Is It Possible to Get a DUI Dismissed in Michigan?  

As a seasoned criminal defense attorney, I, Bradley J. Friedman, have witnessed firsthand the significant impact a DUI charge can have on someone’s life. From tarnishing your reputation to affecting employment opportunities and personal relationships, a DUI conviction carries severe consequences. That’s why it’s crucial to explore all avenues for potentially dismissing your charge, and hiring a skilled attorney like myself can be the key to navigating this challenging situation.

Factors Influencing DUI Charge Dismissal in Michigan

In Michigan, dismissing a DUI charge is not straightforward, but several factors can influence the outcome. The legal process involves examining every detail of the arrest and charges to identify potential grounds for dismissal. Some common factors include errors in law enforcement procedures, such as a lack of probable cause for the traffic stop or inaccuracies in breathalyzer and field sobriety tests.

Probable Cause and Law Enforcement Errors

Law enforcement officers must have probable cause to initiate a traffic stop. This means they need a reasonable suspicion that you were breaking the law before pulling you over. If it’s found that an officer lacked probable cause, there may be grounds to challenge the validity of the stop and, consequently, the charges. Additionally, errors in administering breathalyzer or sobriety tests can also be contested. Breathalyzer machines require strict calibration and maintenance, and any failure in this process can lead to inaccurate results, potentially invalidating your DUI charge.

The Clean Slate Law and Expungement Opportunities

Michigan’s Clean Slate Law provides certain individuals with the opportunity to expunge their criminal records, which can include first-time DUI offenses. Under this law, if you have a first-offense OWI (Operating While Intoxicated) conviction, you may be eligible to have it removed from your record after a five-year waiting period post-sentence completion. However, this option is only available for first-time offenses and does not apply to commercial drivers or cases involving injury or death. Pursuing expungement can impact your future by clearing your record, thus alleviating some of the long-term consequences of a DUI conviction.

Negotiating Reduced Charges Through Plea Bargains

While total dismissal of a DUI charge can be challenging, negotiating a plea bargain for a reduced charge is often a viable alternative. As your attorney, I can work to negotiate with the prosecution to secure lesser charges such as reckless driving involving alcohol. These charges usually carry lighter penalties and may not result in a criminal record, significantly reducing the impact on your life.

Seek Legal Assistance

Facing a DUI charge can be one of the most daunting experiences, but you do not have to navigate it alone. As your attorney, I can help you explore all possible avenues for dismissing or reducing your charges so that your rights are protected every step of the way. If you are dealing with a DUI charge in Michigan, contact my office for a case evaluation. Together, we can discuss your case, evaluate your options, and work towards the best possible outcome.