8 Critical Mistakes to Avoid When Charged With DUI or DW

June 7, 2010 By Leave a Comment

By Patrick Barone

If you’re charged with a drunk driving offense in Michigan, the choices you make during your case are crucial because of the state’s unique laws. Here are 8 common mistakes you must avoid:

1. Assuming a drunk driving charge can’t be defended. Michigan has some of the nation’s toughest DUI and DWI laws. So a conviction can result in a lengthy jail sentence (up to 93 days), license suspension and points, fines up to $500, 360 hours of community service, and an ignition interlock device on your car — and that’s only for a low breath test first offense. A first offense conviction under Michigan’s new super drunk law carries much more significant punishment, including more jail time, fines and mandatory substance abuse counseling. Lawyers have legal knowledge and information about laws that can sometimes help lower your fine and jail time.

2. Believing your drunk driving charge doesn’t carry serious consequences. Don’t think you can just walk into court, plead guilty and then move on. If your charge isn’t defended properly, and you end up with a conviction, then you face a lifetime of consequences because Michigan drunk driving cases stay on your record permanently. Negative outcomes include skyrocketing insurance rates, employment challenges and travel restrictions to Canada.

3. Taking advice from someone other than your lawyer. You might be surprised to find out Michigan police officers rarely really know or understand the law and are known to offer questionable guidance, such as downplaying the situation and stating you don’t need a lawyer. Also, avoid talking to prosecutors or taking their advice because they are only interested in obtaining a conviction — not helping you.

4. Expecting a legal outcome based on another person’s case. Each drunk driving situation offers a unique set of circumstances. In Michigan, outcomes vary from court-to-court and case-to-case.

5. Thinking your social status will result in leniency in the courtroom. Due to Michigan’s strict drunk driving laws, history has proven people with higher status can be punished more severely. The consequences are also often more damaging. For example, if you have a high-profile job requiring a professional license (e.g., doctor, dentist, therapist, etc.), a drunk driving charge puts this license in jeopardy.

6. Holding back information from your lawyer. Although not unique to client-attorney relationships in Michigan, withholding or lying to your lawyer is a mistake — in any situation — that will always come back to haunt you.

7. Not documenting the events that occurred during your drunk driving charge. Memories fade, so write down your version of what happened during your arrest as soon as possible.

8. Hiring a lawyer based on the lowest price. Michigan does not have a continuing education requirement. As a result, many of Michigan’s lawyers don’t get additional training after law school. The lawyers who spend the time and money to stay on top of specialized education in topics such as breath and blood testing and alcohol metabolism gain knowledge that helps deliver successful results for clients. Rarely will the most qualified lawyers have the lowest fees.

Patrick T. Barone is the principal and founding member of the Barone Defense Firm in Birmingham, Michigan. He is the author of two books on DUI defense: “Defending Drinking Drivers” and “The DUI Book – A Citizen’s Guide to Understanding DUI Litigation in America.” Get more of his free tips and insider information about how to win your drunk driving case at http://www.winbackyourlife.org.

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DUI Cop Tactics Revealed

February 5, 2010 By Leave a Comment

By Amy Walsko -

Find Out Secret Tactics Cops Use To Pin A DUI On You.

Forget about a monthly quota – convicting lots of people for driving under the influence is just the kind of economic stimulus cities and states need these days just to get the cash needed to survive and offer basic governmental services. Combine this with the fact that the California DUI laws are getting stricter and stricter, and you’ll want to make sure you know what tactics police use to arrest as many people as possible.

Do not answer if a cop asks, “Have you been drinking?,” and do it respectfully. This is because anything you say can incriminate you. It is your right under the United States Constitution to request that your lawyer be present when you are being questioned. Most people, when faced with an authority figure, truthfully answer questions that are asked of them. But don’t take the bait, and don’t volunteer anything!

Refuse to take any field sobriety test. Let’s say you’re at a California DUI checkpoint, you’re overweight and/or middle aged. Watch out! You might not be as steady on your feet anymore, and passing a field sobriety test like the one-leg stand test and the walk-and-turn test may not be a slam dunk for you anymore. The cops know this and will definitely ask people like you to take these kinds of tests. But field sobriety tests are completely voluntary. If you’re asked to take them, it is your right to refuse, and you will not face any legal repercussions.

Get enough sleep. We all lead busy lives – busy lives leads to fewer hours of sleep and more blood-shot eyes. However, according to California’s per-se law, blood-shot eyes can be the circumstantial evidence used by cops to subjectively determine you to be an unsafe driver and, therefore, under the influence. Add to that the fact that studies show than a sleepy driver is as dangerous as a drunk driver, and it’s a convincing argument to get enough sleep.

You have to learn your California DUI laws. Police are banking on the fact that you don’t. And do not confuse refusing to take a field sobriety test with refusing to take a blood alcohol concentration (BAC) chemical test from a breathalyzer. Whereas refusing a field sobriety test carries no repercussions, refusing to submit to a chemical test will RESULT IN THE LOSS OF YOUR DRIVER’S LICENSE ON THE SPOT. This is because California is an implied consent state; you gave your implied consent to a chemical test when your driver’s license was issued to you. Don’t become a DUI victim, learn your rights, and learn the laws in your state.

No matter how much you know about DUI laws, being irresponsible and driving drunk isn’t worth the overbearing consequences. In times of need, it’s good to know there is a DUI attorney directory that can help you, like myDUIattorney.org.

Article Source:  DUI Cop Tactics Revealed

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DUI Laws and Drunk Driving Consequences

November 12, 2008 By Leave a Comment

By Cary Bergeron

States are cracking down on drunk driving. DUI and DWI laws across the nation are becoming stricter and being enforced with greater diligence. Why is drunk driving such as big deal? What happens to your body when you drink that makes driving so dangerous?

Alcohol slows the brain by acting as a depressant. When you drink, some of the messages your senses are sending to your brain are suppressed. That means you the fact that the car in front of you is stopping may not register with your brain, or it may register far to late for you to act. Alcohol in your system also makes you have a distorted picture of how you are moving. You may think, for instance, that you are moving in a straight line, when, in fact, you are staggering across the room. When you are driving, this makes it almost impossible to drive straight down the road.

When you drink and drive, you are putting yourself at risk. Many drink drivers are killed because of their poor driving skills. According to the Centers for Disease Control and Prevention, car wrecks are the leading cause of death for people in America who are under the age of 24, and about 40 percent of those deaths are somehow related to alcohol. Many of those in this statistic were the drivers or passengers of drunk drivers.

So just how dangerous is it to drive drunk? Having a blood alcohol content of just .10, a tiny bit over the legal limit, puts you at seven times higher of a risk for being involved in a crash that kills someone. If that level is raised to just .15, the risk increases to 25 times.

What about driving with a little bit of alcohol in your system? What if you are driving under the legal limit? Are you still putting yourself and people around you at risk?

Believe it or not, you could be. A blood alcohol content of .04, for instance, can increase the likelihood of someone being involved in a car crash by 1.4 times. Every drink that is added to that person’s system increases the risk dramatically. Doubling the blood alcohol level to .08 increases the risk of a car crash to 11 times more likely. So having “just one more” could bring devastating consequences.

So before you jump in the car after a party, stop and think about the risk. Are you ready to live with the knowledge that your actions killed someone? Are you willing to put your own life and the lives of your passengers at risk? If not, pass the keys to someone who did not drink or call a taxi. The rest of the community will thank you.

To learn more about the DUI Laws for your state or the Arkansas DUI Laws And Consequences visit DUIConsequences.com

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