What Are Your Defense Options for a DUI Charge Without Alcohol in Michigan?

Question from Eat, What Are Your Defense Options for a DUI Charge Without Alcohol in Michigan?

Answer from AI:

If you’ve been charged with driving under the influence (DUI) in Michigan but had no alcohol in your system, understanding your defense options is crucial. Michigan law is strict on DUI offenses, often referred to as Operating While Intoxicated (OWI), and it’s important to know that these laws also cover impairment by substances other than alcohol, such as drugs or medication. Here’s a general overview of what you might consider if you find yourself in this situation.

Understanding Michigan DUI/OWI Laws

Michigan’s OWI laws are not limited to alcohol impairment. They also include impairment by any substance that affects your ability to drive safely. This means you can be charged with OWI even if you haven’t consumed alcohol but are found to be impaired by drugs, including prescription medications, over-the-counter drugs, or illegal substances.

Potential Defense Strategies

If you’ve been charged under these circumstances, several defense strategies might be applicable. However, it’s strongly recommended that you consult with a legal professional to get advice tailored to your specific situation. Here are some general defense strategies that might be considered:

1. Lack of Impairment: One of the most straightforward defenses is proving that you were not impaired at the time of the incident. This could involve presenting evidence that any substances you had taken do not affect your ability to drive safely or that you were not under their influence when you were found in the drive-thru.
2. Medical Condition: Sometimes, medical conditions can mimic the signs of impairment. Conditions such as diabetes, epilepsy, or even severe fatigue could potentially lead to behavior that might be mistaken for drug impairment. Medical records and expert testimony could be crucial in such a defense.
3. Improper Police Procedure: The legality of the traffic stop, the administration of any field sobriety tests, and the handling of your arrest could all be points of contention. If proper procedures were not followed, it might be possible to challenge the evidence against you.
4. Involuntary Intoxication: If you were unknowingly or involuntarily exposed to a substance that impaired your ability to drive, this could also form the basis of a defense. This might apply if you were given a drug without your knowledge.

Next Steps and Legal Assistance

If you’re facing a DUI/OWI charge in Michigan without having consumed alcohol, taking the following steps can be beneficial:

• Gather Evidence: Collect any evidence that supports your defense, including medical records, receipts, witness statements, or anything else that could help prove your case.
• Consult a Lawyer: A legal professional specializing in DUI/OWI cases can provide you with advice tailored to your situation. They can help you understand the charges against you, the potential penalties, and the best defense strategy for your case.

For more information on Michigan’s OWI laws and penalties, you can visit the Michigan Secretary of State’s website.

Remember, every case is unique, and the best defense strategy depends on the specific details of your situation. Therefore, it’s crucial to seek personalized legal advice. Legal professionals can help navigate the complexities of the law, represent you in court, and work towards the best possible outcome for your case.