Fulton, MI DUI and OWI Law Firms & Lawyers

Friend: Had you had anything to drink? It appears the police reached the conclusion that you were intoxicated by the smell of your breath, the beer cans, etc. However, you may be able to get the case dismissed, if you haven't waited too long. If that fails, you may be able to win in court based on the state's lack of evidence since the state does not have hard and fast evidence of your intoxication. They do have the Police's testimony and that may be, (and often is), enough.

You could be civilly liable if they could prove negligent entrustment (like boyfriend is drunk all the time; you gave boyfriend the keys to drive knowing he was drunk, etc.)

You should talk to an attorney in your area about the facts of your case. While there are reasonable explanations for the odor of alcohol due to your diabetes diagnosis, your refusal to provide a sample of your blood or breath under the implied consent statute makes your case very challenging. The refusal to provide a sample of your blood or breath is a violation in and of itself and may be defensible, the facts outlined below do not clarify possible defenses. Unfortunately, when you are facing refusal charges you need an attorney who handles both the DMV and the court side of your case, as losing at the DMV results in a one, or more, year suspension and even a Jury acquittal in court will not overturn the suspension. This means that a Public Defender, an attorney appointed by the court, cannot help you at the DMV.