Escanaba, MI DUI and OWI Law Firms & Lawyers

You may be suspended for 3 months for either the Poss of MJ or the DUI depends on the level of MJ in blood - when you get the result, I can help you interpret it why stopped? These cases can be won or even plead to a charge that does not cause these problems.

A DUI charge CAN be sustained without field tests or toxicology tests. The prosecution must prove (by circumstantial evidence in your case) that you had consumed alcohol and it affected your ability to safely operate a motor vehicle to a substantial degree.

There are essentially 3 ways to be charged with "DUI". 1. If you are under the age of 21 and driving, any amount of alcohol is illegal; 2. If you are "visibly" impaired in the opinion of the officer (erratic driving, stumbling, slurring); 3. A blood test or breath test show that you are over the limit. Assuming you were over the age of 21, if the officer smelled alcohol on you and saw the beer cans in your care, it might be reasonable for him to assume that you were drunk at the time of the accident. You might also want to check your medical records to make sure that a blood sample was not taken while you were at the hospital. If they did not have a blood sample or do a breath test, you could have a very good defense to the charge. Having an accident does not mean you were drunk, nor does having an empty beer can in your vehicle. They still have to prove their case, and it appears to me that they are missing the evidence necessary to do so.