In Michigan, there are two great defenses for a drunk driving charge. Either you weren't driving the vehicle within the definition of the law in Michigan, or the prosecutor cannot prove beyond a reasonable doubt that you were either impaired or intoxicated.
The "but I wasn't driving the car" can fall into two categories in my mind. Either, you were in the car but not in the driver's seat with control of the vehicle, you weren't even in the car, and you didn't drive the car before or during the interaction with the police; this sort of defense would be a very good defense, but we would need some evidence to counteract what the prosecutor would bring to the table.
On the other hand if you were sitting in the driver's seat, but maybe you were pulled over, parked, crashed but nobody saw you driving, your case might be a good case for a pretrial motion or pushing the reasonable doubt angle at trial if there is no direct evidence of your driving.
Your case has a chance to be dismissed prior to trial, but if not, there may be a good defense at trial.
The "but I wasn't driving the car" can fall into two categories in my mind. Either, you were in the car but not in the driver's seat with control of the vehicle, you weren't even in the car, and you didn't drive the car before or during the interaction with the police; this sort of defense would be a very good defense, but we would need some evidence to counteract what the prosecutor would bring to the table.
On the other hand if you were sitting in the driver's seat, but maybe you were pulled over, parked, crashed but nobody saw you driving, your case might be a good case for a pretrial motion or pushing the reasonable doubt angle at trial if there is no direct evidence of your driving.
Your case has a chance to be dismissed prior to trial, but if not, there may be a good defense at trial.
