In the previous article, I talked about getting through a DUI. In this installment, I want to focus more on just plain getting out of it. It goes without saying that everyone arrested for a OWI would love to have the whole thing to just go away. As a Michigan DUI lawyer, the primary thought in my mind, as I meet with a new DUI client and listen to what happened is, where do we find a way to get out of it? This isn’t just about wishful thinking, but rather assuming a mindset directed to winning. I often say that success in a DUI case is best judged by what does NOT happen to you, so if the entire case can be dismissed and nothing happens to you, what could be better? As great as that sounds, however, success is almost never an accident. Thus, a DUI lawyer has to set out with the determination to actually find a way to beat this thing, rather than merely hoping there is some way to do that.
For the most part, when DUI charges are dismissed, it’s because of problems with the evidence. There are specific protocols for how evidence must be obtained and tested in drinking and driving cases, and sometimes, if those protocols aren’t properly followed, that evidence can be kept out of court. Evidence needs to meet certain minimum standards in order to be considered reliable enough to use against a person. In the context of DUI charges, anytime a case can be dismissed because of problems with the evidence or questions about its reliability, that’s a win, and we’ll take it.
In the real world, there are 3 areas where we’re most likely to find problems with evidence significant enough to have it kept out of court: the traffic stop, the field sobriety tests, and the chemical evidence (meaning the breath or blood tests). While there can be problems with just about any part of a DUI case, these 3 stages present the most fertile ground for successful evidentiary challenges. Chances are, if there is a basis to challenge the evidence in a given case, it will have occurred during one of these 3 phases.