Getting arrested for DUI in Michigan is a frightening and overwhelming experience. Whether it’s your first offense or you’ve been through the process before, the legal consequences can disrupt your life, jeopardizing your career, finances, and even your freedom. But what people generally don’t realize is that a DUI charge is not the same as a conviction—and with the right legal strategy, it may be possible to reduce or even dismiss the charges against you.
Prosecutors and law enforcement personnel rely on field sobriety tests, breathalyzer results, and police reports to build their cases, but these are not always accurate. There is always a possibility of error. Mistakes like improper traffic stops, faulty testing equipment, and violations of legal procedures happen more often than you know. These mistakes provide your Michigan DUI attorney the opportunity to challenge the prosecution’s case. If you’ve been charged with DUI, knowing your rights and legal options can make a significant difference.
This guide will walk you through how to fight a DUI charge in Michigan and help you understand Michigan OWI laws, common defenses, and the steps you need to take to protect yourself.
Step 1: Understanding Michigan DUI Laws and Penalties
What Is Considered a DUI in Michigan?
In Michigan, DUI is legally referred to as Operating While Intoxicated (OWI). You can be charged with DUI or OWI if:
- Your Blood Alcohol Content (BAC) is 0.08% or higher.
- Your BAC is 0.17% or higher, which falls under the “Super Drunk” law and carries harsher penalties.
- You are impaired by drugs (prescription or illegal substances).
- You are under 21 years old and have any alcohol in your system (Zero Tolerance Law).
Penalties for a DUI in Michigan
The following penalties may apply to you depending on the nature of the offense:
- First Offense: Up to 93 days in jail, fines up to $500, and a 6-month license suspension.
- Second Offense (within 7 years): Up to 1 year in jail, fines up to $1,000, and a 1-year mandatory license revocation.
- Third Offense (Felony DUI): Up to 5 years in prison, fines up to $5,000, and mandatory vehicle immobilization.
Even if it’s your first OWI Michigan offense, having a criminal record can impact your career, auto insurance, and future opportunities. If you want to know how to fight a DUI charge in Michigan, we recommend that you contact a Michigan DUI attorney.
Step 2: Challenging the DUI Traffic Stop
Was the Stop Legal?
It is mandatory for law enforcement personnel to have reasonable suspicion to pull you over. If the officer stopped you without a valid cause—such as swerving, speeding, or running a red light—your Michigan DUI lawyer can argue that the traffic stop was unlawful, which could result in your case being dismissed.
Dashcam and Bodycam Footage
Reviewing dashcam or bodycam footage can sometimes show inconsistencies in the officer’s reasoning for stopping you. If your rights were violated, this could be grounds for the suppression of evidence.
Step 3: Fighting Breathalyzer and Field Sobriety Test Results
Are Breathalyzer Tests Reliable?
Breathalyzer machines are not always accurate. You should look for the following factors that can lead to false readings:
- Improper calibration of the device.
- Medical conditions, such as GERD or diabetes.
- Mouth alcohol residue from mouthwash, medications, or recent drinking.
Can Field Sobriety Tests Be Challenged?
Field sobriety tests (FSTs), like the walk-and-turn test or horizontal gaze nystagmus test, are subjective and unreliable. If you failed an FST but were sober, your DUI lawyer in Michigan may challenge the results by arguing that:
- The test was administered incorrectly.
- Poor weather conditions, improper footwear, or medical conditions caused you to fail.
Step 4: Exploring Michigan DUI Plea Bargains and Defense Strategies
Plea Bargaining: Can You Reduce Your DUI Charge?
A skilled DUI attorney in Michigan can sometimes negotiate a Michigan OWI plea bargain to reduce your charges to a reckless driving or impaired driving charge, which carries lighter penalties.
Legal Defenses That Could Get Your Case Dismissed
- Lack of Probable Cause: If the officer had no valid reason to stop you, your case may be dismissed.
- Violation of Miranda Rights: If police failed to read your rights, statements made after the arrest may be inadmissible.
- Inaccurate Chemical Testing: Breathalyzer or blood test errors can be challenged in court.
Step 5: Protecting Your Driver’s License
After a DUI arrest, you only have 14 days to request a hearing with the Michigan Secretary of State to challenge your license suspension. Failing to act in time can result in an automatic suspension, making it crucial to consult a Michigan DUI lawyer immediately.
Your attorney can:
- Argue that the arresting officer lacked justification for suspending your license.
- Request a restricted license, allowing you to drive under specific conditions.
Take Action to Fight Your DUI Charge
If you’re wondering how to fight a DUI charge in Michigan, remember that it does not have to define your future. With the right legal defense, you can challenge your case and protect your freedom, finances, and driving privileges.
If you or a loved one is facing a DUI charge, don’t wait—contact The Law Office of Kevin Bessant & Associates today.