Home
Firm Profile
Attorneys
Criminal Law
OWI/OWVI - Drunk Driving
License Restoration (DAAD)
Misdemeanors and Felonies
Additional Legal Services
Testimonials
Contact
Courts |
 DUI / OWI / OWVI - (The Basics)
The analysis of a drinking and driving case
1. Getting Pulled Over
The initial interaction of a motorist with a law enforcement officer which is typically the initial stop of a motorist on the road by a police officer. Motorists are stopped by law enforcement officers on a daily basis for a variety of reasons, and initial stops of motorist are not always for drinking and driving offenses. Frequently, law enforcement officers stop motorists for civil infractions including, but not limited to, speeding, defective equipment, and traffic control device issues. This is one of the most important elements of any drinking and driving case and it is the element of your case that requires careful review in order to find a possible basis for dismissal of your charge . The United States Constitution and Michigan law prevent law enforcement officers in Michigan from arbitrarily stopping motorist in Michigan. Mr. Goetz will order the officer’s in car video recording of the motorists driving prior to his contact with the officer. The in car video recording is an excellent tool in the defense of drinking and driving cases because it is an objective piece of evidence that may prove that the motorist was stopped illegally.
2. The Investigation
The investigation by a law enforcement officer after the stop. Once a law enforcement officer stops a motorist he will have personal contact with the motorist. At this time, the law enforcement officer may make some conclusions or determinations that the stopped motorist has been consuming alcohol or drugs. Typically, an officer will ask the motorist some questions about alcohol or drug consumption. These questions will also be typically accompanied by questions about where the motorist has been and where the motorist is traveling. This line of questioning by a law enforcement officer can lead him to request that you participate in field sobriety tests outside the vehicle.
The officer will almost always later claim in his narrative report (police report drafted after an arrest) that the motorist appearance was consistent with someone who had been consuming alcohol (the motorist had watery and/or blood shot eyes, smelled of the odor of intoxicants, speech was slurred etc.). Once these questions have been asked, the motorist can and typically will be asked to participate in field sobriety tests outside of his vehicle. Field sobriety tests are administered to motorists by officers to assist them in making a determination of whether a motorists has been operating his vehicle under the influence of alcohol. The results of Field Sobriety tests are factors for an officer to consider in making his decision if a motorists has been drinking and driving. The results are not absolute proof that a motorist has been drinking and driving and there are many reasons why a motorist may not perform well on field sobriety tests that are not related to alcohol or drug consumption. The field sobriety tests commonly administered are reciting the alphabet, walking heal to toe, counting backwards, standing on one leg with arms at side and horizontal gaze nystagmus (following /tracking a light with your eyes while keeping your head still). It is very important to analyze and review the motorists performance of the field sobriety tests. If a motorists performs well on the tests, this will be very helpful in the defense of the drinking and driving case. Again the officer’s in car video recording of the questioning of the motorists and the motorists performance on field sobriety test can be very helpful in the defense of the drinking and driving case. The video can be used as evidence that the police report is inaccurate and the information recorded by the officer is not to be trusted or believed.
After the field sobriety tests have been performed successfully or unsuccessfully, the officer will ask the motorist to submit to a preliminary breath test. If the result of the motorists preliminary breath test is near or over .08, the motorist will be taken into custody for violation of Michigan’s drinking and driving laws.
 3. Breath/Chemical Testing
Once a motorist has been taken into custody for a drinking and driving offense, he will be asked to submit to breath/chemical testing that will be used for evidentiary purposes. Typically, the motorist will be asked to provide a breath sample at the police station into the datemaster machine (commonly referred to as the breathalyzer). If the sample provided into the machine by the motorist is determined to be near or over .08, the motorist will be charged with Operating While Intoxicated and/or Operating While Visibly Impaired. A result of .08 or higher on the datamaster machine is not the end of the motorists case. The local law enforcement agencies are required to test and calibrate their machines in conformity with state law. Failure of a law enforcement agency to test and calibrate its machines in conformity with state law will provide Mr. Goetz an opportunity to challenge the results of the machine. In order to provide his clients a thorough defense, Mr. Goetz orders the datamaster calibration records to determine if the datamaster machine results can be trusted and believed.
Mr. Goetz thoroughly reviews all three steps of a drinking and driving case to ensure his clients receive an excellent defense to their drinking and driving charge. Get the quality defense you deserve...Call Erich Goetz
|
