How to Protect the Rights of the Michigan OWI Accused

Let’s jump back.  Let’s say that someone comes to you, they’ve taken the Breathalyzer test, they are above the legal limit and they’re in trouble and have been arrested.  What are the steps that you start taking to protect the rights of the accused?

Well the first thing that we do is have them fill out the questionnaire and I’ve mention that earlier.  That is really where our investigation begins.  The thing that’s really critical in these cases is to do a very thorough investigation.  To try and uncover any of the problems that may have occurred in the investigation of the driver or of the collection of the evidence that brought the blood test.  Often time’s mistakes are made and sometimes we can use those mistakes to show to either a judge or a jury that the person is really not guilty of the crime.  We begin with the investigation and questionnaire then we obtain any video tapes that we can collect from the police department. 

If it’s a blood test we will send a request to the state lab to collect a variety of information from them.  We want to know whatever we can about the breath test machine that they used to test the person’s breath to see if there is any history of problems.  We are really looking for any detail that we can use to show that the test result was unreliable.  Just like anything else these tests are not always right.  Just because somebody is above the legal limit, does not mean that they actually had that amount of alcohol in their blood at the time the test was taken.

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