Today we explore some questions I've received from potential clients with cases in Northville Michigan. In this mailbag we explore questions about PBT testing and the impact of a DUI on a Michigan driver's license.
Question: I was pulled over this past weekend in Northville, and I took a PBT, which was lower than the test I took at the station, what does this mean?
Answer: Well by law, a PBT test is not admissible expect for three unique situations in Michigan. PBT's are generally not reliable, because they aren't calibrated/tested as often as the machine at the police station. We can get into more detail during a meeting, but a PBT can be used by the defense or prosecution if certain situations arise. For example, if the prosecution tried to imply your PBT was higher than the DataMaster results, we could introduce the results to dispute that. What a lower PBT test means is your blood alcohol may have been rising. For example, you blow a 0.08 at the scene then a 0.09 at the police station; this means your number is rising, and can be quite useful in creating reasonable doubt about your BAC level while driving. Remember, it's your BAC while driving not while standing outside the squad car or back at the station. We will need to explore this more closely depending upon your results.
Question: This is my first DUI arrest in Michigan, and first time ever being in trouble. I'm charged with Operating While Intox in Northville, and I need to drive for work - will I lose my license?
Answer: Well, I'm sorry to hear about your legal troubles. As a first offender, you're certainly out of your elements, and you could benefit from a pro-active defense for your case. We can discuss what that means when we meet at my office, but for now let's focus on your license. The crime you're charged with now if convicted would take away your license for 30 days - no driving AT ALL! For 150 additional days you would be limited to driving on a restricted license for work, school, court and a few other exceptions. It may be possible to work toward a reduction in charges, which may give you a restricted license from the beginning with no total ban on driving. This will take a pro-active approach that shows a judge and prosecutor that you're indeed not someone they need to worry about out on the roads, and you should be given a second chance.
Question: I was pulled over this past weekend in Northville, and I took a PBT, which was lower than the test I took at the station, what does this mean?
Answer: Well by law, a PBT test is not admissible expect for three unique situations in Michigan. PBT's are generally not reliable, because they aren't calibrated/tested as often as the machine at the police station. We can get into more detail during a meeting, but a PBT can be used by the defense or prosecution if certain situations arise. For example, if the prosecution tried to imply your PBT was higher than the DataMaster results, we could introduce the results to dispute that. What a lower PBT test means is your blood alcohol may have been rising. For example, you blow a 0.08 at the scene then a 0.09 at the police station; this means your number is rising, and can be quite useful in creating reasonable doubt about your BAC level while driving. Remember, it's your BAC while driving not while standing outside the squad car or back at the station. We will need to explore this more closely depending upon your results.
Question: This is my first DUI arrest in Michigan, and first time ever being in trouble. I'm charged with Operating While Intox in Northville, and I need to drive for work - will I lose my license?
Answer: Well, I'm sorry to hear about your legal troubles. As a first offender, you're certainly out of your elements, and you could benefit from a pro-active defense for your case. We can discuss what that means when we meet at my office, but for now let's focus on your license. The crime you're charged with now if convicted would take away your license for 30 days - no driving AT ALL! For 150 additional days you would be limited to driving on a restricted license for work, school, court and a few other exceptions. It may be possible to work toward a reduction in charges, which may give you a restricted license from the beginning with no total ban on driving. This will take a pro-active approach that shows a judge and prosecutor that you're indeed not someone they need to worry about out on the roads, and you should be given a second chance.
