If you recently received an underage drinking or driving while intoxicated charge after refusing a breath test or you are currently awaiting your trial and wondering what your next step should be, it is important that you examine all of your options before choosing the lawyer that is right for you.
The first thing to keep in mind is that refusing a breath test is not necessarily a bad thing. However, you need to be especially careful with the next steps that you decide to take. What you will want to do before thinking about anything else is to file a petition with at your local Secretary of State (SOS) office. As you are completing this step, you should be making sure that your lawyer is carrying out an investigation on both ends of the blood evidence (which is more than likely be in the possession of the police).
In order to have the best chance at achieving the result you desire, you need to start from the moment you were stopped, and think through each and every detail from that point on. Consider why the officer detained you and where the evidence came from. You will then want to turn to the evidence at the lab.
During this step, some questions to consider include whether or not they even have the right to analyze your blood and could contamination have been present during any step of the collection, handling, or analysis process.
In Michigan, there is no PhD level supervisor at the forensic sciences division of the Michigan State Police Lab. By promotiing under-qualified persons to step into positions where they have a high potential of becoming seriously dangerous, the forensic science personel often create issues when it comes to testifying on the witness stand. As a result, questions arise that relate as to whether or not evidence is being analyzed correctly among other questions.
With a lawyer who knows your situation and your case, these questions can be answered in your favor. When you are choosing a lawyer for an alcohol-related case, keep in mind the importance of the physiology as well as the analysis and the processes that they relate to can have on your case. Be sure that your MIP lawyer or DUI attorney is experienced in your situation.
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