Brighton DUI Lawyers

Learn What to Do if You Have Been Charged with a DUI/OWI

If you’ve been charged with a DUI / OWI in Howell, Brighton, or anywhere else in Michigan, then time is not on your side.

Rather, achieving the best outcome depends on quickly taking the right steps and employing effective defense strategies.

The DUI attorneys at Gentry Nalley understand every aspect surrounding Michigan DUI / OWI charges. Let us use our years of experience to help reduce or even drop the charges leveled against you.

Livingston County’s DUI Legal Process

Drivers who are arrested for a DUI in Livingston County are actually being arrested for “Operating While Intoxicated”, or OWI, since Michigan law uses this term for driving under the influence of any intoxicating substance.

However, this isn’t the only complex aspect of the legal process. Rather, drivers charged with an OWI can expect to deal with a legal process that involves a number of complex steps.

Our drunk driving lawyers have outlined the basic steps that anyone charged with a DUI / OWI will face. This can help you to know what to expect, as well as understand the most effective ways to build your defense.

The arrest

The legal process often begins with a traffic stop or at a sobriety checkpoint. If the officer observes signs of impairment, they may conduct field sobriety tests, such as a preliminary breath test (PBT).

Based on the results, the driver may be arrested and taken to the police station for a formal chemical test.

Chemical testing and implied consent

After the arrest, the driver is required to submit to a chemical test under Michigan’s Implied Consent Law.

This law went into effect when obtaining a driver’s license, requiring every licensed driver to voluntarily submit to chemical tests if suspected of operating a vehicle under the influence of alcohol, drugs, or intoxicating substances.

Refusal triggers a separate administrative license suspension.

Arraignment

This is the driver’s first court appearance, usually within days of the arrest. During this arraignment, the driver is formally charged and asked to enter a plea. Bond conditions may be set, including alcohol monitoring or travel restrictions.

Pretrial conferences and motions

This is a pivotal stage for any driver wanting to reduce or even eliminate charges.

At this point, a driver charged with an OWI can have their attorney file motions to suppress evidence, challenge probable cause, or negotiate with the prosecutor for a reduced charge or plea deal.

Trial

If a resolution cannot be reached, the OWI case may go to trial. This allows the driver’s attorney to present a defense, cross-examine witnesses, and argue for the driver’s acquittal.

Sentencing

If the driver is convicted or pleads guilty, the judge will issue a sentence based on Michigan’s sentencing guidelines, as well as any contributing factors or actions that may have contributed to the outcome.

No matter what step of the process you’re facing, the DUI defense attorneys at Gentry Nalley can provide the legal guidance you need to achieve the best outcome possible.

What To Do if You’re Charged with a DUI in Livingston County

If you’re facing DUI / OWI charges in Livingston County, you need to take the right legal steps to protect both your freedom and your future.

Our drunk driving attorneys have outlined these key steps:

Stay calm and cooperate with law enforcement

Even if you believe the charges or arrest were unjust, it’s important to remain calm and cooperate with law enforcement. This will help minimize the likelihood of doing or saying something you regret or that is later used against you.

Conversely, arguing or resisting law enforcement will only complicate the situation and add to the charges you’re facing.

Remember your rights

The familiar words, “you have the right to remain silent, anything you say can be used against you,” can greatly help you avoid making mistakes.

So instead of trying to talk your way out of matters, you may choose not to say anything, especially if you’re concerned about your ability to remain calm or are unsure how to handle matters.

Additionally, you also have the right to an attorney. It’s crucial to exercise this right as soon as possible by choosing an experienced DUI attorney like Gentry Nalley.

Document everything

To the extent possible, document and record as much information as you can. This includes records of anything related to your case, such as a timeline of events and who was involved. At times, even seemingly insignificant details can prove useful for your defense.

You should also gather any evidence or witness statements that could support your defense. These can be used in a variety of ways, such as providing evidence that proves errors were made during your arrest.

Contact a local DUI attorney

As soon as possible, contact a trustworthy Michigan DUI lawyer.

This is because your DUI / OWI charges depend on thoroughly knowing the diverse Michigan DUI laws and using them in your defense.

A DUI attorney will examine every detail surrounding the charges against you, what evidence exists, and what potential defenses to take.

Additionally, the DUI attorneys at Gentry Nalley can skillfully negotiate with the prosecutor, aggressively defend you in court, and help you avoid making mistakes.

Attend all court dates

According to Michigan law, failure to attend court dates can result in further legal trouble and will result in further penalties. So no matter what happens, it’s essential to attend every court date.

Make sure to be punctual and present yourself in a respectable, dignified way each time you appear in court.

If you cannot attend a court date for any reason, inform your attorney immediately.

Consult with your attorney before accepting an offer or pleading guilty

Since Michigan OWI convictions can result in major penalties such as license suspension, fines, jail time, and increased insurance rates, it’s essential to first consult with your attorney before accepting any offers or making any guilty pleas.

With their complete understanding of the details surrounding your unique case, your attorney will help you choose the best option available.

Recognizing the crucial role that your attorney will play in a DUI or OWI charge, you need legal representation that knows how to handle each step, which is the most important step you can take.

With over forty years of legal experience, Gentry Nalley knows every possible legal option available to you to create the best possible outcome.

The Most Effective Legal Defenses Against Michigan DUI Charges

If you’ve been charged with a DUI / OWI, it’s essential to know that there are various strategies and approaches available to reduce or even drop your charges.

Our DUI defense attorneys have done exhaustive research into Michigan’s DUI / OWI laws and penalties to help us identify weaknesses in the prosecution’s case and leverage them to your advantage.

Some of the most effective DUI and OWI defense strategies include:

Challenging the traffic stop

If the officer lacked a valid legal basis or reasonable suspicion for pulling you over in the first place, any evidence gathered afterward may be suppressed.

Challenging the field sobriety test

Field sobriety tests may be improperly administered or interpreted. Factors like fatigue, medical conditions, or uneven road surfaces can affect the performance and outcomes of these tests.

Challenging the breath or blood test results

Since breathalyzers need to be properly calibrated and maintained to be effective, and lab procedures for blood testing must be followed precisely, there is often the possibility of an error during the administration of these tests. If this is found to be the case, the test results will not be accurate.

Violation of Constitutional rights

You are required to have been properly informed of your rights by the police. Additionally, the police are required to follow certain laws during a search or seizure. If either of these scenarios didn’t take place, your case may be subject to dismissal.

Medical explanations

Since your BAC at the time of testing is a pivotal aspect of your charges, a medical explanation may call this evidence into question. For example, certain medical conditions, such as diabetes or acid reflux, can mimic signs of intoxication or produce false positives on breath tests.

Rising BAC defense

Since alcohol takes time to absorb into the bloodstream, it’s possible your BAC was below the legal limit while driving, but then rose afterward when tests were administered.

Thus, the actual crime of operating a vehicle while intoxicated would not have been committed.

Plea Bargaining

In some cases, it may be possible to negotiate a plea to a lesser charge in order to reduce penalties, preserve your license, and prevent future repercussions. Lesser charges with reduced consequences may include reckless driving or operating while visibly impaired.

To get DUI / OWI representation that knows how to identify the best legal strategy for you, turn to the DUI attorneys at Gentry Nalley.

How our Brighton DUI Attorneys Help

With so many lawyers to choose from, it’s essential to know what to look for when seeking a Michigan DUI lawyer.

To successfully handle your DUI charges, you’ll need an attorney who:

Fully understands each Michigan law affecting DUI and OWI charges
Knows how to skillfully handle any charge, legal scenario, or process
Understands how to find weaknesses in prosecution or errors in police procedures to reduce or eliminate charges
Identifies various strategies and knows which one to choose based on your unique case
Communicates well to explain what decisions to make, steps to take, and why
Has a proven track record of success

If you’re looking for a Livingston County DWI / OWI attorney who meets all of the above requirements, then choose Gentry Nalley.

With over four decades of experience, our attorneys have successfully represented thousands of Michigan residents like you.

Trust us to handle your DWI / OWI charges with skill and insight to achieve the best possible results, while also providing the care and support you need throughout the process.

Get Experienced Help with Your Howell DUI Charges

DUI charges in Howell can cost you your freedom, reputation, and even your future if not properly handled.

The DUI attorneys at Gentry Nalley have the knowledge and experience needed to handle the unique evidence and circumstances surrounding your case in order to get your OWI charges reduced or possibly even dropped.

Contact Our Brighton DUI Lawyers Today

If you’re facing DUI / OWI charges in Howell, Brighton, or anywhere else in Livingston County, then let the attorneys at Gentry Nalley help.

Our DUI lawyers have the experience, insights, and resources needed to help you avoid steep fines, loss of driving privileges, and even jail time.