Under Michigan law, if you are facing a dui charge the prosecutor will have a certain standard of proof they will have to meet in order to get a DUI conviction. In Michigan, a person can face several charges if they are busted for a dui charge. These charges carry very severe negative consequences. Because of this, you need to contact The Criminal Defense Law Center of West Michigan asap to help you fight your dui charge.
In Michigan, there are several different charges that may stem from a drunk or drugged driving arrest, which is why is it important to contact a Michigan DUI charge attorney. The specific dui charge offense that you will face will depend on the factors of your case. The more common charges include:
What Is The Standard of Proof For A DUI Charge?
If you do not have a trained legal mind, you may find it tough to determine how a dui charge is different from another. You need to remember the prosecutor will only charge you with something they feel they can prove in court beyond a reasonable doubt. Here is the criteria that a prosecutor must meet in order to get a conviction.
- In order for a person to be convicted of the crime OWI, a prosecutor or city attorney must show that the defendant was operating a vehicle. The local prosecutor or city attorney must also prove that you drove the vehicle while your blood alcohol level was at .08% or higher. When dealing with OWI cases, it doesn’t matter if you didn’t appear intoxicated or whether you have passed the field sobriety tests. All the state or city needs to do is show that your BAC was above .08% at the time you were driving and you can be found guilty. This theory is known as the “per se” theory.
- In order for the state or a city to prove you are guilty of operating while visibly impaired, the state or city needs to prove in court that your ability to operate a vehicle on a road safely was impaired because of drugs or alcohol. A person charged with OWVI can have a BAC under .08%. In legal circles, this is known as the common law theory.
- In order to be convicted of an OWPD or OWPCS charge, a charge that deals with illegal drugs, the proof the state or city needs to have is even lower. The only burden of proof the state needs to show is that a person was driving a vehicle, on a road, and while driving had any amount, even just a trace, of any illegal or controlled substance in their system. One of the biggest problems with this is that drugs like marijuana stay in your system for a long time. A person could smoke a joint a week ago and still show a trace of THC in their system.
If you are facing any dui charge, call Shawn today at 616-438-6719! The Call is free, will you be?
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