Lansing, East Lansing & Okemos Criminal Defense Attorneys
A List of Some of the Most Common Mistakes for DUI Charges
Hire the Criminal Defense Lawyers at Basiga to defend your Driver’s License and Rights
The drunk driving defense attorneys at Basiga Law Firm will work hard to ensure you do not fall victim to common mistakes in DUI (Driving Under the Influence) cases. Sometimes attorneys do not uncover mistakes by law enforcement which cause their clients to be convicted. Our defense lawyers have years of experience defending DUI cases and will not allow these common errors to happen in your case.
In addition, we will ensure your case is thoroughly investigated to identify evidence to aid in your defense.
The Okemos drunk driving lawyers at Basiga Law Firm are ready to defend your case. Our team is ready to answer your questions and to work toward the most optimum outcome for you. Contact Basiga Law Firm today. We will work hard to avoid the common mistakes for the DUI charges outlined below.
Types of Drunk Driving Charges
Under state and federal law, anyone who is over the age of 21 cannot legally drive with the bodily alcohol content (BAC) of .08 or greater. The Michigan Impaired Driving Law drops that level to .02 or greater for individuals under the age of 21. A DUI conviction can come with severe punishment, so you need a well-trained drunk driving defense team to handle your case when facing these charges. The penalties outlined below increase with additional offenses. In addition, if you caused an injury or death to another person as a result of your DUI the punishment is even more severe.
The penalties for your first offense, when your BAC is below .17, include the following items:
- Sentence of up to 93 days in jail
- License suspension for up to 180 days
- Addition of 6 points on your driver’s license
- A fine of up to $500
- Up to 360 hours of required community service
The punishment for a first offense with a higher BAC are more severe. A person convicted with a BAC over .17 will typically be charged with Operating While Intoxicated (OWI).
The penalties include the following things:
- Sentence of up 180 days in jail
- License suspension for up to one year
- Addition of 6 points on your driver’s license
- A fine of up to $700
- Up to 360 hours of required community service
- Required completion of an alcohol treatment program
- Ignition interlock installation on vehicle along with additional license restrictions.
Call Basiga Law Firm immediately when facing a DUI charge to start building your defense. We will conduct a thorough investigation to look for any flaws in the prosecution’s case or to locate mistakes by law enforcement officials.
Bodily Alcohol Content (BAC) Test Mistakes
Sometimes people refuse to have a bodily alcohol content (BAC) test when pulled over by the police. Under the state’s Implied Consent Law all drivers who are pulled over for suspected drunk driving must submit to an evidential breath test (also called a Datamaster test) performed at the police station. While working as your drunk driving defense team, we will expose any potential problems that may exist with the drunk driving tests that were given to you.
Common testing problems include the following issues:
- Operator error of testing equipment used on the scene or at the police station.
- Use of testing equipment that was not properly calibrated.
- Faulty blood test results administered at the hospital. Sometimes adjustments are not made to account for alcohol absorption after you stopped driving.
Mistakes Made by Arresting Officers
Other common DUI mistakes may be made by the arresting officers. These mistakes vary, so our defense attorneys will take time to thoroughly investigate your case to discover any issues related to your arrest.
Most mistakes fall into the following areas:
- Officers pulling you over outside of their jurisdiction
- Illegally pulling you over
- Improperly administering the Standard Field Sobriety Tests
In addition, sometimes an arresting officer may not take the time to inform you of your rights. You must be informed of your rights at the time of your arrest or charges could be forced to be dropped.
Finally, police must have probable cause to arrest you for drunk driving. You cannot be pulled over or subsequently arrested without the officer having probable cause to charge you with a DUI.
Okemos Drunk Driving Defense Lawyers
Basiga Law Firm is ready to help identify these common drunk driving mistakes in your case. Determining these mistakes by law enforcement through a thorough investigation will help create the best defense possible for you. We will strive to help you avoid a conviction by working to have your DUI charges dropped or reduced. Contact Basiga Law Firm to start building your DUI defense.