Important things you should know about your first DUI case
5 things the Prosecuting Attorney does not want you to know about your Michigan DUI Case:
1. He does not have all the witnesses available to prove his case.
2. He has exculpatory evidence which would prove your innocence.
3. You have a right to a jury trial within twelve months of pleading not guilty.
4. He has evidentiary problems in proving your blood alcohol level.
5. He’s bluffing.
7 facts that must be proved before you can be found guilty:
1. Your identity
2. As a driver
3. Of a motor vehicle
4. In the state of Michigan, while
5. Your blood alcohol level was over one of the prescribed limit or
6. You were substantially incapable of driving (driving under the influence) or
7. You were affected to the degree that you were incapable of safe driving (driving while ability impaired).
10 questions your attorney must ask you:
1. What your itinerary was prior to arrest.
2. Your consumption of alcoholic beverages.
3. Your observations of the officer.
4. The officer’s stated reasons for stopping you.
5. Whether the officer asked or ordered you to take roadside tests.
6. Your performance on roadside tests.
7. Statements you made to the officer.
8. What the results were of any breath or blood tests.
9. Whether there were witnesses to your arrest.
10. Whether you were observed prior to a breath test,
4 items that are crucial to your defense:
1. A good investigation of the facts.
2. Vigorous cross-examination.
3. A sound understanding of constitutional principles.
4. An experienced attorney.
Why a jury trial is advisable:
Six people have to agree on your guilt instead of one.
What is necessary to get a jury trial:
Nothing. You automatically have a right to a jury trial.
2 key factors which must be assessed in deciding to go to trial:
1. An estimation of the weaknesses and strengths of the State’s case against you.
2. The effect of a conviction.
How the arresting officer’s testimony can be discredited:
1. Inconsistent statements.
2. Failure to recollect.
4 requirements for chemical and roadside tests to be valid:
1. The officer must have had a reasonable suspicion that you were violating the law.
2. The officer must have either had probable cause to arrest you or obtain your consent for roadside tests.
3. The officer must have probable cause before he arrests you and before he requires you to take a chemical test.
4. The officer must give you your Miranda rights after you are arrested, if he is going to interrogate you.
How to determine whether you can plea bargain, and when:
It’s a cost/benefit analysis. How much do you have to defend your case?
How your case will effect your driving privileges:
If your blood alcohol was over the legal limit or you refused a test, you may not be able to drive at all for as little as no suspension at all or as long as one year.
Defense tactics in your Michigan DUI case- 7 pre-trail motions:
1. Contest the constitutionality of the stop.
2. Contest the constitutionality of the administration of roadside tests.
3. Contest the constitutionality of the probable cause to arrest.
4. Contest the constitutionality of the Miranda rights.
5. Contest the manner in which roadside tests were given
6. Contest the use of a Portable Breath Tester.
7. Contest the constitutionality of any search and seizure.