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.