DUI charges may seem impossible to fight because the evidence appears based on science and numbers.
This couldn’t be further from the truth. The reality is DUI cases have more grounds on which to fight than many other types of cases.
In addition, fighting DUI charges is more common now for two reasons.
One, prosecutors are offering fewer deals than ever. And two, the benefit from the standard plea deal is honestly not so great that it should completely deter people from the risk of trial and the benefits to gain in a trial win.
How Can I Fight the DUI?
It starts with preparation. The attorney’s first job is to send Freedom of Information requests to all relevant police agencies and make discovery requests.
Analyze every piece of evidence to determine the challenges:
- What was the reason the police pulled you over?
- Was the “impaired” driving truly bad driving? Was the driver doing anything different than the typical driver?
- Were the field sobriety tests given correctly?
- Was the preliminary breathe test procedure followed properly?
- Did the person giving the Datamaster do so accurately?
- Did the nurse taking the blood properly collect and store the blood?
And on and on. There are many of these questions to ask. There is a potential challenge at every stage of the DUI investigation. The DUI trial is almost infinitely more complex than many other types of criminal trials now.
A motion is an argument on a point of law made to the judge before trial. Generally, a motion will attempt to keep a piece of evidence away from the jury or to dismiss the case.
The idea behind a motion is to chip away at the prosecution’s evidence. Any advantage gained through a motion is a disadvantage to the prosecution’s case. A motion shows you really intend to take fight the case.
Should I Take My Case to Trial?
A standard plea deal is for a dismissal of an operating while intoxicated charge in exchange for a plea to operating while visibly impaired. There are concrete advantages to this plea.
However, the benefit gained in the deal is not so great that a person should be completely sold on avoiding a trial. At the end of the day, the two charges are more or less the same. Read DUI Penalties for an overview of the driver’s license sanctions from these two charges.
It’s more common now that prosecutors won’t even offer a simple plea bargain. Trial should be a default position in this situation. Read our main article: Should I Take My Case To Trial?
Call ArborYpsi Law at 734.883.9584 to speak with attorney Sam Bernstein.
Sam Bernstein is a Criminal Defense Attorney in Ann Arbor.
ArborYpsi Law is located at 4158 Washtenaw Ave., Ann Arbor, MI 48108.