Operating While Intoxicated in Michigan

Michigan DUI Attorney

Michigan DUI Attorney

Michigan law calls drunk driving Operating While Intoxicated or Driving Under the Influence or Driving While Intoxicated – OWI / DUI / DWI, which specifically forbids the driver of any motorized vehicle, including boats and go-carts, from operating the vehicle after consuming intoxicating beverages or any intoxicating substance. If the substance or beverage is alcohol, a BAC, or bodily alcohol content of .08% is illegal. Alternatively for intoxicating substances the law penalizes a driver if the substance materially and substantially affects the driver’s ability to operate the motor vehicle.  It is imperative that you hire an experienced OWI attorney to defend your case. There are several factors to considering in creating the best defense strategy possible, and for that reason, you will want my expertise to assist you in coming up with a plan that maximizes your chance of success, including dismissal of charges altogether or a significant charge reduction.

OWI Offense and Penalties

It is important to understand that whether or not your ability to drive is impaired, if your blood alcohol content (BAC) is above .08% you will be charged with operating while intoxicated.

Although a first OWI offense is a misdemeanor, you could still be facing:

  • Up to 93 days in jail / Up to 180 if a BAC is .17% or greater.
  • Up to 360 hours of community service
  • Up to $500 in fines
  • Six month driver’s license suspension/restriction

Being convicted of drunk driving will also damage your ability to obtain affordable car insurance and will show up during any criminal background check making it more difficult to obtain a job, housing, and financial assistance for education. As of now, Michigan law does NOT allow for driving convictions to be expunged off of your record – once there, it stays there. This is a serious matter for both future and current employment prospects.

OWI Defenses

To properly defend any DUI drunk or drugged driving case the alcohol testing must be carefully and exhaustively scrutinized by the expert DUI defense lawyer. For breath tests, the Datamaster breath test machine that was utilized must be thouroughly investigated. All calibration and simulation records must be carefully examined. The required 120 day Class IV operator maintenance reports must be requested and examined. The maintenance and service history records must be obtained from the manufacturer and examined. The breath test operator’s Datamaster training history must be requested and documented. A printout of the instrument’s calibration history must be ordered and reviewed. A full profile of the Datamaster’s operational history must be understood. Further, it must be determined if the accused had any medical diagnoses issues that could affect or invalidate the breath test. These diseases include type one and type two diabetes and gastroesophageal reflux disorder (GERD).

A blood alcohol test performed by the Michigan State Police Forensic Science Division must also be fully investigated. Most attorneys will take the summary test results report as fact because they do not know what records must be obtained and even how to evaluate them. There are about 1000 pages of records that exist for each test and they all must be reviewed to establish the testing accuracy and reliability. These records are obtained and professionally reviewed by an experienced attorney for every blood alcohol test case. To accept the one page summary blood test toxicology test results as fact is done all the time by inexperienced DUI attorneys. They do not know the desire or inclination to take the time necessary to educate themselves on how to properly evaluate and challenge blood alcohol tests. Further, the blood draw procedures and protocols must also be specifically questioned and evaluated. The chain of custody of the blood sample must also be investigated. There are several avenues of question and attack in blood alcohol testing cases for an experienced and knowledgeable DUI attorney like Michigan drunk driving lawyer Barton Morris.

Barton Morris is the only Forensic Lawyer Scientist in Michigan

Attorney Barton Morris is determined to work hard defending your first operating while intoxicated (OWI) case.  He is experienced in challenging the field sobriety testing procedures as well as the procedures used during any blood draw.  Often times, police violate a person’s fourth amendment rights when they initially pull over a vehicle.  Proving to the court that your Fourth Amendment rights were violated during the stop will result in the dismissal of your case!

For this reason, it is imperative that you contact the Law Office of Barton W. Morris, Jr., for an immediate case evaluation to find out more about your OWI / DWI / DUI charge.  Barton W. Morris is dedicated to researching and understanding OWI charges and takes an aggressive approach in defending each and every one of his clients all across the state of Michigan. Having conducted multiple-dozens of jury trials gives Attorney Barton W. Morris, Jr., the experience necessary to effectively handle every criminal matter and persuade any jury that the prosecution cannot and has not proven their case.

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