Operating while intoxicated (OWI) is one of the more common criminal charges people in Michigan face. That does not mean it’s not serious — a conviction can do you a lot of harm. Aside from the financial consequences, you’ll have a criminal record that will follow you around for life.
It’s important to remember that a charge does not automatically end in a conviction. Here are three ways you might challenge a charge.
1. Challenge the stop
You need to think about why the police pulled you over. They can only legally do so if they have ‘reasonable suspicion’ that you are breaking the law.
Reasonable suspicion is a legal standard that requires officers to have something factual to pull you over, rather than just going on a hunch. Things that might qualify include seeing you driving erratically or noticing something illegal with your vehicle, such as a broken taillight.
2. Challenge the tests
Officers typically use tests to give them grounds to arrest someone for an OWI. This is because to make an arrest, they must show they had ‘probable cause.’ This means they have sufficient factual evidence that a reasonable person would believe a crime was, is being or is about to be committed. Test results can give them that.
Tests are not always accurate, though. Field sobriety tests, where they ask you to walk a line, etc, are particularly prone to subjective interpretation by officers. Chemical tests don’t suffer from this, but can turn out wrong due to poor implementation, poorly maintained equipment or the mixing up of samples afterward.
If you do find yourself facing an OWI charge, remember that experienced legal guidance can help you understand how best to respond.