If you are caught driving a motor vehicle while under the influence of alcohol in Michigan (DUI), you can be facing some serious penalties. Those penalties could include jail time, huge monetary fines, community service, and/or mandatory participation in the State’s ignition interlock device program. A DUI is often also a source of tremendous embarrassment, since you will lose your license to drive for a period of time and may have to rely on other individuals to drive you to work, social events, and other appointments.
If you have been charged with a DUI in Michigan, it is essential that you retain an experienced attorney to represent you as soon as possible. A lawyer can review all of the circumstances surrounding your arrest, and may be able to assert a defense on your behalf in court. A Michigan DUI attorney near you at Nickola Law can also make sure that all of your legal rights are safeguarded while your case is pending. Contact us online today for more information about how we could assist you with defending against your pending DUI charge.
In the State of Michigan, a person could be arrested and later convicted of DUI if he or she is caught operating a motor vehicle with a blood alcohol concentration (BAC) of at least 0.08 percent. More stringent standards apply for minors, where there is a 0.02 percent threshold. Commercial drivers in Michigan, including commercial truck drivers, are also held to a higher legal standard.
Fortunately, there are many defenses that you may be able to allege in response to a criminal DUI charge. First of all, you might be able to argue that the breathalyzer equipment that a law enforcement officer used to test your blood alcohol concentration (BAC) malfunctioned and was not working properly at the time the test was performed. You might also be able to argue that you suffer from a medical condition and that it was this medical condition that kept you from being able to properly perform a particular field sobriety test.
Moreover, you might be able to claim that because of the long time that elapsed between the time of your arrest and the time you were tested, any alcohol in your system had time to process. As a result, you may be able to claim that at the time you were operating your vehicle, you were not legally intoxicated.
Finally, you might be able to argue that a law enforcement officer initiated an invalid or random traffic stop, and that has a result, any incriminating breathalyzer evidence that was later obtained should be suppressed. An experienced Michigan DUI attorney near you can help you decide on the best defense to argue at your criminal trial.
If you are successful in raising a legal defense to your DUI charge at trial, the criminal case against you may be subject to dismissal. However, if you are ultimately convicted of a DUI, you will most likely be facing serious criminal penalties, one of which could include jail time.
If you have been arrested or charged with a DUI, the sooner you seek legal representation, generally speaking, the better off you are. The knowledgeable legal team at Nickola Law is ready to assist you with defending against your DUI charge today. To schedule a free legal consultation and case evaluation with an experienced Michigan DUI attorney near you, please contact us online today for additional information and to learn more.
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