While there are many ways to defend a DUI charge, you must attack or challenge the evidence against the driver that was charged. A good Michigan DUI attorney will know how the prosecution builds their case from the ground up and act accordingly. Usually, the prosecution will use 2 different methods to build the case against you and these include questioning the driver’s physical and mental condition at the time of the arrest and also focusing on the level of alcohol in your blood.

The main types of evidence that can be obtained against the driver which need to be challenged include the appearance of the driver at the time of arrest, the field sobriety test which was given at the scene, the chemical test which is given later at the police station and state crime lab, and also the driving at the time of the stop or arrest among many other factors which can be questioned. Any evidence used by the prosecution must be discredited in order for the charged to have a better chance of either reducing the charge or having the case completely dismissed either during negotiations or at trial before a jury of your peers.

Just because you might have had red eyes, slurred speech, or the smell of alcohol on your breath doesn’t equate to being guilty. There are many other reasons why these symptoms may occur such as nervousness, allergies, sickness, tiredness, etc. The field sobriety test can also be misleading. Think about just about every exam or test that you have taken through your education process. Even though you may miss one or two or even more questions doesn’t necessarily equate to you failing the exam. You can easily miss one question and still receive a grade of an A or 4.0. In addition to these facts, it is not illegal to drink before driving as long as you are not impaired at the time you are driving. It’s a well-known fact that it takes adequate time for alcohol to be absorbed into the blood stream. The time between your traffic stop and the breath test might really not reflect the level of alcohol when you were actually operating the vehicle.

When we look over your case, we want to collect all the evidence which has been obtained by the police and prosecution so we can formulate a plan of attack. We want to know the maintenance and calibration of the machine which was used during your DUI arrest. We want to know if the police officer has the experience and training necessary for coming to a proper conclusion. We want to know if the officer followed the rules and regulations that is required by law and to what extent he violated the regulations put in place by Michigan law. Essentially we would like to find out all the pertinent information that would make your case stronger and really make the prosecution’s case weaker. Finding all this information gives us the upper hand when negotiating with the judges and prosecutors to reduce or dismiss the charges against you. Visit our DUI page at The Clark Law Office - http://theclarklawoffice.com/drunk-driving-attorneys/ for more information.  These facts will also be the base of your defense if the case is forced to a jury trial at court.