After just a few weeks the police can dispose of any videos of the Field Sobriety Test, the arrest, the after-arrest testing and any statements or requests the driver made at the time. A knowledgeable DUI defense lawyer knows that you may not be notified that you are being charged until long after these videos have been destroyed and will quickly take steps to prevent that evidence from being lost. Examination of those videos may show violations of your rights or mistakes in following the required testing procedures by the officer or technician which could be grounds for requesting a dismissal of the charge against you. They may also provide valuable information which I could use to defend you and your driving privileges.
A DUI (driving under the influence) or OWI (operating while intoxicated) arrest can start in a variety of ways. Perhaps it began with a traffic stop which proceeded to a Field Sobriety Test, which you were told you failed. Perhaps you were told you had one more opportunity to avoid an OWI arrest by taking a PBT (preliminary breath test). This simply involves breathing into a small hand-held device which has often been proven to show higher amounts of alcohol in the body than is truly the case. The penalty for refusing a PBT is a fine only. If you were arrested after the PBT, at the police station you were tested a second time using a larger device called a "Datamaster". The officer may have given you a traffic citation, but whether a citation was written up and given to you or not, you need to get the help of an experienced Farmington Hills criminal defense attorney, Daniel Hajji because the consequences of pleading guilty or being convicted of even the first misdemeanor offense are very serious. My staff and I have been serving clients in the Detroit metro area for many years.
Depending on whether this is a first offense or a subsequent offense the penalties will vary. These can range from zero or a few days of jail time with less than$1,500 in fines plus court costs, probation, license suspension, community service, and vehicle immobilization or an ignition interlock device to several years' imprisonment, long term revocation of driving privileges, seizure and sale of your vehicle, fines totaling several thousand dollars plus court costs. At the time of a first offense a driver may be told how minor the consequences will be for a guilty plea on a first offense. This is never true. Having any OWI or DUI conviction on your record can change the rest of your life.