Westland Drunk Driving Michigan 18th District Court Judge Sandra A. Cicirelli and Mark A. McConnell - How to Defeat a DUI Charge in Wayne County
There are two ways to defeat the "per se" charge:
The first way is to not challenge the actual test result, but challenge it's relevance to when the defendant was actually driving. If the defendant is driving at 10 pm, but the test is administered at 11 pm, then the result isn't actually what the driver would have registered at 10 pm. The test cannot prove what the defendant's blood alcohol was at 10 pm, but only at 11 pm. This could be very helpful if the blood result is in the 0.09 -0.11 range an hour later, because the blood alcohol could be rising, and was below 0.08 an hour earlier.
The second way is to challenge the accuracy of the breath, urine or blood test. This tests can be challenged on the basis that procedures, safeguards, chain of custody and may other factors were not followed, and results are not accurate. An expert could testify, and re-create the defendant's consumption, and based upon all factors including the amount of alcohol, weight of the defendant and time considerations, what the defendant's blood alcohol was at the time of operation. If this result is different than the state's evidence, it might create reasonable doubt for an acquittal.
Although both theories can be challenged, the jury only needs to find that either you were "under the influence" or had a blood alcohol level above .08.
Here are the possible Michigan OWI Penalties for a first offender:
- a $100 to $500 fine and one or more of the following:
- Up to 93 days in jail.
- Up to 360 hours of community service.
- Driver's license suspension for 30 days, followed by license restrictions for 150 days.
- Possible vehicle immobilization
- Possible ignition interlock
- Six points added to driving record
- Driver Responsibility Fee ($1,000 for 2 consecutive years)
Here are the possible Michigan OWI 2nd Offense Penalties
- $200 to $1000 fine, and one or more of the following:
- 5 days to 1 year in jail.
- 30 to 90 days of community service
- Driver's license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
- License plate confiscation.
- Vehicle immobilization for 90 to 180 days, unless the vehicle is forfeited.
- Possible vehicle forfeiture.
- 6 points added to the offender's driving record.
- Driver Responsibility Fee of $1,000 for 2 consecutive years.
DUI Attorney & Former Prosecutor Jonathan Paul