Attorneys

Michigan Drunk Driving Defense FAQs

• Q: What Will Happen If The Officer Who Pulls Me Over Suspects That I Have Been Driving Under The Influence?
  A: The officer will ask you to get out of the car and will instruct you to perform a series of "field sobriety tests." These are standard physical ability measures and … More
• Q: Do I Have A Right To An Attorney When I'm Stopped By An Officer And Asked To Take A Field Sobriety Test?
  A: As a general rule there is no right to an attorney until you have submitted to (or refused) blood, breath or urine testing. In some situations, there is a right to … More
• Q: What Should I Do If I'm Asked To Take Field Sobriety Tests (Fsts)?
  A: Unlike the chemical test where refusal to submit may have serious consequences, you are not legally required to take any FSTs. The reality is that officers have … More
• Q: What Happens If The Officer Believes That I Have Not Performed The Field Sobriety Tests Satisfactorily?
  A: You will probably be asked to take a preliminary breath test (PBT). You should be told that the only penalty if you refuse the PBT is a $100 fine. If you fail either … More
• Q: What Is A Blood Alcohol Test?
  A: This is a physical procedure to determine how much alcohol you have in your system. There are three ways of doing this test: Drawing a sample of blood from your … More
• Q: I Was Never Read My Rights Before Being Arrested For A Dui, Will My Case Be Dismissed?
  A: In the context of a drunk driving arrest, there are really two sets of rights that should be read to a suspect by the police; the Miranda rights and the chemical test … More
• Q: Why Am I Being Charged With Two Crimes?
  A: The traditional offense is "operating under the influence of liquor" (OUIL). In recent years, however, many states have also enacted a second, so­called "per se" … More
• Q: Will It Be Advantageous For Me To Plea To The Charge Of Attempted Ouil?
  A: No, in Michigan, an attempt is treated like a completed offense as far as licensing and criminal prosecution purposes are concerned.
• Q: What New Crimes Were Created By The Recent Changes In The Michigan Drunk Driving Law?
  A: Some of the crimes newly established in Michigan are: Driving While License Suspended Causing Injury, a 5 year felony; Driving while License Suspended Causing … More
• Q: What Are The Possible Defenses To The Ouil/Ubal Case?
  A: It is not possible to point to one defense or group of defenses for every case. Depending on the facts of your case, the following defenses may or may not apply: … More
• Q: What Are The Sentencing Guidelines, And Do They Apply In My Case?
  A: The sentencing guidelines are just that, guidelines that the judge must follow in determining the appropriate sentence. The goal of the guidelines is to produce … More