Evaluating your DUI Arrest / OWI Arrest is crucial and can make a difference on whether your OWI/DUI charge will stick, get reduced or dismissed.
Many arrested on a Drunk Driving charge in Michigan feel that they are guilty just becasue they were arrested for an OWI ("operating While Intoxicated"). The smart ones, retain a good DUI Attorney to evaluate their case, while others (not so smart) just hire just any non-DUI Attorney specialist to who does not properly evaluate and investigate their case or those who simply just walk into court and plead guilty without an OWI Attorney.
The best DUI Attorneys in Michigan are very few but all will tell you that you are making a big mistake if you don't retain an experienced DUI Attorney who will evaluate and investigate your DUI arrest. Why? Because investigation and evaluations of your DUI arrest can lead to a reduction of your OWI/DUI charge or downright dismissal. There is a reason why 50% of DUI Trials in America result in Acquittals and more than 90% in Michigan result in reduced plea offers.
If you think about it, soon after you are released from jail, the police and prosecutor have already investigated and gathered most, if not all, the evidence they need to convict you. And what have you done on your end to defend against this DUI/OWI charge while sitting in a jail cell for several hours?
This is why soon after your release from jail, you will want to retain a good DUI Attorney right away or start your own investigations if you can not afford to retain an attorney. Even if you end up qualifing for a court appointed attorney, it is unlikely that they will gather all of the evidence needed to evaluate your case. So what yoou will want to do, if yoou can't hire a good DUI Attorney, is to start your own investigations with some or all of the following, where applicable to your particular issue(s):
- Prepare a TIMELINE from the moment you were stopped by the police to the time you were released from jail.
- Prepare a FOIA (Freedom of Information Act) Request directly to the police department that arrested you for copies of the (a) police report(s), (b) police car video, (c) police station booking video, and in some cases (d) PBT logs as well as datamaster logs. THIS IS VERY IMPORTANT BECAUSE THE POLICE WILL DESTROY THE VIDEOS WITHIN A FEW WEEKS AFTER YOUR DUI ARREST.
- If you were involved in an accident, go out to the scene and take lots of pictures of the area, including the street signs, road conditions, etc.
- If blood was taken, hire a private laboratory to peform an independent blood test.
There are several other means of gathering evidence and information of your DUI arrest. You might want to consult a DUI Attorney for a case evaluation analysis. While every DUI case is different and how choose to explore the evidence or challenge issues in your DUI arrest is strictly on a case-by-case basis. But at the very least, your case should be examined for the following issues:
- Did the police pull you over based on a hunch that you may be drunk driving without having any observations of committing a civil infraction?
- Did the police lack reasonable suspicion to seize you?
- Did the police officer lack probable cause to arrest you?
- Did the police officer fail to follow the rules and procedures in administering breath or blood testing?
- Did the police officer violate your consitutional rights?
If the answer to any of the above is "YES" then you may have a good basis to challenge your OWI/DUI/DWI/OUIL charge. Challenging your DUI arrest can weaken the prosecutions case and can lead to a reduction of charges or a dismissal all together, even before going to trial.
If you were arrested for drunk driving in Michigan, speak to our experienced and knowledgable DUI Attorneys. Call us or fill out our quick contact form.
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