If you have been arrested and charged with driving under the influence (DUI) in Michigan, contact the Barone DUI Defense Firm for a free initial consultation about your legal options. While many people mistakenly believe that a DUI arrest will lead to a DUI conviction, there are numerous defense strategies that can be used by Attorney Barone to protect your interests and retain your driving privileges.
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A big piece of the prosecution’s case against you, besides the results of the chemical test, is the arresting officer’s testimony. The officer will testify about your driving patterns, behavior, appearance, and field sobriety performance in order to prove that you were impaired by alcohol and/or drugs. However, the signs for intoxication can also be signs of another ailment or issue. For example, the officer may state that your eyes were bloodshot at the time of the arrest, which led him or her to believe you were impaired. Your DUI attorney may argue that your eyes were bloodshot due to fatigue, allergies, or crying.
Michigan is known for having the most severe penalties for DUI in the country. Even if you are a first time offender, you may be sentenced to a maximum of 93 days in jail, up to 360 hours of community service, and up to $500 in fines. Second-time offenders face a mandatory minimum of five days in jail (a maximum of one year), and increased fines.
If you refused to take a chemical test after being pulled over on suspension of DUI, you have 14 days from the date of your arrest to request an administrative hearing in order to keep your driving privileges. If you do not request a hearing during this timeframe, your license will be automatically suspended for one to two years.
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