QUESTION
I got charged with OWI for the first time, what can I do to get these charges dropped?
Asked on Mar 12th, 2013 on DUI/DWI - Michigan
More details to this question:
I had 4 beers at home and 3 hours later my boyfriend called me and said he needed a ride from work. So I figured I was fine, I felt fine. I picked him up and when I turned into my condo complex a police officer pulled me over for my driver side headlight being out. He asked me have I been drinking I told him I had a few beers earlier in the day. I told him I was picking my boyfriend up from the bar where he works. He asked me to follow his finger than asked me to step out the car. He asked me to walk heel to toe I did that barefoot on the freezing ground then he asked me to do it again but holding my leg out. I told him that I never had great balance so he asked me to take a breathalyzer, I refused cause my brother told me never to take one cause you don't have too. They took me too the hospital where they gave me a blood test. Then the officer offered me the Breathalyzer again saying if I took it I will only be locked up for 6 hours instead of 12. I blew .103 the legal limit is .08. I am single mom, unemployed student, I have a 100% clean background and driving record. I'm in the childcare industry and a charge like this will block me from finding a job.
4 ANSWERS
Criminal Defense Attorney serving Brighton, MI
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The Law Office of Steven M. Dodge, PLLC
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As to whether the charges can be dropped, that would be entirely up to the prosecuting attorney at this point. It is the prosecutors office that issues the charges and only that office can dismiss them unless there are other facts that might support a motion to dismiss. Based on your description, I dont see such a basis. If you can hire an attorney, do so in the county where the charges are pending. If you cannot afford counsel, request a court appointed attorney.
Answered on Mar 13th, 2013 at 3:57 PM
Michael J. Breczinski
Go in plead not guilty, get a lawyer and see what can be worked out.
Answered on Mar 13th, 2013 at 4:43 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Most jurisdictions are tough on drunk driving due to political pressure from outside groups like MADD. It's highly unlikely you are going to get it completely dismissed, at least on your own. the only way to stand a chance is to have someone trained and experienced in DUI defense because even though it's a misdemeanor, they are highly complex. You will need someone to evaluate every step of the case to see if there are any deficiencies that may get the charges reduced or dismissed. You need someone to carefully evaluate the police report, cruiser cam videos to make sure the stop is valid and to see if the field sobriety tests were administered correctly. It's also important to check the certifications of the officer performing the chemical test and again to see if it was done correctly and all rules were followed. There may be some issues that can help you get a better plea offer. A good DUI attorney is a very good investment as he will more than pay for himself in what he can save you in terms of fines, costs, driver's responsibility fees, higher insurance premiums, points on your driving record, possible vehicle immobilization or ignition interlock. At least consult with a DUI attorney in your area and do not go with the lowest bidder.
Answered on Mar 12th, 2013 at 9:36 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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These will not be dropped. Courts are very serious about OWI charges and you will have to convince a jury you are not guilty to get out of this. Hire a skilled local defense attorney.
Answered on Mar 12th, 2013 at 9:17 PM