How We Win Drunk Driving

Cases in Michigan

Every drunk or drugged driving case presents a variety of potential defenses.

But the key to developing winning defense strategies is meticulous pretrial preparation.

At Duke Law Group we only accept a limited number of DUI cases so that we can make each client’s case a priority. Our team of dedicated professionals work diligently on each drunk driving case to insure that every client we represent receives the best possible representation.

It is our goal to win drunk driving cases, not just defend them.

Each new file begins with a painstakingly thorough personal interview with the client. The circumstances of the incident giving rise to the arrest are comprehensively reviewed and analyzed to uncover all of the operative facts that bear on both substantive and procedural defenses.

The client’s health history is addressed to determine whether a personal medical condition could affect the results of any blood, breath or urine test used to prove a particular BAC (bodily alcohol concentration) result. A client’s work history is reviewed to consider the implications of the criminal charge relative to employment and professional licensing issues. A copy of the client’s master driving record is secured to address the potential licensing sanctions implicated by the facts of the case.

Requests under the Freedom of Information Act (FOIA) are sent to the relevant authorities and public agencies to secure important evidence that may relate to the client’s case. Demands for video evidence in the custody and control of the arresting agency are initiated as well as record requests from any breath or blood testing facility involved in post-arrest BAC testing. Once all of the discovery materials are secured and reviewed, a preliminary outline of potential defense strategies is prepared.

One of the first areas of defense we always consider relates to the initial traffic stop, because in Michigan, a police officer must have probable cause to make the stop in the first place.  And if there was no probable cause or any reasonable basis to make the traffic stop, it’s possible that a judge may be persuaded to dismiss the charge.

The second line of defense involves the administration of roadside sobriety tests by the arresting officer. Most officers are not certified by the National Highway Traffic Safety Administration in the proper administration of these tests.  Consequentially, we may be able to demonstrate through a thorough cross examination of an officer at an evidentiary hearing that the tests administered in a particular case failed to follow the standardized procedures.  In that case, the court may suppress the results of the tests and preclude the prosecutor from introducing any evidence regarding the tests.

The last line of defense relates to the evidential breath or blood test used to determine a person’s bodily alcohol concentration at the time of their arrest.  For example, the Michigan State Police have issued specific guidelines and regulations related to how the breath tests are to be administered.  Any deviation from those regulations that causes the accuracy of the test to be called into question may give us a basis to have the court suppress the test results and that could very well result in a much more favorable disposition of your case.

But  the key point in all of this is that the team of professionals at Duke Law Group have the knowledge, the experience, and the expertise to recognize and exploit any weaknesses in the prosecution’s case.

While it is true that most OWI cases are won in the pre-trial stage, sometimes a jury trial can not be avoided.

At Duke Law Group, we aggressively file all of the motions necessary to protect and defend a client’s rights as part of our strategy to win drunk driving cases. We carefully prepare for evidentiary hearings to not only prevail on the client’s behalf, but to create an appropriate record for appeal in the event appellate review becomes necessary. And in the event the case can not be resolved favorably at the pre-trial stage, we will take the case to trial.

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180 High Oak, Suite 205

Bloomfield Hills, MI 48304

(248) 409-0484