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Elberta Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Elberta Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • Serving Elberta, MI and Benzie County, Michigan

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Ravi R. Gurumurthy
DUI/DWI Lawyer
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Commonly Asked DUI/DWI Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

I gave blood at the hospital and blew .000 at the station how can I be charged with a DWI?

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Answered by attorney Robert W. Eutsler (Unclaimed Profile)
DUI/DWI lawyer at Eutsler Law Firm
If officer had reasonable suspicion that you might be driving impaired, or probable cause that you committed a traffic violation, you can be stopped. If you showed signs of impairment, such as slurred speech and how you performed field sobriety tests, you can be arrested for DWI. A person can be legally intoxicated by prescribed drugs the same as by legally purchased alcohol. The breath test machine only tests for alcohol.
If officer had reasonable suspicion that you might be driving impaired, or probable cause that you committed a traffic violation, you can be stopped. If you showed signs of impairment, such as slurred speech and how you performed field sobriety tests, you can be arrested for DWI. A person can be legally intoxicated by prescribed drugs the same as by legally purchased alcohol. The breath test machine only tests for alcohol.
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If I was arrested for a DUI driving a vehicle, DUI Drugs, what is the best way to handle this?

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Answered by attorney Edward Jerome Blum (Unclaimed Profile)
DUI/DWI lawyer at Law Office of Edward J. Blum
Fight it. These cases are nearly impossible for the State to win at trial because of the science involved. The psychoactive metabolite in marijuana only stays in your system for a very short time after having smoked. If you are a regular smoker the test will show the inactive metabolite which can stay in your system for 45 days. This doesn't have any bearing on whether you are impaired. The state can't prove that you were impaired because of marijuana. It's their burden and they mostly can't reach their burden. Further, the cop that does the drug recognition evaluation (DRE) usually does it wrong and an expert can point out how wrong they are. For instance, the DRE cops are taught that one symptom of being under the influence of marijuana is a green coating on the tongue. This is ridiculous. Finally, there are studies which show that people under the influence of marijuana are not impaired. I know, for years you've heard people tell you they drive better when stoned. An defense expert can get those favorable studies in front of a jury.
Fight it. These cases are nearly impossible for the State to win at trial because of the science involved. The psychoactive metabolite in marijuana only stays in your system for a very short time after having smoked. If you are a regular smoker the test will show the inactive metabolite which can stay in your system for 45 days. This doesn't have any bearing on whether you are impaired. The state can't prove that you were impaired because of marijuana. It's their burden and they mostly can't reach their burden. Further, the cop that does the drug recognition evaluation (DRE) usually does it wrong and an expert can point out how wrong they are. For instance, the DRE cops are taught that one symptom of being under the influence of marijuana is a green coating on the tongue. This is ridiculous. Finally, there are studies which show that people under the influence of marijuana are not impaired. I know, for years you've heard people tell you they drive better when stoned. An defense expert can get those favorable studies in front of a jury.
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Is it easy to defend a .08 blood alcohol content? How?

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Answered by attorney John F Brennan (Unclaimed Profile)
DUI/DWI lawyer at Musilli Brennan Associates, PLLC
No, it will not be easy to defend this as, even if you could show that it .8 you were not impaired that level of alcohol in your blood is unlawful by statute. Therefore you could be found in not guilty of driving under the influence but guilty of driving with an unlawful blood alcohol level. Get yourself an attorney immediately.
No, it will not be easy to defend this as, even if you could show that it .8 you were not impaired that level of alcohol in your blood is unlawful by statute. Therefore you could be found in not guilty of driving under the influence but guilty of driving with an unlawful blood alcohol level. Get yourself an attorney immediately.
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