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Portage Drunk Driving Lawyers

1. Taylor, Frederick: What should I do if I am stopped in Michigan after I have been drinking? Obviously, the best advice is to not drive after you have been drinking. However, consuming an alcoholic beverage and then operating a motor vehicle in and of itself is not a criminal offense. It only becomes a criminal offense if you have drank too much. If you are stopped by an officer after having consumed an alcoholic beverage, you should follow the following guidelines: * When responding to an officer’s signal to stop, you should pull to the side of the road as quickly as possible without jeopardizing the safety of you or any other person or property. * You should stay in your vehicle and be polite and courteous. * You should not answer any questions regarding whether you have been drinking, where, or how much was consumed and, if asked by the officer, your reply should be “I respectfully decline to answer any questions without my attorney being present”. * You should respectfully decline to perform any field sobriety evaluations that may be requested. These evaluations are voluntary and there is no penalty for refusing to submit to them. These tests include, but are not limited to: o recitation of ABC’s o Counting forward or backward o Finger-to-nose o Walk-and-turn or heel-to-toe o One-leg stand o Horizontal gaze nystagmus o Finger count * You should respectfully refuse to submit to any preliminary breath test offered at the side of the road. Refusal of a preliminary breath test is not a criminal offense. It is merely a civil infraction punishable by a fine, similar to any other traffic violation. * You should indicate to the officer that if you are to be given a citation then to please proceed with that so you may be on your way and that if you are free to go, you wish to leave immediately. If you are placed under arrest, do not consent to any questioning or submit to any test without first speaking to an attorney. * If the officer requests a chemical test after placing you under arrest, excluding a preliminary breath test, you should consent to the officer’s request – as an unreasonable refusal will result in a six month suspension of your driving privileges and six points on your driving record. If you have any questions regarding the test, you should request to contact an attorney prior to responding to the officer’s request. After submitting to the test, you should request an independent chemical test. * You should contact our office as soon as possible at 1-800-250-FRED (3733) How can I avoid a drunk driving arrest in the future? * Don’t drive after drinking. * Keep a copy of our business card with you at all times. * Do not drive a motor vehicle with defective equipment. * Do not commit unnecessary traffic violations such as speeding, failure to use turn signals, failure to come to a complete stop, etc. * Do not get out of the car once you are stopped. * Do not have the radio playing. * Tell your passengers to say nothing and look straight ahead. * Keep your driver’s license, registration and proof of insurance accessible place and, when the officer requests these items, hand them to him without saying anything. * If the officer asks you if you were aware of your traffic violation, do not argue, simply say “I did not know”. * Do not volunteer any information * If asked to step from your vehicle, do so slowly and directly and avoid touching or holding on to your car. * Prior to driving, you should place gum and/or mints in your mouth, and should continue chewing on them unless instructed to remove them. * While in contact with the officer, breathe through your nose and not through your mouth. * You should not keep anything suspicious and/or that may arouse the officer’s attention or concern within the interior of your car that would be in plain view. * If you receive a citation, do not argue or ask any questions. * If possible, wait for the officer to leave before pulling away from the traffic stop. * Pull into the next gas station, convenience store, or other public place and call for a ride. * Do not discuss this matter with any motel or convenience store clerks, as they may contact the police. * If possible, avoid driving late at night, particularly between the hours of 11 p.m. and 3 a.m. * Do not agree to allow the officer to search your vehicle. If you are arrested, do not plead your case to the officer. * If possible, answer all of the officer’s questions in one-word answers, i.e. “Yes” or “No”. * If the officer’s questions move into areas regarding your consumption of alcohol and/or submission to sobriety evaluations, you should respond with “I’m sorry officer, but without speaking with my attorney, I do not want to answer any questions or volunteer to perform any tests” and follow that response with “May I call my attorney?”. If the officer refuses, indicate that if you are not under arrest, you wish to leave. * If you are allowed to leave and you believe you may have had too much to drink, do not get back in the vehicle. Leave the vehicle where it is. The cost of a tow bill is less than the cost of a drunk driving defense. * Continually request to speak to an attorney before answering questions or submitting to any chemical or field tests. * If you are placed under arrest, indicate to the officer a desire to have an independent chemical test. * Pay close attention to each thing the officer does so that you can give an accurate description of the night’s events. * Consider having every other drink be non-alcoholic. * Keep eye drops, such as Visine, with you and use before leaving the place where you have been drinking. * Prior to driving, eat some heavy food, such as peanut butter, onions, or chew spicy-flavored gum. * Eat prior to drinking and continue eating as you drink. Concentrate on high carbohydrate foods, such as potatoes, rice, bread and pasta. * Avoid drinking alcohol when you are sick, as certain medications and/or having a fever can elevate your bodily alcohol content. * The combination of alcohol and certain medications could cause you to be charged with another criminal offense, i.e., operating under the influence of drugs. * Choose drinks with a lower alcohol content. * Avoid alcoholic beverages that are either mixed with carbonated beverages or are themselves carbonated, as the carbonation increases the rate that your body will absorb the alcohol. * Do not drink more than one drink per hour. * If you weigh 150 pounds or less, do not drink more than one drink every two hours. * Drink plenty of water and consider alternating a full 12 ounces or more of water with every alcoholic drink. * If you feel the effects of alcohol or have a “buzz on”, consider not driving. * Stop drinking alcoholic beverages at least 1½ hours before departing to drive home. During this period, consume several glasses of water. * Perform sobriety evaluations on yourself prior to driving. * Drive in as normal a manner as possible without committing any traffic violations. Driving below the speed limit, wide turns, weaving within your lane, or passing other slow moving vehicles, are actions, while not traffic violations, that will draw attention to your vehicle and may be used by the officer as the basis for a stop. * Do not operate a motor vehicle after drinking during bad weather. * Do not stop to be a good Samaritan after you have been drinking. * Do not exit your vehicle unless instructed to do so.
2. McNeil Law Office: Have You Been Charged With OWI Or OWVI? If you have been charged with what is commonly referred to as drunk driving in Michigan, you need to hire an attorney immediately to protect your rights! Do not wait until your initial arraignment and then plead guilty because you are embarrassed or want to get it over with. An experienced attorney can protect your rights and make the process bearable for you and your family. Hire An Attorney With OWI & OWVI Experience If you are facing a drunk driving charge of Operating While Intoxicated - OWI or Operating While Visibly Impaired - OWVI, you owe it to yourself to hire an attorney with experience. You will have tough questions about your rights, your license, jail time, alcohol assessments, and many others. Get them answered by an attorney who has been on both sides. Do Not Plead Guilty at Your Arraignment! There is a common misconception that if you were drinking and driving and charged with OWI or OWVI you must plead guilty at your initial arraignment. Nothing could be further from the truth! Your initial arraignment is designed to inform you of your charges and to determine your INITIAL plea. You can plead Not Guilty, Stand Mute or Guilty. If you plead not guilty you are simply setting the matter for a pretrial conference to speak with a prosecuting attorney. The same goes for standing mute. If you plead guilty, the judge will specifically tell you that you are giving up all of your rights. At the minimum, you should speak with a prosecuting attorney about your case. This will give you time to further consider hiring an attorney.