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Birmingham Building a First Offense DUI Defense
Being arrested for drunk driving is a serious charge, which means you need the proper representation to guide you through the legal process. It is important that a person has an attorney that understands not just criminal law, but also the science that goes behind how to determine whether or not somebody is intoxicated, impaired, or under the influence of a controlled substance.
The experienced impaired driving defense lawyers could help you in building a Birmingham first offense DUI defense.Diversion Programs or Probation Options
In Birmingham, almost no diversion programs exist. Drunk driving in Michigan is not a crime that has a statutory diversion program. That means that although there are some crimes like first possession of drugs or a first domestic violence, there is no automatic diversion program.
In Michigan, whenever there is a drunk driving charge it will enter their record if there is a conviction. There is a remote possibility for a delayed sentence. However, the difficulty is even if a person is able to enter a delayed sentence, which by completing a period similar to a probationary period, at the end the case would be dismissed, a person takes the plea in Michigan and it will start the driver’s sanctions. Even if the case is removed from a person’s criminal record and dismissed, it will still remain on the person’s secretary of state driving record as a drunk driving conviction.Building a Defense
The first thing that attorneys do when building a Birmingham first offense DUI defense is getting all of the evidence. Lawyers have to be aware that prosecutors want all of the information. They want to get videos of the arrest, 9-1-1 calls if there are any, and videos of the tests. They also want to not just take their word for the test, but take a look and make sure that their machines are allegedly working properly. They want to make sure that they have all of the testing records and information to do a thorough analysis.
Constitutional violations are a great way to get a case dismissed, but there are more than just massive violations by police officers. There are also violations in the field sobriety testing, which is put forth by the National Traffic Highway Safety Administration (NTHSA). It is important when building a Birmingham first offense DUI defense that the attorney understands the standard under NTHSA, so they can apply that to the legal standard.Breath and Blood Testing
In regards to Michigan State Police, there are standards regarding the testing and implementation of breath and blood testing. Attorneys want to make sure that they always have that scientific information because they want to be able to prove that the machines were or were not working within their parameters. Even if their test might show they want to have a base of knowledge that indicates that their test might not be as precise or as accurate as they think that they are.
Whether it is a breath test or a blood test, there is information to get in relation to the testing. It costs lawyers money to get this information which is why it is generally not done by most attorneys. Even if it is done by most attorneys, it is very difficult for most attorneys to understand the science that goes into breath testing.Get a Consultation Today
Attorneys want to be the most informed when in court, then they can make sure everyone understands what the evidence says and does not say. This is why it is important to contact a lawyer for building a Birmingham first offense DUI defense.