Elite Operating While Intoxicated (OWI) Defense Firm

Your Best Defense against OWI or DUI Charges Starts Here!

Drunk Driving (DUI), also known as Operating While Intoxicated (OWI), is a serious offense with potentially serious consequences. If you face charges or are accused of drunk or drugged driving, you need the protection of experienced Michigan drunk driving attorneys. Prosecutors charging felony OWI and misdemeanor drunken driving offenses in Michigan are particularly hard-nosed.

Frequently, the prosecution’s case is based on the opinion of a police officer. In the typical OWI case, the arresting officer may allege that the motorist exhibited signs of intoxication: the odor of an alcoholic beverage, bloodshot and watery eyes, slurred speech, and unsteady on their feet. These observations are subjective and highly defensible. Remember that every motorist is presumed innocent, and the prosecution must prove their case beyond any reasonable doubt.

Drunk Driving Penalties are Serious in Michigan

DWI is politically unpopular in Michigan. As a result, legislators regularly try to give prosecutors and courts more and more tools to pursue convictions and increase the severity of the penalties in DUI cases. Some might argue that the system is rigged to facilitate a conviction. Advocacy groups such as MADD (Mothers Against Drunk Driving) lobby for tougher and tougher OWI laws and encourage law enforcement to make frequent arrests. A top Michigan drunk driving attorney is the best defense against excessive or false charges.

A DWI is one of the most common criminal offenses in Michigan courts. Even in misdemeanor cases, you face a possible jail sentence if convicted due to political pressure and notoriously harsh judges. Furthermore, a jail sentence may be in addition to:

substantial fines,
many hours of community service,
months or years reporting to a probation officer,
loss or restriction of your driver’s license,
costly and time-consuming alcohol or drug therapy,
loss of employment, and
numerous other intrusions, which may invade your privacy and your wallet.

If your driver’s license is revoked, you will not be able to drive at all, and restoration of driving privileges in Michigan can take years. People with an OWI or DWI conviction may have trouble obtaining or keeping a professional license (doctors, lawyers, nurses, etc.) or a security clearance, which might prevent current or future employment. An alcohol-related conviction could interfere with obtaining loans or prevent you from traveling to other countries, such as Canada.

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Michigan drunk driving defense attorneys

Experienced Michigan Drunk Driving Attorneys Can Help – There Is Hope

If the police arrest you for Operating Under the Influence of drugs or alcohol, it is critical that you have a lawyer who understands all the potential evidence in DUI cases, including breath testing, blood testing, and the pseudo-science of standardized field sobriety testing. All the nuances and complexity specific to DWI trial advocacy make drunk driving defense one of the most challenging fields in criminal defense. The Michigan drunk driving attorneys at LEWIS & DICKSTEIN, P.L.L.C. have this experience and are ethical, knowledgeable, and dedicated. We are also criminal defense specialists who exclusively handle criminal cases instead of the jack-of-all-trades lawyers who handle multiple areas of the law and are experts at none.

The problem occurs when innocent people get caught up in overzealous police actions. Sometimes, the police feel justified in violating a person’s civil rights to justify an OWI arrest and conviction. More innocent people are convicted of OWI than any other crime. No one is saying that DWI is not a serious crime. We all want our roads to be safe. However, the attorneys at LEWIS & DICKSTEIN, P.L.L.C. strongly believe that the playing field must be leveled for you if you face being charged with a crime by the government and all its power behind it.

Michigan Drunk Driving Plea Bargaining and Trial Lawyer

Most OWI cases do not go to trial. In most cases, a great defense lawyer can negotiate a favorable plea bargain with the prosecutor and a lenient sentence from the judge. The Michigan drunk driving attorneys at LEWIS & DICKSTEIN, P.L.L.C. have the poise, skill, experience, and professionalism to be highly effective plea negotiators. Although achieving a dismissal of all charges is our highest priority, there are cases where a plea bargain to a reduced charge is in the client’s best interest. Sometimes, a quick plea agreement is in the client’s best interest. Other times, it takes perseverance, persistence, and significant effort on the attorney’s part to obtain a satisfactory plea agreement. However, if a plea agreement is impossible, it is critical to have an attorney who understands how to win a trial in a DUI case. When a case is aggressively and intelligently defended, there are even circumstances when an OWI case can be reduced to reckless driving, careless driving, or other civil infractions.

How does a lawyer achieve an extraordinary resolution in a case? By being a credible threat. We are exceptionally well-known in Michigan and considered among the top OWI trial lawyers. Prosecutors and judges know that if they mistreat our clients, we are capable and qualified to fight the charges at a bench or jury trial and protect their rights.

OWI Defense Attorney Oakland County Operating While Intoxicated

Attacking Breathalyzer Results

Drunk driving lawyers in Michigan may use a variety of tactics to challenge breathalyzer test results in court, depending on the case’s specific circumstances. Here are some common strategies:

Challenging the accuracy of the test equipment: Breathalyzer tests are only as accurate as the equipment used to administer them. Michigan drunk driving lawyers may challenge the accuracy of the breathalyzer equipment used in the case, questioning whether it was calibrated correctly and maintained.

Questioning the operator’s qualifications: Qualified operators must administer breathalyzer tests after receiving proper training. Attorneys may challenge the operator’s qualifications, questioning whether they were adequately trained or certified.

Challenging the reliability of the results: Breathalyzer tests can be affected by several factors, including the presence of certain substances in the mouth, such as mouthwash or breath mints. Attorneys may challenge the reliability of the breathalyzer results, arguing that they were affected by external factors.

Arguing that the defendant’s medical condition affected the results: Certain medical conditions, such as acid reflux or diabetes, can affect breathalyzer results. Attorneys may argue that the defendant’s medical condition affected the breathalyzer results and that the results should not qualify as evidence in court.

Arguing that police violated the defendant’s constitutional rights: Michigan drunk driving lawyers might also argue that the police violated the defendant’s constitutional rights with the breathalyzer test. For example, if the officer did not correctly inform the defendant of their right to refuse the test, or if the test was administered without a valid warrant or consent, a skilled OWI defense attorney can challenge the results in court.

How Drunk Driving Lawyers in Michigan Attack Field Sobriety Tests (SFSTs)

DUI lawyers may attack the credibility of field sobriety tests (FSTs) in several ways. Here are some common strategies:

Challenging the officer’s training and qualifications: FSTs are only as reliable as the officer administering them. DUI lawyers may challenge the officer’s training and qualifications to conduct FSTs, arguing that they were not adequately trained or that their certification has lapsed.

Questioning the officer’s observations: FSTs rely on an officer’s subjective observations of a driver’s physical and cognitive abilities. DUI lawyers may challenge the officer’s observations, arguing that they were biased or that external factors influenced their observations (e.g., weather, lighting, distractions, etc.).

Highlighting the flaws in FSTs: FSTs are not foolproof and have been subject to criticism from experts in the field. DUI lawyers may highlight the deficiencies in FSTs, such as the fact that they may be affected by a driver’s nervousness or physical limitations or that some tests are more reliable than others.

Arguing that the FSTs were not appropriately administered: FSTs must be administered correctly and following established protocols to be admissible in court. OWI defense lawyers can argue that the FSTs were not administered properly, for example, if the officer failed to provide clear instructions or they administered the tests in unsafe or inappropriate conditions.

Arguing that other factors contributed to the driver’s performance: FSTs are designed to measure a driver’s impairment due to alcohol or drugs. However, other factors, such as fatigue, stress, or certain medical conditions, can also affect a driver’s performance on FSTs. Michigan drunk driving lawyers may argue that these other factors contributed to the driver’s performance and that the FSTs should not be relied upon as the sole evidence of impairment.

Successfully Defending Cases in Michigan for Decades

Many people arrested for OWI or DUI feel they have already been pronounced guilty of a crime. If you have been charged with DUI, you should immediately speak to one of the experienced DUI attorneys at LEWIS & DICKSTEIN, P.L.L.C. We will discuss the advantages and disadvantages of your options before you make an ill-advised decision to plead guilty. Michigan’s premier criminal defense law firm, LEWIS & DICKSTEIN, P.L.L.C., has experienced investigators and forensic and toxicology experts to assist in your defense. These specialists can sometimes help us disprove your breathalyzer or blood test results to win your case.

If you, or a loved one, is charged with operating while intoxicated or driving under the influence of alcohol, marijuana, a controlled substance, or any intoxicant, contact the attorneys at LEWIS & DICKSTEIN, P.L.L.C. and we will put decades of DUI defense experience to work for you.

Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.