Franklin Law, PLLC

OPERATING WHILE INTOXICATED

Drunk driving is a “hot button” charge – one that triggers a great deal of negativity and public censure. If you are charged with Operating While Intoxicated, it may seem like the world is against you. It is crucial to contact a lawyer immediately to ensure that your rights are protected at all stages of your case, that you are fully aware of what lies ahead, and that you don’t fall victim to the legal system.

WHAT HAPPENS AFTER YOU ARE CHARGED WITH DRUNK DRIVING AND CONTACT US

1. Initially, you will be arraigned on the charge and the Judge will set bond conditions which usually involve random alcohol screenings.

2. Immediately after the arraignment, we will obtain discovery from the police department. The review and analysis of this discovery is the MOST important aspect of your case. It is during this process that your attorney can ascertain whether the police actually had probable cause to effectuate a traffic stop on your vehicle, whether they had further reason to suspect drunk driving, and if they did, whether all procedures were followed correctly. If the police officer failed to properly comply with any of these steps, it may result in the dismissal of your case.

3. Depending on the analysis of the discovery, we will determine whether it is in your best interest to take the matter to trial.

CRUCIAL MISTAKE TO AVOID
Not contacting an attorney to determine whether the arresting officer had
probable cause to stop your vehicle and whether he/she followed proper procedure. This could mean the difference between being fined, having your driver’s license suspended, or even serving a jail term – on one hand --- or possibly having your case dismissed if it can be shown that the officer did not follow proper procedure. Just because an officer claimed there was probable cause to effectuate a traffic stop does not mean that he/she actually had probable cause – but without selecting the proper attorney, you may never know.

DID YOU KNOW?

You are not required to perform field sobriety tests.

Prior to performing the DataMaster (breath) test at the police department, you have the right to call an attorney for advice.

A second drunk driving offense within 7 years will result in an automatic driver’s license suspension, regardless of whether either charge was reduced to a lesser charge.

Certain Michigan judges are sentencing those found guilty of drunk driving to mandatory jail terms – even on first offenses. Now, more than ever, it is imperative that you have an attorney to protect your rights.