If you have been stopped for DUI or OWI in Michigan you are required to submit to a chemical test. This is commonly referred to as implied consent. DUI charges can come with harsh penalties if convicted so it is important to seek legal help immediately from an experienced DUI attorney in Royal Oak, such as the Law Office of John Little, PLLC. A chemical test will analyze your blood alcohol content (BAC). In Michigan, it is illegal to drive with a BAC above .08.
Chemical Test Submission
Michigan law provides that the operator of a vehicle must submit to a preliminary chemical breath analysis if asked to do so by a police officer. The test must be given in accordance with the law. If not, your attorney may be able to have illegally obtained evidence eliminated from the trial. The arresting officer must inform you of the law pertaining to chemical tests. If you refuse to submit to the test you will be charged with a misdemeanor which is punishable separately from the original charges. Refusal to submit to the test can only be used at trial to indicate that the test was offered but not as evidence that the driver did anything wrong. A qualified DUI attorney will be able to answer your questions and help you through the legal process.
Chemical testing must be completed only by a licensed physician when a blood draw is used. The test will be used to determine the presence of alcohol or any controlled substance. The test must only be requested if the police officer has reasonable grounds to think that the person has committed a crime. It is essential to know that you are able to have your own chemical test completed. You will need to pay for the expense of this test, but it can be very worthwhile because it could indicate a different finding than the test completed by the authorities. If so, your attorney could utilize this information to prove that the test results were not reliable or that the test was improperly completed.
In Michigan there is a zero tolerance law in place. What this means essentially is that when a controlled substance is found in the system there is no amount that is considered allowable. For example, if chemical testing indicates that you have a controlled substance in your body then impaired driving is automatically indicated – it does not need to be proven. If you have been seriously injured in an accident that requires you to go to the hospital, blood drawn for medical purposes could be tested for alcohol or controlled substances. The results of all testing must be made available to you or your attorney at least 2 days before trial.
Defending Charges in Court
The charges associated with DUI or OWPD, operating with the presence of drugs, are very serious and require aggressive legal representation from a skilled Detroit attorney. There are many various options for defending these charges, depending on the specific facts of the case. Because the laws are complex it takes a detailed analysis of your situation to determine the best defense to present. Contact the highly accomplished lawyers at the Law Office of John Little, PLLC at (248) 865-3455 to discuss your case with a free phone consultation.