Per Se DUI Laws in Michigan
In a “per se” Operating While Intoxicated case, once an individual has proven to have a blood alcohol content over the legal limit of 0.08, he or she is to be considered intoxicated by law, and no other evidence of his or her drunkenness is required of the prosecution. In “per se” cases, evidence that shows you were in control of your vehicle or that you did not feel intoxicated carries no weight, and you will need to work with a skilled DUI attorney who knows other ways to help you beat the charges you are facing and secure a favorable case outcome once a blood alcohol content test has already been done.
Fight an OWI Charge with Grabel & Associates
The experienced attorneys at Grabel & Associates are committed to Michigan drunk driving defense, and for over 10 years our team has worked under the direction of founding attorney Scott Grabel to protect the rights and freedom of those who have been wrongly accused of Operating While Intoxicated in Michigan. Without an attorney, you could face unnecessarily harsh penalties which may include jail time, fines, license suspension, a criminal record, and more, and only by hiring the best possible legal representative can you be sure that you have done all you can to protect against the potentially life changing punishments which can result from an OWI conviction. Contact our 24/7 criminal defense hotline now to learn more about effective OWI per se representation and how our firm can help in your unique case.
What is a Per Se Law? Michigan DUI Defense Lawyer
It is the responsibility of the prosecutor to show that the defendant was intoxicated while operating a motor vehicle, and the easiest way for them to do so is by proving that he or she had an unlawful blood alcohol content. If the prosecutor is able to show that at some time your BAC tested above 0.08%, you will be facing a “Per se” case, which means “in itself” or illegal without having to prove anything else. The prosecution doesn’t need to show you were driving dangerously, that you couldn’t pass field sobriety tests, or that you were unable to control your vehicle – if your blood alcohol content is above the legal limit, you can be convicted.
When you face a “Per se” Operating While Intoxicated case, any potential defense that relies on relating alcohol use to your driving or ability to safely operate a motor vehicle is useless, and you need to find other ways to challenge the charges you are facing. Grabel & Associates has worked in countless cases statewide involving illegal BAC levels, and we know how to protect clients who are facing accusations of drunk driving after a chemical blood test.
Fighting Per Se OWI Charges in MI
When a person has an unlawful blood alcohol content in Michigan, the focus of the case changes from proving that he or she did not operate a motor vehicle while under the influence, to attacking the chemical testing results in attempts to show why they should not be admissible. If your attorney is not able to discredit the BAC evidence, the jury can find you guilty solely on that evidence alone. Fortunately, an experienced DUI defense lawyer will know what can be done to aggressively protect you from conviction even in cases involving chemical test results. Breathalyzer machines are notoriously inaccurate, and demonstrating that the device was not properly calibrated or maintained, or that the officer using it didn’t follow procedure, could render the evidence inadmissible. Although blood tests are more accurate, there are still numerous procedural errors and chain of custody mistakes that could have been made which would affect the reliability of the results. It can also be shown in some cases that a defendant’s BAC was rising, and therefore they had a legal BAC at the time of the alleged OWI offense.
Our Proven OWI Defense Approach
Operating While Intoxicated is a serious criminal charge, and our lawyers understand how much is at stake after a drunk driving allegation is made. Contact Grabel & Associates now and immediately receive individualized case analysis from an experienced attorney, and let us explain exactly what you need to do to fight back against aggressive police and prosecutors who will be trying to convict you. Our lawyers know what it takes to win, and our proven results demonstrate just how effective our team can be in tough cases statewide.
Contact Grabel & Associates for Drunk Driving Defense
Speak with attorney Scott Grabel or another member of our qualified team now by calling 1-800-342-7896. You can also contact our law firm online and set up a free initial case consultation with a DUI defense lawyer in Michigan. We are available 24/7 to begin answering your legal questions and providing top-notch defense throughout your investigation and potential trial.