Flint Michigan Criminal Defense Lawyer - DUI / Drunk Driving Defense
Return to Areas of Practice Page
DUI - The Basics
In every state, it is a crime for a driver to operate a vehicle while impaired by the effects of alcohol or drugs. The specific offense may be called driving under the influence (DUI), driving while intoxicated (DWI), operating under the influence (OUI), and even operating a motor vehicle intoxicated (OMVI). Whatever the specific title, DUI laws make it unlawful for a person to operate a car, truck, motorcycle, or commercial vehicle if:
- The driver's ability to safely operate the vehicle is impaired by the effects of alcohol, illegal drugs, prescribed medications such as painkillers, or even over-the-counter medications such as antihistamines; or
- The driver is intoxicated at a level above established DUI standards, such as blood-alcohol concentration (BAC).
Field Sobriety and Chemical Tests
When a law enforcement officer makes a vehicle stop and suspects that the driver may be intoxicated, the officer will conduct a "field sobriety" test on the driver, and may ask for his or her consent to some form of chemical test for intoxication.
Field sobriety tests usually involve a police officer asking a driver to perform a number of tasks that assess any impairment of the person's physical or cognitive ability. Examples of field sobriety tests include having the driver walk a straight line, heel to toe; having he or she recite the alphabet backwards; and the officer's use of the "horizontal gaze nystagmus" (eye and penlight) test.
Chemical tests can be conducted during the vehicle stop, using a Breathalyzer that measures a driver's blood-alcohol concentration (BAC), or at a hospital, where urine and blood tests can be performed. Many states allow a driver suspected of DUI to choose which type of chemical test is administered.
Refusing a Chemical Test: "Implied Consent" Laws
All states have "implied consent" laws that require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. The logic behind such laws is that, by assuming the privilege of driving a vehicle on state roads and highways, drivers have effectively given their consent to DUI testing when a police officer reasonably believes the driver is under the influence of alcohol or drugs. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year. Often, license sanctions for test refusal are more harsh than those imposed after DUI test failure. In most states a driver's refusal to submit to a chemical test may be used to enhance the penalties imposed if he or she is eventually convicted for DUI.
"Per Se" and "Zero Tolerance" DUI Laws
All states have DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) above a set limit (now .08 in all states). This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary.
All states also carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02.
DUI Convictions: Criminal Penalties
A DUI conviction may carry criminal penalties including fines, jail time, probation, and community service. Some state laws impose certain minimum penalties for first-time offenses, then designate increased penalties for each offense thereafter. Severity of criminal penalties will vary according to the circumstances of the offense, including:
- Whether the driver has a history of DUI violations;
- Whether the driver was operating a commercial vehicle at the time of the DUI;
- Whether the DUI violation occurred while there was a child in the vehicle;
- Whether the DUI violation occurred simultaneously with another dangerous moving violation, such as reckless driving;
- Whether the DUI violation involved a car accident in which property damage occurred;
- Whether the DUI violation involved a car accident in which another person was injured or killed; and
- Whether the driver was under the legal drinking age at the time of the DUI violation.
Defenses to Drunk Driving
A person charged with drunk driving usually attacks the arresting officer's observations or opinions as part of his or her defense strategy. A defendant may also attack witnesses that tested the defendant's BAC, or the defendant may call on someone who can testify that the defendant was sober.
In addition to these strategies, a defendant could rely on one of several defenses. These defenses include the following:
- Necessity, which applies when a person must drive to prevent a greater evil;
- Duress, which applies when the defendant drives in order to avoid serious injury or death;
- Entrapment, which applies when an officer requests that a person drive drunk;
- Mistake of fact, which applies when a person has an honest belief that his or her BAC is below the legal limit;
- Involuntary intoxication, which applies when the person has ingested alcohol without his or her knowledge
Also check out the other Areas of Practice that we can help you with:
In Michigan, call (810) 767-5820 for your free consultation to discuss your Flint Michigan Criminal Case. |
