We handle a lot of drinking and driving cases at Ambrose Law Group. Dan owns and can operate a BAC Datamaster, the device officers use for a breathalyzer. He was selected to author a drunk driving defense trial skills video series and is considered by many to be one of the best drunk driving defense lawyers in Michigan. Some of the cases he’s won include
In this post we want to give you some answers to the questions we hear most
Should I do the roadside exercises?
That depends on how well think you will perform. If you do them well this can be helpful for you. If you have a reasonable officer, and you blew a .09/.08 you may be let go.
Do the police cars have video cameras?
Most do. Pay attention
Should I take the roadside breath test?
Yes. It is not admissible in court. If you are under the legal limit you will most likely be let go. If you refuse, you will probably be arrested.
Where can I buy the same portable breathalyzer that the police use?
www.streetsmartlaw.com The cost is around $450, which is cheap compared to an OWI
Should I take the breath test at the station?
YES! If you refuse it you will lose your license for one year.
How quickly does your blood alcohol level decrease?
The average rate of decline is .015 per hour
How accurate is the breathalizer?
About 83% of the time it is “pretty accurate”, If it’s administered correctly.
If I’m arrested how should I blow into the B.A.C. ?
Most cops will tell you to take a deep breath and blow as long and hard as you can. DON’T! The breathalizer only needs a 6 second blow to register. Blowing short will lower your result by at least a .02 and as much as a .04. To see the study go to www.streetsmartlaw.com
If the breath test at the station is under .08 will I be let go?
No, you will still be charged with an OWI. At court the prosecutor is likely to reduce your OWI to a minor traffic citation.
What is the penalty for a first offense?
It varies from court to court. Variables include whether there was an accident involved and blood alcohol level. Most are charges are reduced to operating while impaired. A typical sentence is 6-18 months probation, 20-50 hours community service, a victim impact panel, alcohol education counseling and a fine. The secretary of state will restrict your license for 90 days and you will pay a $500 “driver’s responsibilty” fee for the next two years.
If you are convicted of an OWI the fee is $1000, loss of license for 30 days and another 150 days of a restricted license.