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Arrested For Michigan OWI Not Feel Intoxicated

Question: Can I be arrested for OWI in Michigan even if I do not feel intoxicated?

Answer: The answer to that question is yes. Drunk driving in every state right now is a .08 or above. It's a strict liability, much the same as speeding: it doesn't matter whether somebody is capable of driving faster than the speed limit in a safe manner; it doesn't matter whether you thought you were speeding or not. The question will always be determined as to whether or not, at the time you were driving, were you above the legal limit. So, some people, depending on their level of alcohol use, are actually quite capable of driving at a much higher level than the legal limit. But, they can still be arrested for drunk driving. Further, one of the problems with alcohol is that when we try and determine whether or not we are, in fact, intoxicated or repaired, we try and rely on our common, everyday senses. Alcohol has a special factor in that it can trick our senses, make us feel what they call 10 feet tall and bulletproof, so we feel not only good, we actually feel better than we think we should and so we feel fine to drive. This can lead to, I guess, a misconception of your own level of intoxication, a misunderstanding of your ability to operate a vehicle, and can lead people to make poor decisions that they would not otherwise have made. In fact, a majority of people who drink and drive probably feel that they're fine to do so. It's a simple mistake made under the influence or being impaired by alcohol.

That being said, there are many factors that you would want to investigate whether or not you actually were impaired or intoxicated. Many times the only evidence that says somebody is impaired or intoxicated is a number put forth by the police officers and prosecutors who have very limited understanding of where that number actually comes from. Because we do not have some ability to independently ascertain whether we're intoxicated or impaired, many times people are beholden to that number in their own mind. Instead, it's important that somebody talks to an attorney who understands that field of law who can explain to them thoroughly and in depth what does and does not go into determining that level of alcohol, and whether or not they actually were above the legal limit. There are many cases out there where people will plead guilty to a drunk driving because they feel they were above the legal limit even though the tests were not conclusive. Instead, they just wanted to believe the prosecutor and the police officers instead of doing a full, thorough case study with a practice attorney.

Client Reviews
★★★★★
Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
★★★★★
Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
★★★★★
The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.