I fight DUIs (in Michigan referred to as OWIs). There are several different ways to fight an OWI / DUI. Every DUI case is different and requires intese individual review.
I have completed the same National Highway Transportation Saftey Administration (NHTSA) DUI training course that the police officer who arrested you was required to complete before administering sobriety tests. Most of the time, these tests are administered improperly which sometimes can lead to a dismissal by an experienced DUI attorney.
Why spend the money to hire a qualified attorney?
OWI related offenses are non-expungeable. That means it will stay on your record forever. You will also pay thousands in fines and additional costs if you are convicted. In short it is worth it to hire a good attorney to review your case.
Our plan of attack:
1. Preserve & Review Video Evidence:
Most police vehicles today have video cameras with audio mounted on their cars. Some video cameras are constantly turned on, when others are activated only with their lights. In addition to the video they take at the stop, occasionally they also have cameras in the room where they make you blow on the breathalyzer and most always in the booking room.
While many times these tapes are pulled for evidence, if the tapes are not pulled they are taped over within a period of time. If this happens to you, your valuable evidence that could help you beat the case would be destroyed and all the court has to rely upon is your word verses the officers.
The day we are retained, we take the appropriate steps to make sure that the proper video evidence has been preserved. If the police did not have reasonable suspicion to pull you over, the entire case can be dismissed upon the filing of a motion. Likewise, failure for police to follow specific protocal before administering both the preliminary breath test (PBT) and thein station breath test could result in a dismissal.
2. Review Additional Evidence
Once we have the videos, we review all of the additional evidence. If you blew in the datamaster, we review the breathalyzer logs to make sure that the machine has been properly calibrated and inspected as required by statute. We also verify that the person who gave you the test is certified to do so. If blood was drawn we make sure that the procedure was done correctly. We also check the police report to see any inconsistencies in the police officers story with your story and the video tape evidence.
3. Pre Trial Motions
If there was a bad stop, no probable cause for your arrest or for your preliminary breath test or if the police made any mistake, we will file the appropriate motions. Generally if we win these motions, your case will be dismissed.
Mitigation or Trial
Often times pleas to lesser drinking and driving related offenses are available. While these lesser offenses are still on your record, they carry less driving restrictions and other sanctions. From the first day we are retained, we will begin preparing you for everything you need to do in case your OWI cannot be beat. If you take proactive steps starting from the day after you are pulled over, you can mitigate your sentencing. Our experience dealing with these types of cases will help you know what to expect during sentencing and the rest of court proceedings.
Understand that every OWI case is different and as such, our strategy will be customized for each situation. It is extremely beneficial to get an attorney willing to take the time to see if there is any way to beat your OWI.
If you have additional questions, feel free to give us a call at 877-I-CAN-WIN. Our phones are answered 24 hours a day seven days a week and our OWI consultations are always free.