The potential penalties for a conviction, even if it’s a first offense, can be extremely serious. Having the right attorney can make all the difference; and our attorneys have obtained outstanding results for our clients. There are a number of legal defenses and ways to defend DUI charges; it is even possible to defeat a DUI case.
Drunk Driving Defenses
Some think the deck is stacked against them in a DUI case. However, there are a number of legal defenses and it’s even possible to defeat a DUI case. Some of these defenses include:
No Probable Cause for the Stop: The easiest way to defeat a drunk driving case is when there was no probable cause for the initial stop. A police officer cannot stop you without reason or because it is late at night – the officer must have probable cause for the stop. If there was an insufficient basis for a stop, everything that happened after the stop is inadmissible. Thus, if there was no valid stop – there is no valid case. A case involving an invalid stop will be dismissed altogether.
PBT / Breathalyzer is Inadmissible: When the PBT or breath test was given it must be noted on the scene (i.e. at your car) – or it is inadmissible at trial. Therefore, if the breath test was over 0.08 but there is no subsequent test your case will be won at trial.
Your ‘Chemical Test Rights’ were not Read: If a police officer fails to read to you your chemical test rights – your BAC (bodily alcohol content) results can be excluded from evidence.
Faulty or Inaccurate Machine: DataMaster machines are not foolproof – mistakes are made and the machines do not always work properly, such can be a possible defense in your case.
If you have been charged with a Drunk Driving Defense – it is important to remember it does not mean you have been convicted; do not just plead guilty or give up hope. At Criminal Legal Services, our attorneys are experienced in defending Drunk Driving cases throughout Southeast Michigan.
Additional Information
– Operating While Intoxicated
– Criminal Procedure
– Things to know about your Attorney
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Areas of Law
Arson – Assault & Battery – Breaking & Entering – Breathalyzer Refusal – Check Fraud – Credit Card Fraud – Disturbing the Peace – Domestic Assault – DWLS – Drug Crimes – Drunk Driving – Embezzlement – Federal White Collar – Federal Drug Crimes – Home Invasion – MIP – Murder – Open Intoxicant – Reckless Driving – Retail Fraud “Shoplifting” – Super Drunk High BAC – Theft/ Larceny – Zero Tolerance