Marshall S. Tauber has successfully represented more than 3,000 individuals throughout Michigan charged with drinking and driving (OWI) or drugged driving (OUID) offenses, as well as other driving-related criminal charges and commercial vehicle violations. A conviction for drunken or drugged driving can result in thousands of dollars in fines, loss of your driver’s license, jail time, and various court sanctions. If you were charged with drunk or drugged driving, it is crucial to hire an attorney who will passionately advocate for rights and your freedom.
Skilled, Experienced Drunk and Drugged Driving Defense
If you were stopped and arrested for drunk or drugged driving, it is important to understand that you have the right to contest the charge in a court of law. An effective OWI/OUID defense attorney understands the various methods to challenge your impaired driving charges. These include, but are not limited to, the following:
Challenging the Validity of the Traffic Stop
When you are stopped for suspected drinking & driving, the officer may state that he or she believes that you were driving in an impaired manner. They may say that you were swerving, or crossed the lane, or sped up or slowed down, or otherwise drove erratically, but that does not necessarily mean that you were driving under the influence of alcohol or drugs, or that the arrest was valid. The officer must follow specific procedures, and if they are not followed, the arrest may be challenged. A successful challenge of results in a dismissal or a reduction of charges.
Challenging the Administration and/or Interpretation of the Field Sobriety Tests
Three standard field sobriety tests that are commonly administered are the horizontal gaze nystagmus, the one legged stand and the walk and turn. These tests have again and again been shown to be unreliable, inconsistent and subject to the administrator’s bias and interpretation. In fact, these tests have been administered to young, physically fit, healthy athletes – sober – and they have “failed” them. Many who are pulled over and asked to walk on gravely or grassy surfaces fail these tests, especially those with bad knees, backs and ankles.
Challenging the Preliminary Breath Test
The preliminary breath test is different than the Breathalyzer test. If you fail this test, the officer has generally established probable cause to charge you with drunk or drugged driving. But this can be challenged.
Challenging the Administration and Results of the Breath Analysis Test
In Michigan, the Datamaster DMT is the device that is used to analyze the driver’s blood alcohol content. The results the machine produces may be challenged for various reasons, including inaccuracy due to lack of calibration and inaccuracy in maintaining the records of inspection.
Attorney Marshall S. Tauber
Marshall Tauber has been the recipient of the coveted Martindale-Hubbell AV Preeminent Peer Rated Award eight years in a row, for the highest ethical standards and professional ability. He has also been named as a Michigan Super Lawyer from 2008-2018, another indication of credibility in the legal field. Attorney Tauber practices law to protect and preserve his clients’ legal rights and to provide them with high-quality services for a reasonable fee. If you were charged with a drunk or drugged driving charge, contact Attorney Tauber for a consultation. He serves clients throughout southeast Michigan, including: Oakland, Macomb, Monroe, Wayne, Washtenaw, Genessee & Livingston Counties.