Operating while intoxicated (OWI) charges are more serious than people might realize. While drivers may think of OWI offenses as largely victimless crimes, the state of Michigan is quite assertive about enforcing OWI regulations.
Drivers may face charges because they demonstrate impaired driving capabilities or because they fail testing during a traffic stop. The penalties that the courts might impose after a conviction or guilty plea include jail time, fines and a lengthy driver’s license suspension. Drivers who want to avoid criminal penalties or the consequences of having a criminal record may choose to fight pending OWI charges.
What are some of the common strategies that can help people avoid the worst-case scenario?
Challenging a traffic stop
Defense attorneys can sometimes convince prosecutors to dismiss OWI charges. Frequently, the evidence of the offense all comes from a single encounter with law enforcement. If police officers violated the law by conducting an inappropriate traffic stop, a lawyer may be able to prevent the state from presenting any evidence collected because of an illegal traffic stop.
Providing a medical explanation
There are a variety of different medical issues that can affect an individual’s performance on field sobriety tests and chemical tests. Blood sugar issues, possibly caused by unmanaged diabetes, could trigger a false positive or elevated reading on a breast test. Neurological conditions and mental health issues might affect performance on field sobriety tests. If there are clear medical explanations for the results of OWI testing, the state may not have a particularly strong case.
Questioning state procedures
There are many ways in which police officers or forensics specialists conducting chemical tests could make mistakes. Perhaps the police department has not maintained appropriate calibration records for testing devices. There could be reason to question the accuracy of test results in that scenario. Maybe the police officer did not record the driver’s performance during field sobriety tests. Small deviations from best practices can raise questions about the accuracy and usefulness of different forms of evidence.
In some cases, motorists might be able to negotiate the lesser expenses or qualify for specialized pretrial diversion programs. Reviewing the circumstances surrounding an OWI charge with a skilled legal team can help a driver determine the best potential defense strategy. With appropriate assistance, motorists accused of OWI offenses can avoid convictions and the various penalties that they may carry.