One of Michigan's Leading Lawyers for DUI Defense Reach Out Today
Law hammer, alcohol and car keys

Why a DUI Is Worth Fighting

Daniel J. Larin, P.C. Dec. 12, 2023

In Michigan, DUI laws are strict and the consequences of a conviction can be severe. This can make it seem like your situation is hopeless. However, know that there's always a way to fight back. 

We at Daniel J. Larin, P.C. know that this might be one of the toughest situations you've ever faced. The uncertainty, the fear, the stress — we get it. And that's why we're dedicated to standing by your side every step of the way. 

With over 25 years and over 5000 cases of experience, we are prepared to fight for you. We strive diligently to consistently be respectful of the courts, personable, and easy to talk to. If you're in Birmingham, Michigan, or the surrounding areas (including the surrounding area including Rochester Hills as well as Oakland County, Macomb County, and Wayne County), call us today to schedule a consultation with our respected attorney.  

Is a DUI Worth Fighting For?

Absolutely. While the process may be daunting, fighting a DUI charge can mean the difference between severe, long-lasting penalties and a chance at a clean slate. With the right legal representation, you have a chance to either get the charges dismissed or reduced. At Daniel J. Larin, P.C., we believe that every individual deserves a fair and just outcome in their case. 

DUI/OWI Laws in Michigan

When someone is arrested for driving under the influence (DUI) — or operating while impaired (OWI) as it's known in Michigan — the consequences can be severe and life-altering. It's not just about the legal repercussions; it can impact personal and professional lives too.  

In Michigan, many refer to drunk driving charges as DUIs, but the official term is OWI. These charges apply when a person is operating a motor vehicle or watercraft with a blood alcohol concentration (BAC) of .08% or greater. If you're under 21, the legal limit for BAC reduces to .02%. This is determined through chemical testing like blood, breath, and urine tests. 

It's important to understand that, in Michigan, one doesn't necessarily have to be caught in the act of driving to face an OWI charge. Rather, being in "physical control" of the vehicle can be sufficient cause for charges to be laid. This might include scenarios where a person is found sitting in the driver's seat of a stationary vehicle, with the keys in the ignition, even if the vehicle isn't in motion. The law views such situations as a potential danger, arguing that the person could decide to drive while still impaired. Thus, to be clear, "physical control" extends beyond actual driving and encompasses any situation where an individual has the present ability to operate the vehicle while under the influence. 

Possible Penalties

The penalties for a DUI in Michigan can vary widely depending on the specifics of your case. In general, they may include jail time, significant fines, license suspension or revocation, vehicle impoundment, and points added to your driving record. Such consequences can greatly affect your personal and professional life. 

Other Consequences of DUI

Beyond the legal ramifications, a DUI conviction can have far-reaching effects on your life. It could make it harder for you to find employment as many employers conduct background checks and may view a DUI negatively. Your auto insurance premiums are also likely to increase, adding financial strain. Moreover, a DUI can lead to strained relationships with family and friends, affecting their trust and perception of you. 

Possible Defenses

When contesting a DUI charge, there are various possible defenses that can be used. Each case is distinctive, and we will meticulously scrutinize your situation to devise the most potent defense strategy. Here are some common strategies: 

  • Challenging the Probable Cause: In some cases, the officer may have lacked probable cause for the traffic stop. This can be used to fight the charges. 

  • Questioning the Legality of the Stop: If the stop was made without reasonable suspicion of a violation, it could be argued as illegal. 

  • Claiming Non-intoxication: There might be a possibility to assert that you were not under the influence while operating the vehicle. 

  • Pointing Out Issues With Tests Conducted: Sometimes, there may be problems with the tests conducted, such as with the breathalyzer or field sobriety tests. 

  • Arguing Against Falsely High BAC Results: Certain conditions or substances can cause falsely high blood alcohol content results, which can be disputed accordingly. 

Each case is unique, and we'll carefully analyze your situation to develop the most effective defense strategy. 

The Merits of Contesting a DUI Charge

Contesting a DUI charge is unquestionably a prudent course of action, given the serious and expensive repercussions linked with DUI convictions. There exists multiple aspects which could potentially lead to an erroneous DUI arrest, all of which deserve to be thoroughly examined. Reasons to fight a DUI charge include: 

  • Faulty Equipment or Tests: Sometimes, the equipment used during the arrest, like breathalyzer, may be faulty, leading to inaccurate results. 

  • Improper Police Procedures: If there were any deviations from the correct police procedures during your arrest, this could be used in your defense. 

  • Misinterpreted Signs of Impairment: There could be legitimate explanations for symptoms that were misinterpreted as signs of impaired driving. 

By contesting the presented evidence and building a robust defense, you enhance your probability of a beneficial outcome, therefore reducing the negative impact on your life. 

Take Action Now

If you're facing a DUI charge, don't face it without an attorney's support. Reach out to our experienced DUI defense attorney at Daniel J. Larin, P.C. We have a deep understanding of Michigan DUI laws and a proven track record of successfully defending our clients. Call us today for a free consultation, and let us guide you through this challenging process. We're here to fight for your rights and help you achieve the best possible outcome. We're not just your legal team — we're your advocates, your allies, and your support system. So, let us help you turn this difficult situation around. Remember, it's not just about fighting a charge, it's about fighting for your future.