cheap Lawyer?
Should you hire a low-priced lawyer? Well, simply because a lawyer is “cheap” does not mean he or she is bad. Nor does an expensive price mean a lawyer is good. However, don’t let price stop you from looking for a lawyer. You definitely need one. You may be able to lessen the charges, if not have them dropped. You may not have been over the limit at all. The arresting officer may have made a key mistake. These things happen all the time. If you are getting felony charges for multiple DUI offenses, the costs can be quite high, making hiring an experienced DUI lawyer even more important. So don’t focus necessarily on price.

Choosing a Lawyer
You should hire a local lawyer familiar with your state laws. You should not pay tens of thousands of dollars. You should hire a lawyer who has court room experience. You need a lawyer who specializes in DUI law.

Other Costs of DUI
DUI charges are about more than lawyer fees and misdemeanor or felony fines. A first time offense can mean days to weeks in jail. A felony charge for multiple DUI offenses may mean months in jail. If someone was hurt because of you’re driving, you may even face years time in jail. Further, you will be losing your license too, sometimes for years.

DUI Defense Strategies
How can you win? How can you avoid excessive fines, fees, jail time, and suspensions? There is no magic solution. What you can do is start immediately. Look for a good lawyer immediately. Be completely honest about what happened with your lawyer. Plead not guilty to the charges. Then let your lawyer make a defense. As noted, there is often a hole in the prosecution’s case. Your lawyer can find it.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

You are pulled over, but you haven’t been drinking. The arresting officer asks if you’ve taken any drugs, legal or illegal. You have. What should you say? As with admitting to drinking, if you’ve abused drugs, or taking legal medication which impairs your driving, you should not admit to it. If you feel you’re in danger of being charged with a DUI (if not DWI), you should only take any breathalyzer tests given, which are required, while also giving over identifying information.

Will you always be charged if you admit to using drugs?
This is a complex subject, as there are few laws defining what drugs you can or cannot take and drive, what level of drugs in your system is legal, and how this affects your driving. If you admit to taking some drugs, even if legal, you risk being charged with a DUI.  The problem is, if the officer believes your driving has been affected by the drugs you took, even if prescribed, you can be charged with a DUI. The laws here change from state to state, but treat this as you would a drinking and driving offense: do not give over incriminating information to the officer.

What if you use illegal drugs?
If you use illegal drugs, this too can affect your driving ability. If drugs are found on your possession, this is no different than being caught anywhere else: you can and will be charged. The laws are again different on this issue. For one, if you are addicted to any drug, some states define this as a drug causing impairment. The important point here is that legal or illegal drugs does not matter; what matters is if the drug affects your ability to drive.

What if you used legal drugs?
If you use legal drugs that affect your driving, it does not look much better to the officer nor the judge. The laws on how much of a drug it takes to influence your driving is different from alcohol. State laws are all different here, but if it’s obvious you are driving while impaired – and an officer should be able to interpret this – you can be charged.

What if you mix drugs and alcohol?
Common knowledge shows if you mix certain medications or other drugs with alcohol, it can not only be dangerous to your health, but also impair your driving abilities.

What charges do you face?
Typically state laws on DUI for drugs are similar to alcohol related DUI charges. State laws differentiate between drug related DUI and alcohol related DUI, but the penalties are similar. You will face a license suspension, fines, potential jail time, probation, and sometimes more.

Who can help?
If you are charged with any DUI, no matter the circumstance, you need an experienced DUI lawyer. It’s his or her job to defend you in court, to question the charges, and to limit any penalties you face. For example, some drug related DUI charges can lead to losing your license for years. Then you might lose your job because you can’t drive. A good lawyer can often limit charges, if not defeat them.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

1: Do Not Give Too Much Information
If you’re pulled over on suspicion of abusing drugs or alcohol and driving, you may consider explaining to your officer how this will ruin your life. Rarely will they care. On the other hand, they may play friendly while interrogating you – to get more information. If you’ve been drinking, do you have to admit that? No, you only need give the officer your identifying information and take the breathalyzer test. You do not give any information the prosecution can use against you.

2: Do Not Plead Guilty
If you fail the breathalyzer and perhaps the blood test too, you may consider just getting this over with: pleading guilty. However, ask any lawyer who specializes in DUI law and you’ll hear a consensus: you rarely, if ever, want to plead guilty. If the prosecution offers a deal, which is rare in DUI cases, you may consider that. However, you should always consult with your lawyer prior to making the decision.

3: Hire a Lawyer Prior to Your Court Date
And before you even go to court, have an experienced lawyer in place ready and willing to help you. You should immediately get in touch with a lawyer who specializes in DUI law instead of waiting a few days prior to the trial. Give him or her time to look over your case. Make all decisions with your lawyer.

4: Not All Lawyers Are Equal
While a good lawyer is a good lawyer, you need a DUI lawyer – not someone referred to you who has taken on a few cases before, or who specializes in some other law. Some lawyers take on any case for the money, not specializing in anything. And even if you hire a DUI lawyer, it does not mean he or she can help. Sometimes you make a mistake, and hire the wrong one. There is no law saying you have to keep them on your case. You can save valuable time by being picky and being willing to pay extra.

5: Drunk Driving is Not the Term
Simply because you got a DUI does not mean you were drunk. You may have been much closer to the limit than you think. It’s too broad a term to use. Instead, use “under the influence,” and start asking questions on how much you were over (if not under) the limit.

6: BAC Tests are Not Perfect
When you go to court, plead guilty, and take the maximum charges, you are forgetting two things: first, a lawyer can often lessen the penalties, and second, not all blood alcohol content tests are accurate. In fact, the breathalyzer has been proven to be wrong. If you fail a blood test, that is stronger evidence. But guilt is never a guarantee, and you have a right to question what happened.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

When is too much really “too much”? When is your drinking going to endanger other drivers on the road? When is mixing drugs and alcohol going to lead to an accident? How dangerous is drinking one beer, a few more, a few more, and then driving?

According to a recent study, drinking two beers can lead to close to a .04 BAC (blood alcohol content). This is of course subjective, depending on how much you weigh and if you eat. However, it gives us a good barometer for how drinking affects you. If you drink twice that amount, about 4 beers, you can be at the legal limit in all 50 states, .08. If you get to a .04, you are 1.4 times as likely to get into an accident. If you get to .08, you are 10 times more likely to get into an accident (and you’re breaking the law). Keep drinking, and the numbers can be quite startling, making you 30 to 40 times more likely to get into an accident.

Car accidents are a leading cause of death throughout the country. And accidents are the leading cause of death for those under the age of 24; about 40% of drivers under 24 who get into an accident do so because of alcohol. The dangers for young drivers may seem obvious, but it’s a point which needs to be made more.

The more you drink, the more likely you are to get into an accident. And remember, the numbers above are just basic benchmarks. If you weigh very little, you may hit .08, the legal limit, much faster. If you weigh more, you may think you can handle more, drinking more and then getting into an accident.

Why is drinking and driving so dangerous? It’s important to understand how alcohol affects your body. The most important affect alcohol has is in reaction time. Your reflexes slow, and you might rear end someone who stops quickly. Your vision is also effected, making driving at night dangerous. You may suffer from common drowsiness after doing some drinking, and that influences your ability to drive. Though there are many more – such as coordination in the actual driving process – remember that alcohol has major affects on your driving abilities, even in small amounts.

What if you get charged with a DUI or DWI? You have more options than you might think. These are serious charges, and you need legal representation. A DUI lawyer is invaluable in protecting your rights. You likely made some mistakes. You have to understand you endangered others on the road if you indeed drank too much. However, simply knowing your guilty does not mean you give up. Instead, you hire an experienced lawyer who specializes in DUI, who can protect your rights, and who can make an effective defense.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

DUI laws are intended to protect drivers and pedestrians, which is why you face jail time, fines, and long license suspensions for driving with drugs or alcohol in your system. Thousands of deaths every year are attributed to DUI, and Michigan DUI laws are designed to punish those who endanger others.

But if you made the mistake, you likely feel bad enough. Who can help? You need a Michigan DUI lawyer with experience in defense. You need an experienced lawyer capable of challenging the charges, fighting for your rights, and making the final decision a fair one.

How do you find a good DUI lawyer?
The State Bar of Michigan (found at MichBar.com) is a good access point for finding prospective lawyers, even providing help for those who simply cannot afford high fees. Searching online, even if you get access from a local library, can be invaluable in finding an experienced lawyer capable of defending you. You should always meet with the lawyer before making any decisions, go over rates and experience, and also make sure you can communicate well with him or her.

What penalties can you avoid?
You might think a defense is impossible. Or you may be outraged at what happened and how you were treated. A defense is always possible, and if you were wronged, your rights can be protected. In Michigan, DUI law is stiff. As in all states, if you have a  blood alcohol content (BAC) or .08%, you can be charged. If you are charged, you can expect license suspension, fines, and potential jail time. For a first offense, you rarely get long jail time, though there is the potential for up to 93 days. You also pay less in fines and your license suspension can be months. However, just with a second Michigan DUI offense, you can spend up to 1 year in jail, have extended license suspensions, and pay up to $1,000 in fines.

On the other hand, if you were wronged – if your rights were violated – you may be able to avoid some or all penalties. You have a right to a defense, as provided by the sixth amendment, and the best defense is with a lawyer who understands Michigan DUI law, what happens in court, and how a defense is constructed.

Your DUI Defense Options
You have three options – and these options are not all equal – when preparing a DUI defense: defend yourself, use a court appointed lawyer, or hire a professional Michigan lawyer. Rule out defending yourself unless you are a DUI lawyer. If you cannot afford to hire a Michigan DUI lawyer, use the court appointed lawyer, who will at least have court experience. The best defense, especially if you want to challenge the charges, is with a professional DUI lawyer. He or she will specialize in DUI law, will have incentive to help you, and can invest a lot of time into your defense.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

Staying positive after a DUI charge may seem to be impossible, but it’s important to keep moving forward. You hire a lawyer. You prepare a defense. You question what happened. That’s a start, but let’s go further.

The Questioning Officer
Many DUI lawyers hear this story. Remember the good cop/bad cop routine on TV? Well, it occurs sometimes with just one officer. He or she is all by the books when testing your for alcohol with a breathalyzer, perhaps asking you to do some field sobriety tests, and explaining your rights. Now, when he or she explains your rights, listen to them carefully (or recall how it goes). “You have the right to remain silent, and anything you say can and will be used against you in a court of law.” These words  are more important when the officer starts being friendly and asking you questions. He or she might pretend friendliness in order to get more information – in other words, getting you to incriminate yourself. Don’t; you should avoid saying anything else. All you need do is give you information, take the breath test, and accept any charges. Ignore the rest.

Remember What’s Said?
Write down any details you possibly can. Even if you did not answer questions, write down what the arresting officer said. Write down, in other words, every detail you can think of.

Play Fair
When in jail, say nothing, do nothing, make no mistakes. This can be quite difficult, especially if you are angry and worried. However, the more you say to police officers when you are put in jail, the more words you sling at them, and the more you say to other inmates only hurts your case. If you are mean to officers, it only works against you. Make this like a bad meeting with a boss in a job you have to keep; the less you question and take personal the better.

Your Testimony Verses Arresting Officer Testimony
Often what happens in a DUI case is the arresting officer’s testimony against yours. While it may seem unfair that one person can provide proof to punish you, that’s the way it works. Most judges will look at an arresting officer as more trustworthy than someone charged with a DUI. You have to understand many judges see DUI cases on a daily basis, making your story quite common. However, if you write down what exactly happened, if you feel wronged, and if you make contact with an experienced attorney, you still have a great chance of beating some charges or lessening penalties.

How can you question officer testimony? You can by collecting witnesses. That means anyone you meet while in jail, including any guards or others in jail, who are credible witnesses on how you seem can be used. Why? Because if the arresting officer says you were clearly intoxicated, but you have credible witnesses saying otherwise, you can discredit the testimony.

Tell Your DUI Attorney Everything
You should not lie to any officer or judge, but the one you trust with everything is your DUI attorney. If you have collected some witnesses, he or she should be the first one you provide the information. If you had in fact been drinking, explain the events. If the officer acted oddly or treated you wrong, your lawyer can take advantage of it.

Sometimes preparing an effective defense is more about what you do when arrested than what happens after. However, remember that how you act from the officer’s vehicle, to jail, to your home, and to court all can be used for you or against you.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

Some think that once you drink in excess, and get pulled over by a police officer, the game is over. You will be charged, you might as well plead guilty, and you’ll face penalties. Nothing is further from the truth. Yes, there are instances where even a strong DUI defense cannot limit charges, yet those are quite rare. You should always question what happened. How do you do that? You hire an experienced DUI lawyer to defend you.

And if you’ve been drinking, it’s does not always mean you are guilty. There are many considerations to be made in how much you drink, what you drank, what you ate, when you drank, what you weigh, and whether you are a man or woman. Unfortunately, many DUI tests, especially the breath test, cannot account for many of these factors.

Alcohol Absorption
Simply drinking does not mean you will be intoxicated when driving. If you drink, then go drive, the alcohol may not have fully been absorbed into your blood. It takes time for alcohol to be taken into your blood and then have an affect on your body.

In Your Blood
Alcohol is also eliminated from your body. It’s not good for you, so your liver takes care of it. If you are very healthy, the alcohol will quite often be taken out of your bloodstream. If you drink in extreme excess, of course that is another story. But the point here is that alcohol may not even be in your blood stream. A blood test, designed to prove guilt, may prove innocence here.

Breath Tests and Weight
If you are heavier, alcohol will have less affect. If you are thinner or smaller, it will have more affect. This is important because breathalyzer test do not factor in whether you are heavy or light. Also, if you are in shape with a lot of muscle, that means alcohol has less affect on you. On the other hand, if you are big, have a lot of body fat, and drink in excess, alcohol will have more affect. Again, breathalyzer tests cannot differentiate between body weight and body type.

What did you eat?
If you ate a lot of food while drinking, that too can influence your alcohol level. Food both helps eliminate alcohol from the blood and slows the process of intoxication. If you ate nothing, drank some shots and beers, then you are likely intoxicated to some point. If you ate a full meal with  a moderate amount of beer, that may be different.

Did you take medicine or mix drugs?
If you are medication, most labels explain you should not mix your medicine with alcohol, especially at the same time. If you take a pill for depression or anxiety and then mix it with some alcohol, you will definitely be affected. Even if you drank under the legal limit – .08 in all states – you can be charged with a DUI if drugs are found in your system along with alcohol.

Tolerance Questions
While you may think you have a strong tolerance for alcohol, on blood and breath tests it won’t matter. You drink 10 beers, feel fine, and drive, then are pulled over. You may pass field sobriety tests such as walking in a straight line, but fail the breathalyzer. That’s all an officer needs to arrest you.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!