An experienced attorney can do many things to challenge and disprove the evidence of the accused. This includes reviewing the calibration and maintenance records of the machine used to test blood alcohol level. It is falsely believed that these machines are infallible. To believe that they always work is like believing your car will never break down. Machines do not always work properly.
An experienced attorney may file pretrial motions to suppress the evidence, if the facts support such an argument. These motions, when argued successfully, may result in the DUI case being dismissed. It is very important to effectively cross-examine the officer to expose mistakes and inaccuracies in the gathering of evidence.
An experienced attorney may choose to retest the blood by a private lab, and possibly hire an analyst to determine if the blood alcohol concentration (BAC) was rising. This defense may prove that that the driver’s blood was actually less than Michigan’s legal limit at the time of driving.
In some cases it is very important to photograph the scene of the arrest and view police videotape of the arrest if available. This may be helpful in showing that the ground was not level when the driver was performing the field sobriety tests. Any inaccuracies in the officer’s report and testimony could be challenged with the videotape.