Man Charged With Michigan OWVI Avoids License SuspensionNov 13, 2015, by Case Results, Criminal Defense, Firearms Charges, OWI in
Not too long ago, the legal services of Davis Law Group PLLC were requested by a 30-year-old Eastpointe man after being pulled over for failing to properly signal. Our client, a security guard and Costco employee, had previously consumed a few alcoholic beverages and was asked to undergo standard field sobriety tests to determine whether this was an alcohol related matter.
Our client’s breath test indicated a .03 BAC, significantly under the legal Michigan limit of .08. Nevertheless, officers argued that this seemingly low alcohol level still impaired his driving skills. Police officers proceeded to charge him with the Michigan OWVI. The man was also carrying a firearm with a BAC of over .02, an illegal act in the state of Michigan.
The man had a prior OWVI and was looking at a license suspension, but was in no way prepared to lose his driving privileges with a newborn at home. Davis responded by filing a motion to suppress the evidence of his BAC results, producing a dismissal of the drunk driving charge. Our client pled to a reduced infraction and walked away with a minimal fine, avoiding a license suspension.
The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.