DUI Law Firm in Kent County

Driving under the influence (DUI) is a serious offense in Michigan, carrying severe legal consequences that can impact every aspect of your life. Understanding the complexities of DUI laws and the legal process is crucial for anyone facing these charges. At Marko Law, our experienced DUI attorneys in Kent County are dedicated to providing the legal support you need to navigate these challenging circumstances and protect your rights.

Understanding DUI Charges

Definition of DUI (Driving Under the Influence)

Driving under the influence (DUI) refers to operating a vehicle while impaired by alcohol, drugs, or other intoxicating substances. In Michigan, DUI charges can be brought against individuals who are:

• Under the Influence: Drivers whose ability to operate a vehicle is significantly impaired by alcohol or drugs.
• Intoxicated Per Se: Drivers with a blood alcohol content (BAC) of 0.08% or higher, regardless of visible impairment.

BAC (Blood Alcohol Content) Limits in Michigan

Michigan law sets specific BAC limits to determine legal intoxication levels:

• Standard Limit: A BAC of 0.08% or higher for drivers aged 21 and older.
• Commercial Drivers: A BAC of 0.04% or higher for commercial drivers operating a vehicle.
• Underage Drivers: Any detectable BAC for drivers under 21 years old, due to Michigan’s Zero Tolerance Law.

Types of DUI Charges (Misdemeanor vs. Felony)

The severity of a DUI charge in Michigan can vary based on several factors, including the number of prior offenses and the presence of aggravating circumstances.

Misdemeanor DUI

• First Offense: Generally charged as a misdemeanor, carrying penalties such as fines, license suspension, community service, and possible jail time.
• Second Offense: Also typically a misdemeanor, but with harsher penalties, including longer jail sentences, higher fines, longer license suspension, and mandatory alcohol education programs.

Felony DUI

• Third Offense: A third DUI offense is charged as a felony, leading to severe consequences such as significant fines, extended imprisonment, lengthy license revocation, and potential vehicle forfeiture.
• Aggravating Circumstances: DUI charges can be elevated to felonies if the driver causes serious injury or death, or if there are prior felony DUI convictions.

Consequences of a DUI Conviction

A DUI conviction in Michigan can lead to a range of legal, financial, and personal consequences:

Legal Consequences

• Fines and Court Costs: DUI convictions come with hefty fines and court costs, which increase with subsequent offenses and aggravating factors.
• License Suspension or Revocation: Convicted drivers face license suspension or revocation, varying in length based on the offense number and severity.
• Imprisonment: Jail or prison time is a potential consequence, especially for repeat or felony offenses.
• Probation: DUI offenders may be placed on probation, requiring regular check-ins with a probation officer and compliance with specific conditions.

Financial Consequences

• Increased Insurance Premiums: DUI convictions typically result in significantly higher auto insurance rates.
• Alcohol Education and Treatment Costs: Offenders may be required to attend alcohol education or treatment programs, which can be costly.

Personal Consequences

• Criminal Record: A DUI conviction results in a permanent criminal record, which can affect employment opportunities, housing options, and more.
• Impact on Personal and Professional Life: The stigma of a DUI conviction can strain personal relationships and hinder career advancement.

Legal Process for DUI Cases

Arrest and Booking Process

Initial Traffic Stop

• Observation by Law Enforcement: The process typically begins when a law enforcement officer observes a driver’s erratic behavior, such as swerving, speeding, or running a red light.
• Field Sobriety Tests: If the officer suspects DUI, they may conduct field sobriety tests, such as the walk-and-turn, one-leg stand, and horizontal gaze nystagmus test.
• Breathalyzer Test: The officer may request a preliminary breath test (PBT) at the scene to measure the driver's BAC.

Arrest

• Probable Cause: If the officer has probable cause to believe the driver is impaired, they will make an arrest.
• Reading of Rights: The officer will read the driver their Miranda rights, informing them of their right to remain silent and to an attorney.

Booking

• Transportation to Jail: The arrested individual is transported to a police station or jail.
• Chemical Testing: At the station, a more accurate breathalyzer or blood test is administered to determine BAC.
• Mugshots and Fingerprints: The individual’s mugshots and fingerprints are taken as part of the booking process.
• Holding Cell: The individual is placed in a holding cell until they can post bail or until their arraignment.

Arraignment

First Court Appearance

• Formal Charges: The individual is formally charged with DUI and informed of their legal rights.
• Plea Entry: The accused will enter a plea of guilty, not guilty, or no contest. An attorney can advise on the best plea to enter based on the specifics of the case.
• Bail Consideration: The judge may set bail, allowing the individual to remain out of custody while awaiting trial.

Pre-Trial Motions and Hearings

Legal Motions

• Motion to Suppress Evidence: The defense may file motions to suppress evidence obtained illegally, such as results from an unlawful traffic stop or improper chemical testing procedures.
• Motion to Dismiss: If there are significant legal issues with the prosecution’s case, the defense may file a motion to dismiss the charges.

Pre-Trial Hearings

• Evidence Review: Both the defense and prosecution review the evidence, including police reports, test results, and witness statements.
• Negotiations: Attorneys from both sides may discuss plea deals or other resolutions without going to trial.

Plea Bargains

Negotiated Agreements

• Reduced Charges: The defense and prosecution may agree to reduce the charges in exchange for a guilty or no contest plea. This can result in lesser penalties.
• Sentencing Agreements: Plea bargains can also include agreements on sentencing terms, such as reduced fines, probation instead of jail time, or participation in alcohol education programs.
• Benefits: Accepting a plea bargain can expedite the legal process and provide more predictable outcomes compared to a trial.

Trial Process

Courtroom Proceedings

• Jury Selection: If the case goes to trial, a jury is selected to hear the evidence and determine the verdict.
• Opening Statements: Both the prosecution and defense present their opening statements, outlining their case.
• Presentation of Evidence: The prosecution presents evidence and witnesses to prove the DUI charge. The defense cross-examines witnesses and presents its own evidence and witnesses.
• Closing Arguments: Both sides summarize their case and attempt to persuade the jury to deliver a verdict in their favor.
• Jury Deliberation: The jury deliberates and reaches a verdict of guilty or not guilty.
• Sentencing: If found guilty, the judge will determine the appropriate sentence, considering factors such as prior offenses and the specifics of the case.

Common Defenses in DUI Cases

Improper Stop by Law Enforcement

For a traffic stop to be legal, law enforcement officers must have reasonable suspicion that a traffic violation or crime has occurred:

• Unjustified Stop: If the officer did not have a valid reason to stop your vehicle, any evidence obtained during the stop, including BAC test results, may be inadmissible in court.
• Challenging the Stop: Our attorneys will scrutinize the circumstances of the stop to determine if it was legally justified. If it wasn’t, we can file a motion to suppress the evidence.

Inaccurate Field Sobriety Tests

Field sobriety tests (FSTs) are commonly used by officers to assess impairment, but these tests can be inaccurate for various reasons:

• Improper Administration: Officers must follow specific protocols when administering FSTs. Deviations from these procedures can lead to inaccurate results.
• Physical or Medical Conditions: Certain medical conditions, injuries, or even fatigue can affect performance on FSTs, leading to false indications of impairment.
• Environmental Factors: Poor lighting, uneven surfaces, or adverse weather conditions can impact test performance.

Faulty Breathalyzer or Blood Test Results

Breathalyzer and blood tests are critical pieces of evidence in DUI cases, but they are not infallible:

• Calibration and Maintenance: Breathalyzer devices must be properly calibrated and maintained. Inaccurate results can occur if the device is not functioning correctly.
• Improper Administration: The accuracy of breath tests depends on correct administration. Failure to follow proper procedures can result in unreliable BAC readings.
• Contamination or Improper Handling: Blood samples must be collected, stored, and analyzed according to strict protocols. Contamination or mishandling can lead to inaccurate results.

Medical Conditions Affecting BAC Levels

Certain medical conditions or dietary factors can influence BAC levels and mimic signs of impairment:

• Diabetes: Diabetic ketoacidosis can produce acetone, which may be misinterpreted by breathalyzers as alcohol.
• Acid Reflux: Conditions like GERD can cause alcohol from the stomach to enter the mouth, potentially leading to falsely high breathalyzer readings.
• Low-Carb Diets: Diets high in protein and low in carbohydrates can lead to the production of ketones, which breathalyzers can mistakenly identify as alcohol.

Violations of Constitutional Rights

Any violations of your constitutional rights during the DUI arrest and investigation process can be grounds for a defense:

• Fourth Amendment: Protects against unreasonable searches and seizures. If your vehicle was searched without probable cause or a warrant, any evidence obtained may be inadmissible.
• Fifth Amendment: Protects against self-incrimination. If you were not read your Miranda rights during the arrest, statements made in custody may be excluded from evidence.
• Sixth Amendment: Guarantees the right to legal counsel. If you were denied access to an attorney, it could impact the admissibility of evidence and the validity of the charges.

Contact Marko Law for a Free Consultation and Expert Legal Assistance

At Marko Law, we understand the serious implications of a DUI charge and are committed to providing the highest level of legal representation to our clients in Kent County. Our team of experienced DUI attorneys is dedicated to protecting your rights, building a robust defense, and achieving the best possible outcome for your case.

Contact Marko Law today for a free consultation and let us help you navigate your DUI case with confidence and expertise.

• Phone: 1-833-MARKO-LAW or 1-313-777-7LAW
• Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
• Website: Marko Law

Our goal is to provide dedicated and effective representation to help you achieve the best possible outcome in your DUI case. Trust Marko Law to be your advocate in navigating the complexities of DUI charges and securing your future.