When a person drives under the influence of alcohol or drugs, they may be charged with a DUI. In Michigan, a drunk driver is considered a person with anything at or above a 0.08% blood alcohol content. Further, if drugs such as marijuana, cocaine, and GHB are found in a person’s system, they will be charged with a DUI without a prosecutor having to prove that the driver was impaired. Further, if you refuse a drug or alcohol test, your license will be suspended for one year with the addition of six points to your driving record. When you are charged with a DUI, consequences depend on the number of past DUIs on your record but may include license revocation, imprisonment, community service, and fines. If you were charged with a DUI, consider working with an experienced defense attorney in Clinton Township to challenge the charge. Below are some of the most common strategies for challenging a DUI.
A breathalyzer is a device used to test the amount of alcohol in a person’s breath. It measures the blood alcohol content which is a direct representation of how intoxicated somebody is. The technology behind breathalyzers is complex. A breathalyzer functions by blowing air into a chamber, and that air enters an electrolyte cell chamber where the components of alcohol are broken down to create acetic acid. When protons interact with oxygen in the system, water is created as electrons move through a processor to convert the blood alcohol content into an LCD display. Because of how specific this technology is, it is essential that the breathalyzer be calibrated and maintained without malfunction. Further, breathing patterns can occasionally increase a breathalyzer reading. Because of its potential inaccuracies, claiming a breathalyzer complication is a common strategy used to challenge a DUI.
When a police officer believes that a driver is intoxicated, they will likely perform a series of exams known as Field Sobriety Tests. Some might include balancing on one leg, walking in a straight line, and observing vision changes. Though these tests are often accurate, some factors might lead to discrepancies in the results. For example, a disability or high stress levels may make you appear more intoxicated during your tests. Additionally, if the conducting officer is not appropriately qualified to perform certain sobriety tests, they may be invalid.
To make a legal traffic stop, there must be probable cause. This means that the officer must have a reason to believe that you are violating a law and support this with evidence. If there is no evidence to support their suspicion, any evidence can be discarded. This can result in the case being dismissed entirely. Exceptions exist, such as legal sobriety checkpoint stops.
A DUI charge can negatively impact many aspects of your life. If you believe that your DUI charge was mishandled, consider challenging it today with the help of an experienced criminal defense attorney. The lawyers at Lucido & Manzella have the necessary knowledge to review your case and help plan your challenge. To schedule a consultation and meet with an attorney, contact us today.
We offer a free initial consultation so you will get an opportunity to meet us, and we will have an opportunity to learn more about your legal issue.
Mr. Manzella represents businessman William Weber, who admitted to falsifying an invoice at ex-Macomb prosecutor Eric Smith’s request. He pleaded guilty to misdemeanor charges of conspiracy to commit a legal act in an illegal manner, with felony offenses dismissed during the sentencing.
L’Tonya Marie Payne, a 51-year-old black woman, is facing misdemeanor assault charges following an altercation. The complaining witness, who is white, stated the police would not believe Ms. Payne due to her skin color. Attorney Vince Manzella is working alongside Ms. Payne to fight these allegations, as she was arrested simply on the basis of the witness’s word.
Joseph Wolf, former director of the Detroit Stars, was sentenced to two years of supervised probation. Wolf pleaded guilty to embezzling funds from the nonprofit youth baseball league. Typically, the felony count can result in up to 10 years in prison, a fine of $15,000, and other charges, but Lucido & Manzella, P.C. was able to help the client receive a reduced sentence.
Charles Frontera, a former Roseville city councilman, was sentenced to a year of probation after a misdemeanor charge was dismissed at sentencing. During a pretrial conference, Mr. Frontera pleaded guilty to substance possession, and in doing so, Attorney Manzella was able to protect the client from severe charges.