Learn Your Rights

Drug Possession
Driving Under the Influence
Auto Ticket Defense
Drivers License Restoration
MIP Rights & Representation

Client Service


37282 - 31 Mile Road, PO Box #698
Richmond, MI 48062

Eliminate guesswork & confusion.

Pay Your Legal Fees Online

Issues in A Drunk Driving Arrest and Prosecution

Because drunk driving is a criminal offense, with lifetime implications for your driving record, you need to be aware of your rights at each stage, not just as it relates to your arrest, but also as it relates to legal proceedings. The typical issues are as follows:

  1. Was the “Stop” valid? There must be reasonable suspicion for the police to stop you in the first place;
  2. Was there ”Probable Cause” for your arrest? Did the police have probable cause to believe that drunk driving occurred, and that you were guilty of it?
  3. Did the police violate “Search and Seizure” rules as to the contents of your vehicle?
  4. Did the police violate “Search and Seizure” rules as it relates to drawing blood from you, to prove alcohol content?
  5. Was there proof of “intoxication”? Usually, this is not a problem, because there either is proof, or it is fabricated by the police.
  6. Was there proof of “Operation”? Not only must there be proof that you were intoxicated, but that you were “operating” the motor vehicle at the time of the arrest. Sometimes this is not at all an obvious matter.
  7. Did the police violate the “15 Minute Observation Rule”, as it relates to the Preliminary Breath Test (PBT), and separately, as to the DataMaster?
  8. Can the police certify the proper operation of the DataMaster machine, and the qualification of the officer administering the DataMaster test?
  9. At time of trial, what are the evidentiary issues likely to arise?

Issues regarding a drunk driving arrest?

Contact me, and I will inform you of your rights and responsibilities

Learn more about Michigan DUI Laws & Protections.

Under Michigan law, your use of roads and highways is held to show your implied consent to provide breath alcohol testing. MCLA §257.625c. Thus, there are consequences for your refusal to submit to the testing, that you have “impliedly consented” to giving... Continue reading.

Michigan recently enacted enhanced penalties for first time drivers, whose blood alcohol level exceeds .17%. Under Michigan’s new “Super Drunk” law, including mandatory one-year alcohol rehabilitation, a one-year license suspension, the first 45 days of which is a so-called “hard suspension”, meaning no driving at all; during the remaining 320 days, the driver can seek restricted driving privileges, but only if monitored by a breath alcohol ignition device (or “breath interlock device”), installed and maintained in the vehicle, at the expense of the driver... Continue reading.

Using the Widmark formula, as breath alcohol testing machines do internally, and mechanically, you can calculate the anticipated blood alcohol level one would expect from consuming a certain amount of beer, wine, or hard liquor. One can also calculate how many drinks of different types of intoxicant, it would take to elevate one’s blood alcohol level to a given number. Constants are built into this well-accepted formula, to account for physiological differences between men and women, and between heavier and thinner people... Continue reading.

©2020 Frank Law Defense - Attorney. All rights reserved. | Disclaimer · Terms of Use · Privacy Policy | Law Firm Web Design Company: abm AGENCY