Michigan Zero Tolerance

HOW I CAN HELP YOU WITH YOUR MINOR BLOOD ALCOHOL CONCENTRATION CASE

As a Michigan lawyer, I often am asked how I can help. Below you will find a general outline of some steps that may be taken in a minor blood alcohol concentration (BAC) case. Keep in mind that your Michigan zero tolerance case may require more or less steps than what is set out below as an example:

Prepare court documents:  For example, motions and briefs.

Evidence: Obtain any important information such as police reports and videos for your minor BAC case.

Strategy: Determine the best way to proceed so as to achieve the best possible outcome for your zero tolerance/minor BAC case. Important decisions need to be made on things like: pretrial/evidentiary hearings, witnesses and negotiation.

Negotiate:  When it is advantageous, negotiate a favorable plea.

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ZERO TOLERANCE DEFINED IN MICHIGAN

Zero tolerance applies to minors – those under 21 years of age. This law prohibits minors from driving with any alcohol in the body or having between .02 or .08 blood alcohol content. This is also commonly referred to as "driving under the influence."

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POSSIBLE PENALTIES FOR MINOR BAC

Depending upon whether it is a first or subsequent conviction, possible penalties are:

• Jail (No jail for first offense)
• Community Service
• Fines

Driver’s license penalties for minor BAC/driving under the influence are:

• Restriction or suspension of drivers license
• Points on your license

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MINOR BAC DEFENSES

Defenses may provide the basis for your case being reduced, dismissed or for an acquittal. Possible defenses to your minor BAC/driving under the influence case include:

- IMPROPER ARREST
The police must have probable cause to arrest.

- CHEMICAL TEST DEFICIENCY
The police may fail to follow proper procedure in the administration of any test or may fail to adequately maintain the device (such as a breathalyzer).  This may mean the device is unreliable or faulty.

- RELIGIOUS CEREMONY
If you consumed alcohol as part of a religious ceremony, this is a defense.

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LOCATIONS AND COURTS

As a southeast Michigan attorney, minor blood alcohol concentration/BAC issues (driving under the influence) can be handled in almost any location. Below is a partial list of the locations throughout southeast Michigan where I handle driving under the influence cases. If your city or court is not listed – no problem. I handle cases throughout Wayne, Oakland, Macomb, Washtenaw, Monroe and Livingston Counties. Call me for a free phone consultation.