Ludington Drunk Driving Defense Attorneys
Driving under the influence of alcohol in Michigan is legally known as operating while intoxicated (OWI). OWI charges are some of the most common in Ludington and individuals who are convicted of the crime face serious penalties. If you or a loved one has been charged, it is critical to speak to a Ludington drunk driving defense attorney. You may not have been intoxicated at the time, and there are several defenses available that can be used in your case.
Types of Drunk Driving in Ludington
In Ludington, as throughout the rest of Michigan, there are three types of drunk driving charges. They are as follows.
- OWI: This is the most common type of DUI charge in Michigan. You may face this charge if you are operating a motor vehicle with a blood alcohol content (BAC) over 0.08%, which is the legal limit.
- High BAC OWI: A person that operates a motor vehicle with a BAC of 0.17% or more, they may face high BAC OWI charges. This offense is also known as being super-drunk and comes with harsher penalties than a typical OWI.
- Operating while visibly impaired (OWVI): A charge of operating while visibly impaired does not require that you operate a motor vehicle with a certain BAC level. If law enforcement believes a person is impaired, they can make an arrest.
Regardless of the type of OWI charge a person is facing, the defenses are often the same.
Drunk Driving Defenses
Facing any drunk driving charge may seem like a hopeless situation, but it is not. A Ludington drunk driving defense attorney will know the strategies to use to give you the best chance of beating the charges. The most common defenses used in these cases include:
- The stop was illegal: Police officers must have reasonable suspicion that a driver is drunk before pulling them over. Seeing a driver weaving in and out lanes or driving erratically may provide reasonable suspicion. Simply seeing someone walk out of a bar does not.
- Improper testing: Field sobriety tests are highly subjective, and even chemical test results can be challenged if the equipment was defective or not properly maintained.
- You were not operating the vehicle: It is common for drivers to sleep in their vehicle and sometimes even keep the car running for warmth. When a person has had too much to drink, this is a responsible action. If the officer cannot prove you were actually driving the vehicle, it can serve as a defense.
- Suppression of statements: Law enforcement officers must read you the Miranda warning when placing you under arrest. If these rights were not read or were not read properly, it can serve as a defense.
Certain facts of a specific case can also provide a valuable defense. For example, if an officer was wearing a body cam that shows an officer’s bias, that can also be used as a defense.
Our Michigan Drunk Driving Defense Attorneys can Help with Your Case
Being charged with a DUI can be scary, but you do not have to face your charges alone. At Van Den Heuvel Law Office, our Ludington drunk driving defense attorneys can help you prepare a solid defense and retain your freedom. Call us today or contact us online to schedule a meeting with one of our skilled attorneys.