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Choosing a Michigan DUI Lawyer

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.



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Building a Michigan DUI Defense

In the state of Michigan, DUI charges stem from the danger in abusing substances and driving. The problem is a big one: many die every year in Michigan due to driving under the influence, particularly young people. For DUI defense, let’s first go over what happens before you’re pulled over.

Why are you pulled over?

According to the state of Michigan official site, you weave between lanes, wander from one lane to another, run off the pavement, stop too quickly or slowly, drive too quickly or slowly, go through stop signs or signals, or even drive on the wrong side of the road. Many of these are quite obvious, but by drinking, you’re losing the ability to drive and make good decisions. Those who abuse alcohol or drugs and drive are a leading cause of accidents in Michigan.

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.



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How to Defend a DUI In Michigan – DUI Related to Arrest

Defending a DUI is complex in any state, especially if you want to fight the DUI by the case made with the arrest. This means you are appealing to how the officer arrested you.

Michigan police officers act about the same as officers in other states during a DUI arrest. There are different names for drinking and driving, from DUI to DWI to OWI, and there are different ways they are punished. But the basic BAC, blood alcohol content, is the same 0.08% in every state in the country.

How do you defend a DUI arrest? What happens if this is your second or third DUI? What if you feel the officer made mistakes in arresting you? This guide offers answers.

Defenses for a Michigan DUI Related to Arrest

If the Michigan officer arrested you in the wrong, all evidence gained from that arrest can be considered “inadmissible” in court. If the officer had no reason to pull you over, give you a breathalyzer test, and he arrested you, you can argue this in court.

Probable Cause for Michigan DUI

If the officer had no reason to pull you over, as mentioned above, there is no probable cause. There are many reasons an officer might pull you over in the wrong. You could claim many things, from race to type of car, and argue in court. If the officer pulled you over for reasons beyond believing you were doing something wrong, finds that you’ve been drinking, and gives you a breathalyzer test, state law says there may be no probable cause and therefore no case to take to court.

The Miranda Warning for Michigan DUI

If you are pulled over, tested for alcohol via a breathalyzer or other test, and arrested, you still might have a case. Michigan officers, like all police in the country, are required to follow protocol when it comes to making an arrest, namely explaining your rights in a Miranda warning. The Miranda is the classic speech you hear on TV shows–you have the right to remain silent etc–and it’s actually how things run. If an officer arrests you and gives no Miranda, you have a case against  the charges as your rights were never explained.

Who Can Fight the Michigan DUI for You
In any case, you likely won’t know how to win in court. For instance, how can you plead probable cause if you have no legal experience? Reading the laws is good, but it is no substitute for having a professional Michigan DUI lawyer to help. A DUI lawyer is a must in almost every drinking and driving case. He or she can defend against the DUI in many more ways than listed here, such as the validity of the BAC test.

Your rights are important, so hire the right DUI lawyer to help.



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Michigan DUI Penalties, Laws, Limits, and Definitions

If you’re ever pulled over after drinking in Michigan, you should know how the state enforces DUI laws. Michigan considers drinking and driving as a DUI, driving under the influence, while some other states use DWI, driving while intoxicated. The words have no difference, but what is different  is how Michigan courts handle DUI charges for individuals.

First, what happens if you do get pulled over? You might have prior convictions and no license, which means you’ll be arrested. You might have been drinking some with friends prior to getting in your vehicle, and hurt someone while driving; this would have some of the worst penalties you get for DUI in all states including Michigan. Or maybe you just got pulled over on a bad day, but feel the officer didn’t handle your arrest correctly.

What are your options after a DUI?

1-Hire a DUI lawyer
2-Plead your case
3-Don’t make the same mistake again

Hiring a Michigan DUI lawyer is quite important for any time when you’ve be arrested for a DUI. No matter the circumstances, you need professional counsel to walk you through the process. And if you’re facing major charges, such as felony charges, you cannot do without a Michigan DUI lawyer who can plead your case.

Sometimes you just make a mistake. The trick is not to make the same mistake again. In every state in the U.S., the more driving under the influence charges you get the worse the penalties are. So what are the penalties for a Michigan DUI?

Limits
First, you should know the limit for Michigan is the same as all other states–0.08% or over is a DUI. If you’re under 21, you get pulled over, and have an alcohol level of over 0.02%, according to the “zero tolerance” law, you can be charged.

Definitions for DUI
BAC is blood alcohol content, the 0.08% number. Zero tolerance is a law used across every state which targets drivers under the legal drinking age. Michigan also uses the “implied consent” law, where if you refuse to be tested for BAC, your license can be suspended and you face other penalties.

Penalties for Michigan DUI Charges

Michigan penalties vary depending on the nature of the DUI offense, if you are a repeat offender, and if you hurt someone. If you frequently get DUI and/or drive with a suspended license, you can expect jail time. The same is the case if you hurt someone while driving under the influence of alcohol.

For your first DUI offense, you can expect a 6 month license suspension,. as well as both education and treatment assessment. For a second offense, your license can be suspended for 1 year or more, you are again forced to take alcohol education and treatment, your vehicle can be confiscated, and you can expect to use a Ignition Interlock Device when you do get your license back. For a third offense, the penalties all get stiffer. You can typically expect jail time, extended license suspensions, and harsh fines.

In any case, you’ll need a DUI lawyer to help .The best thing you can do is to be safe and never drink and drive. It’s just not worth it.



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