Mussin & Scanland, PLLC
Many are unaware, the results of the preliminary breath test in the field are inadmissible because the test results are unreliable. It is the results of the breathalyzer machine at the police station which are admissible. Additionally, many are unaware there are special administrative rules which apply to both.
The key to "under the influence" is you must be under the influence while driving your car. If the police make observations, administer field sobriety and chemical tests at a time after you were driving, then this evidence is less relevant the further away you get from driving the car
OPERATING WHILE INTOXICATED
When you’re charged with operating a vehicle while intoxicated, or OWI, in Michigan, you can face very serious consequences even if it’s the first time you’ve ever been charged with any kind of criminal offense. Even a first offense for OWI is a misdemeanor in Michigan, and under some circumstances OWI can be a felony. The possible consequences you may experience if you’re convicted can include:
A jail or prison sentence
Loss of your driver’s license
Loss of use of your vehicle
Loss of your job if you drive for work in any capacity
Points on your driver’s license
Increases in your car insurance premiums
A permanent criminal record that can’t be expunged
Let one of the attorneys at the law firm of MUSSIN & SCANLAND, PLLC examine all of the facts of the case and determine if you should enter a plea or if the matter must be tried. Either way, an experienced lawyer at the law firm of MUSSIN & SCANLAND, PLLC will assist you in ensuring the police and prosecutor follow all the rules.
It’s often a stressful experience to get pulled over by a police officer or state trooper. You may wonder what you did wrong — and think that you were doing everything right and still end up with a ticket or worse. You may even find yourself in the scary situation of being charged with driving under the influence because an officer or another driver on the road thought they saw you driving in a way that indicated you were impaired, or thought they smelled alcohol on you when they pulled you over.
You may not have been impaired at all. Anyone can make a mistake in their observations, especially at night in the dark when most DUI arrests happen. You may take a breath test and get a false positive reading for any number of reasons, or lack the motor coordination to perform roadside field sobriety tests for reasons other than being drunk.