As Michigan DUI lawyers, my team and I spend a lot of our time acquiring, analyzing, and dealing with evidence in drunk driving cases. A DUI charge is only as strong as the evidence that supports it, and is really the foundation upon which the whole case is based. If a lawyer can block the admission of any key part of the evidence in an OWI case, that can cause the whole thing to fall apart. In this brief article, I want to reiterate the importance of the evidence, its proper analysis, and how that can be used to make things better for anyone facing a drunk driving charge.
In the real world, the best possible outcome in a DUI case is to knock it out before it goes anywhere in court. While very few DUI cases actually go to trial and win (the overall percent, based on arrests for regular DUI charges, meaning OWI and OWVI, is well below 0.2% (that’s zero-point-two percent)), plenty of them do get dismissed because they do NOT survive a challenge to the evidence. This can only happen, however, if the lawyer first obtains, and then carefully analyzes the evidence, and ultimately finds something useful.
However much as one may hope there is something wrong with the evidence against him or her, the simple fact is that there either is – or there isn’t. In other words, the facts are the facts, and all the hoping and wanting in the world won’t change them. Nevertheless, it’s important that a lawyer has the ability and experience to look beyond the surface of a case, and find what others might miss. Most of the time, a successful challenge to the evidence in a DUI case is NOT based upon clumsy and obvious police mistakes, primarily because the police don’t usually screw things up like that in the first place.