A police officer will usually have evidence to support their allegations when they arrest you for operating while intoxicated (OWI) in Michigan. For example, they may have observed your driving behavior before the traffic stop or during a field sobriety test and concluded that intoxication was likely.
They may also have had you perform a chemical breath test. If your results showed that you were over the legal limit, that alone could be grounds for prosecution.
Some people assume that if the state charges them with an OWI, their conviction is inevitable. What they don’t realize is that one of the three strategies below could help them fight those charges successfully.
Challenge the traffic stop
Police officers need probable cause to pull someone over. Just driving near a bar or concert venue isn’t a justification for an officer to assume intoxication. If the officer’s reason for pulling you over isn’t valid, you may be able to challenge it.
Challenge the accuracy of the test
Chemical breath tests are not always as reliable as people think. They can return false positives or inaccurately high results, leading to a police officer arresting someone who didn’t actually break the law.
Present a medical defense
If you have diabetes, auto-brewery syndrome or asthma, your condition could potentially be a medical explanation related to your condition or the medication you take for why you acted a certain way or failed a breath test.
With experienced legal guidance, you can review all possible defense strategies available that could help you fight back against OWI charges.