So you have been arrested for Drunk Driving...
The police officer may have stopped you for weaving, speeding,
swerving, driving slow and erratically, broken tail light,
failure to turn on your headlights, or you may have been
in an accident.
The police officer will undoubtably ask for your license,
registration and insurance. Failure to produce these documents
would result in a ticket and/or an arrest.
The officer may ask you to step out of the car to perform
Field Sobriety Test, the Horizontal Gaze Nystagmus Test
and the Preliminary Breath Test. Refusal to cooperate may
be admitted as evidence of your intoxication at trial. Refusal
to take the PBT could result in a separate ticket and suspended
licence.
If you are arrested, you will be handcuffed and taken to
jail where you will be booked and asked to take another
breath test. Refusal to take the breath test could result
in a 6 month license suspension and 4 points on your driving
record. Additionally, the police could get a search warrant,
take you to the hospital where a nurse will draw your blood
for a blood test. The bottom line is that the police will
obtain your blood alcohol level even if you refuse and you
will lose your license.
If arrested for OUI/OUIL the police will leave you in jail
until your Blood Alcohol level is .07 or less.
If you had a passenger, the police could require him/her
to take a PBT. If that person is a minor, he/she would be
arrested as a MIP ( minor in possession). If there is open
alcohol he/she could receive a separate ticket for Open
Intox.
If the passenger is sober, the police may allow him/her
to drive the car with your permission. If he/she does not
pass the tests, the car will likely be towed at your expense.
If there is a suspicion of drug use, your car may be searched
thoroughly. Any contraband found may result in a separate
ticket and/or arrest.
If there was an accident and if you were injured you may
be transported to the hospital. If blood was drawn as part
of the treatment, the police may get the blood alcohol level
from the procedure. If not, they may get a search warrant
to draw blood for the PBT test.
How can we help
First, we will interview you to understand the facts as
you see them and learn something about your background.
We will obtain and review copies of the police report. You
will be provided a copy and asked to tell us what may be
inaccurate or wrong or left out of the report. We may talk
to other witnesses. We will evaluate the facts and determine
whether we can bring a motion and have the case dismissed.
We will evaluate the facts and determine if we go for trial,
do we have a reasonable chance of success. If not we will
tell you and let you decide.
We will posture you as best we can in order to get the
best possible sentence for your. We may require you to participate
in certain programs such as getting an alcohol assessment,
attending classes in alcohol awareness, attending the Victim
Impact Panel developed by M.A.D.D www.madd.org (Mothers
Against Drunk Driving), attending Alcohol Anonymous www.aa.org
and other programs recommended by your assessment. You may
be asked to participate in an Impact Weekend program www.impactweekend.com
You may have to appear in court for an Arraignment and
Pretrial, also for a Plea and Sentencing. If convicted,
you may receive fees and costs with no jail or probation
and, if jail, then work release.
Ultimately, what you are charged with at sentencing depends
on whether you are a first time or repeating offender and
if it is established that you have an alcohol problem, whether
you are addressing that problem.
When you hire a lawyer to represent you in an Drunk Driving
offense you look for the following factors:
- CONFIDENCE Does this attorney appear to have the knowledge
necessary to guide you through this legal process
- TRUST Does this attorney inspire your trust. Will he
fight for your best interests?
- EXPERIENCE IN PROSECUTING AND DEFENDING CLIENTS How
many years has this attorney been working with substance
abuse issues?
- EXPERIENCE IN TRIAL COURT How many years has this attorney
actually been in court situations?
- SUCCESS RATE Do past clients feel that they have been
well served by this attorney? This factor is hard to assess,
and winning is not necessarily having your case dismissed.
It is being able to get through this issue with the best
possible outcome and to get on with your life with renewed
self esteem.
Our goal is to provide you excellent and aggressive representation
and either get your case dismissed or keep your sentence
as light as possible, all the while helping you address
any alcohol or substance abuse problem you may have.
Stuart R. Shafer, P.C.
The Grand Center
1223 Turner St., Suite 333
Lansing, MI 48906
Phone: 517.487.6603
Fax: 517.487.6604
Email: SRS@StuShafer.com
URL: www.stushafer.com
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