Helping Individuals Facing a DUI Charge in Wyoming Defend their Cases in Court
Driving while you are under the influence of alcohol or drugs greatly increases the chances of a motor vehicle collision. Given this high risk of danger, Michigan imposes harsh penalties on individuals who get behind the wheel of a motor vehicle while they are under the influence of alcohol. Drivers who are convicted of DUI could receive jail time, fines, probation, and other serious penalties — all at the sentencing judge’s discretion.
In addition to criminal fines and penalties, a driver whose intoxication results in a motor vehicle collision that causes serious or permanent injuries could be responsible for paying civil damages as well.
If you have been charged with DUI, it is important that you have an attorney representing you during all stages of your criminal matter. The skilled Wyoming, Michigan DUI lawyers at the Van Den Heuvel Law Office can review your case and determine your eligibility for various defenses. A lawyer could also represent you in court and advocate for your interests there.
DUI Standard in the State of Michigan
To determine if someone is operating a motor vehicle while intoxicated, police officers and investigators typically use a variety of chemical and breathalyzer tests.
In Michigan, the legal drinking age is 21. If chemical or breathalyzer testing reveals that a driver’s blood alcohol concentration (BAC) exceeds 0.08 percent, then that driver could be arrested and charged with DUI. Even harsher standards apply to professional drivers, including professional truck drivers and tractor-trailer drivers.
Drivers who are under 21 years of age are considered minors for purposes of DUI law. When it comes to DUIs, there is effectively a zero-tolerance policy in place for minors, and individuals under the age of 21 who are found to have a BAC of 0.02 percent or higher could be arrested and charged with DUI.
Legal Defenses to a Wyoming, Michigan DUI Charge
It is the State prosecutor’s job to charge you with every possible criminal offense and to prove that you committed each offense beyond a reasonable doubt. However, just because you are arrested and charged with DUI does not mean that you deserve to be convicted. In fact, there are many defenses that you might be eligible to assert in response to your DUI charge. Potential defenses to a DUI charge include the following:
- Improper field sobriety tests — In some cases, the accused might be able to argue that he or she has a health condition that accounted for poor performance on a field sobriety test, rather than alcohol intoxication.
- Inaccurate breathalyzer readings — Breathalyzer machines are not always calibrated properly, and when that happens, the breathalyzer machine could produce an improper reading or false-positive result.
- Constitutional violations — In some instances, the accused could argue that the police violated his or her Fourth or Fifth Amendment rights under the Constitution. For example, an officer might have engaged in an improper search, may have pulled the vehicle over randomly, or may have engaged in improper questioning.
Speak with a Wyoming DUI Lawyer Today
If you have been arrested and charged with DUI in Wyoming, Michigan, having experienced legal representation on your side throughout your case is an absolute must. The knowledgeable legal team at the Van Den Heuvel Law Office understands the potential consequences associated with a DUI charge and conviction and can help you pursue the best legal result that is possible in your case.
Although not every DUI case can end in a dismissal, an experienced lawyer may be able to help you obtain probation or some lesser penalty or consequence, depending upon your circumstances.
To schedule a case evaluation and legal consultation with an experienced Wyoming DUI attorney, please contact us online today.