If you're charged with a DUI in Novi, you'll appear before one of three judges; Judge Bondy, Mackenzie or Powers. The prosecutor will have chemical test results, which show you over the legal limit. Now this test is conducted well after you come in contact with the police, which begs the questions: How can I be charged with drunk driving if the results are from hours later? Well in Michigan, the law states the following:
The amount of alcohol or presence of a controlled substance or both in a driver’s blood or urine or the amount of alcohol in a person’s breath at the time alleged as shown by chemical analysis of the person’s blood, urine, or breath is admissible into evidence in any civil or criminal proceeding and is presumed to be the same as at the time the person operated the vehicle.
This means the jury will be instructed to presume a 0.08 result or higher taken minutes or hours later should be considered what your result was when you were driving. This doesn't make a ton of sense, but it's up to your attorney to argue otherwise.
The amount of alcohol or presence of a controlled substance or both in a driver’s blood or urine or the amount of alcohol in a person’s breath at the time alleged as shown by chemical analysis of the person’s blood, urine, or breath is admissible into evidence in any civil or criminal proceeding and is presumed to be the same as at the time the person operated the vehicle.
This means the jury will be instructed to presume a 0.08 result or higher taken minutes or hours later should be considered what your result was when you were driving. This doesn't make a ton of sense, but it's up to your attorney to argue otherwise.
