DUI/OWI. A Christmas Gift You Don't Want

DUI arrests during the holidays occur more than any other period.  Individuals tend to consume alcohol more around this time of year, and the police increase their efforts to keep drunk drivers off the road.  
An experienced DUI criminal defense lawyer will look into all of the Constitutional protections you have in order to protect your rights if you have been arrested for drunk driving.

In Michigan a police officer must have reasonable suspicion that you were drinking or you have violated a traffic regulation in order to stop you. So if you have tinted windows, a burnt out tail light, or make an illegal turn on red, the police can pull you over. This is required by the 4th Amendment to the United States Constitution.  So while speeding, changing lanes without signaling or weaving is not, in itself, proof of driving under the influence, it is enough reasonable suspicion for an officer to stop an individual. If you are pulled over, the officer will generally ask if you have been drinking. Even if you only had one beer or a glass of wine, answering yes gives the officer the right to ask you to exit your car and perform Field Sobriety Tests (FSTs). If you don’t pass, and many people find it difficult to stand on one leg for a minute even without having had a drink, the officer can then demand you take a Preliminary Breath Test (PBT). Flunk that, and you are going to jail.

The best way to avoid being arrested for DUI is not to drink and then drive. But if you do drink are pulled over, and suspected of drunk driving, an experienced DUI attorney should be contacted. Demand that you be allowed to call an attorney immediately and before submitting to FSTs or a PBT.

The Office of James G. Schmier, PLLC will look into all the facts and advise you on how to reduce the impact of a OWI conviction.