Driving under the influence in Michigan is a serious offense. If you are arrested for a DUI, you need to take the charges seriously, especially if someone was injured or killed as a result of your intoxication. In these situations, you may be facing aggressive prosecution from a Michigan district attorney who plans to make an example out of you. If this is not your first DUI charge, you can expect prosecutors to pursue more serious penalties, while the judge is likely to be less willing to cut you any slack. Retaining a DUI lawyer in Flint is the best way to protect your rights.
Potential actions in a DUI conviction can include jail time, hefty fines, a license suspension, and more. In the event of an injury or death, you can expect the penalties to be significantly higher. At Nickola Law, we have handled countless Michigan DUI matters, and our Flint criminal defense attorneys know how to pursue legal strategies to help reduce your potential sentence, or even eliminate DUI charges in some instances. If you have been charged with a DUI in Flint, you need a skilled Michigan defense attorney on your side.
In most cases, when a police officer pulls someone over under suspicion of driving under the influence, the officer will administer a series of roadside tests and may ask the driver to blow into a breathalyzer. It is important to note that you can refuse any test the officer demands of you. The officer is then forced to either arrest you for a suspected DUI or let you go. Roadside tests are always geared to help you fail and allow an officer to proceed with an observation that you are unable to safely operate a motor vehicle. These tests are subjective and can wrongfully show you were intoxicated at the time of arrest.
Even breathalyzer tests have the potential of showing inaccurate results. There is no way for the machine to differentiate between someone who weighs 100 lbs. or is 300lbs. The most scientific method of determining whether someone is intoxicated is to test the blood itself. Officers will take a certain amount of blood and store in the refrigerator. Failure to store the sample in the refrigerator will ruin it, as the sample will ferment, which will increase the alcohol level in the blood. The lab heats the blood to burn off the alcohol and then the amount of alcohol is measured. These tests have to be carefully administered as too little blood will inflate your score.
If you refuse testing, you can expect your driver’s license to be suspended for a year. If you are concerned, you can also request that your blood be tested by an independent lab to verify the police are not doing something illegal.
If you have been charged with a DUI, contact the experienced criminal defense attorneys of Nickola Law. Our attorneys understand how DUI prosecution works and all the ways the prosecution will try to stack the deck against you.
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