The state of Michigan can charge a driver they believe was impaired while driving a motor vehicle, with either a misdemeanor or a felony. DUI or OWI (operating while intoxicated), OWVI (operating while visibly impaired) and OWPD (operating with presence of schedule 1 drug or cocaine) can all be misdemeanors if it’s the first offense. After that, the charges can jump to felonies and the penalties increase dramatically.
Michigan Vehicle Code §257.625 states that you can be charged with DUI if you’re even suspected of operating a motor vehicle with a BAC in excess of the .08 legal limit or if you are operating a motor vehicle under the influence of drugs or alcohol even if your blood alcohol content is below the legal limit. An OWVI charge can be levied if you simply appeared intoxicated to the police, other drivers or witnesses. Basically, if you appeared impaired to an ordinary person, you can be charged with an OWVI. For an OWPD charge, there is no minimum limit, any amount of the substance at all can land you with a criminal record.
For a drugged driving charge to result in a conviction, the prosecutor must prove their case beyond a reasonable doubt. A drug charges defense will usually involve the validity of blood or urine test and how they were administered. A DUI defense attorney and therefore you, stand to gain if there are legitimacy issues with the search warrant that was used to force you to comply with the test or if the test was performed without a warrant. A DUI defense can rest on the validity of the probable cause the police used to pull you over in the first place. Police have to follow certain rules when arresting a suspect, such as reading your Miranda rights at some point and following proper procedures when collecting evidence.
The drug crimes attorneys at Legalquest Network know the right and the wrong way to arrest a suspect and how the drug test need to be administered. When the arresting officer, a state trooper, lab technician or anyone else involved in the process don’t follow the proper protocols, we know. And their mistake is used to benefit you and your case.
The drug crimes and DUI defense attorneys at Legalquest Network Team provide legal assistance in the cities of Detroit, Dearborn, Southfield, Ann Arbor, Lansing, Grand Rapids, and Sterling Heights.