DUI Defense Lawyers in Michigan

If you have been convicted of DUI in Michigan, you may be wondering what your options are for getting the conviction expunged from your record. A DUI lawyer, like those you can find at The Law Offices of Barton Morris, can help you determine if this is a possibility and guide you through the process. There are many factors that will go into whether or not you are eligible for expungement, and it is important to work with an attorney who understands DUI law in Michigan.

A great Michigan DUI defense lawyer is an expert at handling all types of operating while impaired (OWI) cases. This is why you want to retain our services. If you’re facing charges, contact us immediately to speak with a proven OWI defense attorney.

As the law firm with the President of the Michigan Association of OWI Attorneys (MIOWIA), we don’t take a case with the intent to plead a client guilty at the first offer made.

We know that getting the best result often times means doing the work necessary to earn it.

Facing DUI charges? Unhappy with your current OWI defense attorney? Request a free consultation now.

Experienced DUI Attorney in Michigan

DUI charges are serious business, and you need an experienced DUI attorney on your side if you want to fight the charges and avoid a conviction. Barton Morris has successfully defended many clients against DUI charges, and he can help you too. He knows the Michigan DUI laws inside and out, and he will use his knowledge to build a strong defense for your case.

Professional DUI Legal Services

When you hire Barton Morris to defend you against DUI charges, you can rest assured that you are getting the best possible legal representation. He will work tirelessly to get the best results for your case, and he will keep you informed every step of the way. When you need DUI legal services in Michigan, make sure you partner with the top-rated attorney at the Law Offices of Barton Morris!

Legal Representation & Consultation Services

DUI Attorney Barton Morris offers a free initial consultation to discuss your DUI charges and to answer any questions you may have about your case. After the consultation, he will work with you to develop a legal strategy that fits your unique needs. If you decide to move forward with his representation, he will fight aggressively on your behalf to get the best possible outcome in your case.

Count On Our Michigan DUI Attorneys

If you are facing DUI charges, don’t try to navigate the legal system alone. The experienced DUI attorneys at the Law Offices of Barton Morris can help you fight the charges and avoid a conviction. We offer a free initial consultation, so call us today to get started on your defense.

A Michigan DUI Defense Lawyer Must Understand DUI Case Evidence

Every DUI case requires expertise on the following subject matter:

DUI Detection And Enforcement This includes how the officer is trained to observe a motor vehicle in motion and the driver immediately after the stop. This also includes the non-standardized field sobriety testing.

Standardized Field Sobriety Testing There are three standardized field sobriety tests that are always administered:

• Horizontal gaze nystagmus (HGN)
• The walk-and-turn
• One-leg stand test

The Officer’s Arrest Decision Every police officer is trained how to make an arrest decision based upon the tests conducted, driving observed and observations of the driver.

Chemical Bodily Alcohol Testing

There are three different tests that are administered by law enforcement to determine a driver’s bodily alcohol content.

Preliminary Breath Test (PBT)

Administered on the road, before arrest – not admissible as evidence of blood alcohol content (BAC).

Datamaster DMT Breath Test

Administered at the police station, typically two times.

This test, only if administered properly and the instrument is maintained properly, can be admissible in court to determine a driver’s BAC.

Whole Blood Test

Blood can be drawn pursuant to consent or a search warrant.

The blood has to be drawn by a qualified person, under the supervision of a doctor and delivered to the Michigan State Police as soon as possible after it’s drawn.

Results can be admissible in court to prove a driver’s BAC.

Facing DUI charges? Unhappy with your current OWI defense attorney? Request a free consultation now.

Relationship with Prosecutors and Courts

DUI offenses are the most common criminal offenses in the criminal justice system.

For this reason, prosecutors and judges are very set in their ways about how to deal with them.

They often have “policy directives,” which means they have been told how to deal with them to promote fair treatment and a particular objective (like to be known for being harsh on DUI offenders).

Know it will not matter if the lawyer is “friends” with the prosecutor or judge

It will not matter if the lawyer is “friends” with the prosecutor or judge. It doesn’t matter whether the defendant has a job that cannot tolerate a DUI offense (like a person with a CDL or job that depends upon driving). There’s only one way to get a prosecutor or judge to deviate from their policy — if an experienced and well-known DUI defense lawyer shows them they have a problem with their case.

Is a known and successful DUI defense lawyer

First, it’s necessary that the lawyer has to be a “known and successful” DUI defense lawyer. With anyone else, the prosecutor will not take them seriously. Unless the prosecutor knows that the lawyer is experienced and has the ability to take the case to trial and win, they have no incentive to offer anything special. They will not believe them because most lawyers don’t know DUI defense. In fact, most lawyers have never tried a DUI case. If they have, it has only been one or two. A real DUI lawyer has tried dozens of DUI cases. Of course, it helps to have won a majority of them.

Are well known by the judges, prosecutors and the police officers

Great DUI defense lawyers are well known by the judges, prosecutors, and the police officers. They’re properly trained and skilled lawyers who know more than every person in the courtroom. They understand the legal defenses inside and out. Additionally, they are experts at forensic scientific evidence, which is what is necessary to fight a chemical test. Every DUI case has a chemical test. If the defense lawyer doesn’t know how to fight it, then they don’t know how to fight a driving under the influence case. A defense attorney must be able to formulate an effective defense strategy applying the state’s DUI laws.

Has to be a great trial lawyer

This means the best DUI lawyer has to be a great trial lawyer. This is the only true threat to a prosecutor. Most lawyers never try any cases, let alone DUI cases, because they are the hardest. The best DUI lawyer must be trained and possess a solid understanding of scientific principles, including metrology, analytical chemistry, biological chemistry and medical science. Additionally, a DUI lawyer has to know what medical conditions may interfere with chemical testing for alcohol. They must also know the science behind field sobriety tests and how police are trained to perform and evaluate them.

Knows every measurement is nothing more than an estimation

Qualified DUI lawyers in Michigan know that every measurement isn’t precise and every measurement has a degree of measurement uncertainty. Every measurement is nothing more than an estimation, and some are better than others. This principle is more important when the “estimation” of BAC of the accused is closer to the legal limit. In cases when the BAC is not near the legal limit, there are still good defenses.

When the BAC isn’t consistent with the visual observations that may have been captured by a video recording device in the police car recording the DUI tests after the traffic stop, there’s a disconnect between the two pieces of evidence, which by itself can cause a reasonable doubt.

Have a great understanding how blood sample alcohol testing works

Experienced DUI lawyers in Michigan know how blood sample alcohol testing works, who is performing them, what their weaknesses are, and most importantly, how to explain these principles to a jury, judge, or prosecutor in terms they can understand. Knowledgeable DUI lawyers also evaluate the arresting officer to determine what level of training they have received and whether they are qualified to perform the field sobriety tests and the breath test, and properly observe the blood draw. We also know the officers who always say a person arrested for DUI has watery and red eyes.

When the prosecutor knows the defense lawyer is one of the most experienced DUI lawyers in Michigan and possesses all of the skills mentioned above, like all of the lawyers at the Law Offices of Barton Morris, they’ll know they’re going to either give a good plea deal or work hard until one is given.

Prosecutors get paid the same thing regardless if they’re fighting the defense or not.

Therefore, they have the incentive to give a deal because when someone isn’t getting paid any extra, naturally, their motivation to work is less and their motivation to settle is greater.

Facing DUI charges? Unhappy with your current OWI defense attorney? Request a free consultation now.

A Great Michigan DUI Defense Lawyer Must Have a Reputation for Expertly Trying DUI Cases

Very few lawyers have tried more than five DUI cases to a jury.

However, Barton Morris has tried more than 30.

The reason is that it takes specialized knowledge to successfully try a DUI case.

It isn’t like a shoplifting or assault case, where the evidence is much easier to understand.

DUI evidence is scientific and takes specific training to learn and effectively use in a trial.

Consequently, very few lawyers can actually win a DUI case.

It’s for this reason prosecutors don’t think they will ever lose a DUI case against a lawyer who doesn’t have a reputation for not only trying them, but also winning them.

Therefore, only DUI lawyers with a reputation for being DUI trial lawyers have a prosecutor’s attention and respect.

It’s a well-known fact that an expert DUI lawyer will get plea bargains and results that are far better than others.

Facing DUI charges? Unhappy with your current OWI defense attorney? Request a free consultation now.

A Great Michigan DUI Defense Lawyer is Always Practicing

It’s not easy becoming a master at defending DUI cases.

This is why there aren’t many lawyers who truly do it.

It takes time, money, dedication, and a passion for learning.

Most lawyers don’t take the time necessary to be good because they’re satisfied with being average.

They can take a lot of DUI cases and pretend they know what they’re doing.

The truth is that they know very little.

Ask any lawyer you are thinking about hiring how a breath alcohol test works.

Not very many will know or be able to explain even the basics.

How can they then know how to beat it?

The same thing can be said for a blood test or preliminary breath test (PBT).

Passionate DUI lawyers are always learning how to be the best.

There are only a couple places where this instruction has been given.

The attorneys at the Law Offices of Barton Morris have been to all of them (and teach them).

The National College of DUI Defense (NCDD) is the oldest and most prestigious DUI defense association in the country. They offer four highly regarded courses every year.

Every spring, they put on Mastering Scientific Evidence at the Royal Sonesta Bourbon Street in New Orleans.

The fact that they devote an entire seminar every year only on scientific evidence for DUI cases demonstrates how important scientific evidence is in a DUI case.

Every summer, NCDD has seminars at Harvard Law School, which is their highlight of the year.

These are three-day courses with instruction from morning until evening.

Every fall, there is the DUI seminar in Las Vegas, which they host alongside the National Criminal Defense College (NCDC).

Facing DUI charges? Unhappy with your current OWI defense attorney? Request a free consultation now.

Refused to Take a Test to Determine Your BAC? Act Within 14 Days or Lose Your License

Michigan has a law called Implied Consent.

This means all drivers are considered to have given their consent to a chemical test to determine your bodily alcohol content (BAC) using your breath, blood or urine.

According to the Secretary of State’s Office:

“If you refuse a test, six points will be added to your driver record and your license, or non-resident operating privilege, will be suspended for one year. A suspension of a license, or non-resident operating privilege, is automatic for any refusal to submit to the test. This is a separate consequence from any subsequent convictions resulting from the traffic stop. “If you are arrested a second time in seven years and again unreasonably refuse the test, six points will be added to your driver record and your license, or non-resident operating privilege, will be suspended for two years. “If you refuse to take the test under the Implied Consent Law or if the test shows your BAC is 0.08 or more, your Michigan driver’s license will be destroyed by the officer and you will be issued a 625g paper permit to drive until your case is resolved in court. “The Implied Consent suspension may be appealed to the Administrative Hearings Section. The request for hearing must be mailed within 14 days of the date of arrest or your operator’s or chauffeur’s license and vehicle group designation or operating privilege will be automatically suspended.”

Here’s the bottom line:

You need to act immediately if you refused to take a chemical test.

Your license will be suspended within 14 days. You have no time to waste.

Facing DUI charges? Unhappy with your current OWI defense attorney? Request a free consultation now.

Don’t Hire The Student When You Can Hire the Teacher

The second national DUI defense organization is just as good, if not better.

The DUI Defense Lawyers Association (DUIDLA) is the newest, but most popular national DUI defense lawyer organization.

Barton Morris is a Charter (original) Member.

They also have four highly regarded seminars held all over the country. Barton Morris is a previous DUIDLA Foundation Trustee and Faculty Member.

The Michigan Association of OWI Attorneys (MIOWIA) is the State of Michigan’s DUI defense lawyer’s association. Currently, Barton Morris is its president.

They hold two seminars every year for Michigan DUI lawyers on the topics of driving under the influence of drugs and alcohol. Barton Morris regularly lectures at each seminar.

Additionally, he organizes each one with his fellow board members. Barton usually teaches topics on blood alcohol testing and field sobriety testing.

Attending these seminars is the best way to learn because there’s no place else to learn this valuable information.