Michigan DUI lawyer Paul J. Tafelski (https://www.michigandefenselaw.com/dui-warrants.html) recently released a new blog post that explains Michigan DUI warrants and how a DUI lawyer may be able to help. The lawyer mentions that in Michigan, prosecutors take drunk driving very seriously. In the case of drunk driving, it may be hard to find groups who would offer empathy and support towards a drunk driver except for their lawyer.
According to the Michigan DUI lawyer, “Under the Fourth Amendment to the Constitution, you are entitled to be free from unreasonable searches and seizures. When a police officer wants to pull you over and detain you, he must have a reasonable suspicion of criminal wrongdoing. Moreover, with some exceptions, if the officer wants to search you, he needs to have probable cause.”
The lawyer explains that sometimes, defendants may refuse a breath test when they are pulled over or even when they’re already at a police station. Refusing the breath test can let the police obtain a warrant to draw blood from the defendant to prove that the driver is under the influence of alcohol. This means that even if the defendant did not consent, the police may be allowed to draw their blood and use it as proof of the DUI offense.
Attorney Tafelski also discusses that after a police stop, the law enforcement officer will be on the lookout for signs of intoxication or other crimes on the defendant. The police officers will check for bloodshot eyes, alcohol on the suspected person’s breath, and even slurred speech. The police officers will be able to use this to arrest the driver and also to obtain a warrant for a blood test.
Additionally, the criminal defense attorney emphasizes that it’s important to know that accident DUIs are different. This means that if the police suspect that the accident occurred because the driver was under the influence, an ambulance may transport them to a hospital, and blood may be drawn for medical purposes. In these cases, blood can be drawn without the consent of the driver.
In the article, the lawyer adds, “If the officer is untruthful or inaccurate in the sworn statement, we may be able to challenge the search warrant at a later date. If the search warrant were deemed improperly obtained the blood test results would be suppressed and the case could be won or would at least be severely damaged. Only after a thorough review of the evidence can we determine the best strategy for defending you in your OWI case.”
Lastly, attorney Paul encourages those who are charged with a DUI offense to seek the help of an experienced DUI lawyer. Having a skilled DUI lawyer may be able to help the defendant protect their freedom and their rights.
About Michigan Defense Law
Michigan Defense Law is a firm that takes the presumption of innocence very seriously. Every client deserves competent legal representation. No matter if someone is facing a felony or misdemeanor charge, the lawyers at Michigan Defense Law will work hard to vigorously defend the client and achieve the best outcome for them. Call Michigan Defense Law today at (248) 451 2200 to schedule a consultation.
With over 25 years of combined experience in criminal defense law, the talented legal team of Paul Tafelski and David Goukassian at Michigan Defense Law is devoted to the defense of good people who have found themselves in difficult circumstances.…