Detroit Drunk Driving DUI Lawyer & Attorney
Serving Detroit, Metro Detroit and Southeastern Michigan
Call Today (248) 705-3742

Contact us at The Law Office of James G. Schmier, PLLC

Drunk Driving, the Stop, and Probable Cause

Did the police have probable cause to stop you in the first place?
James Schmier is an experienced Drunk Driving Lawyer who will examine the facts of your Drunk Driving DUI charge to determine whether there was probable cause to pull you over and make you perform Field Sobriety Tests, or a Preliminary Breath Test, whether the Preliminary Breath Test was administered properly and according to lawful procedure, and examine the Datamaster test results.

There must be Probable Cause before you are required to take a Preliminary Breath Test or a Datamaster Breath Test.

Although it can be difficult to throw out Preliminary Breath Test (PBT) or Datamaster Breath Test evidence, our office will carefully examine the facts of why the police stopped you. Under the 4th Amendment to the US Constitution and the Michigan Constitution, the police must have probable cause to pull you over in the first place, for instance a traffic violation. This may be something as insignificant as failing to use your turn signal or driving a few miles per hour over the limit.

Michigan Law and Breath Tests

Then, under current Michigan Law, if the police have a reasonable suspicion, they can briefly detain you and require you to perform Field Sobriety Tests (FST's). Our Supreme Court has ruled that if a Police Officer smells the odor of alcohol, he or she can briefly detain you and make you do these tests. There are only three FST's that are considered valid according to the National Highway Traffic Safety Administration manual and each test has its own set of guidelines. Our office will check to make sure these guidelines were followed.

Search and Seizure

In Michigan, a breath test or the taking of a blood sample are considered search and seizures and the Officer must have probable cause, not just a reasonable suspicion to administer them. Again, our office will carefully consider the results of the FST's to determine whether a breath test or blood test was proper under the law. And our office will also look at other facts in the police report to determine whether there was probable cause for the Police to conduct a search and seizure and whether the officer understands your rights.

Face it, when you consider the penalties that you may face if you get charged and convicted with drunk driving, you need an experienced, aggressive and competent Attorney who understands the laws, understands the tests that you will be given,

We may even be able to get your Drunk Driving DUI charge dismissed. Click here to read about Richard who was arrested for DUI-2, which would have resulted in heavy fines, driver responsibility fees, mandatory jail time and suspension of his driving privileges.

The Law Office of James G. Schmier, PLLC is a Criminal Defense, Drunk Driving DUI and Family Law and Divorce law firm and provides legal representation in Wayne County, Oakland County, Macomb County and throughout Michigan including these Michigan cities:

Macomb County

Armada
Centerline
Chesterfield Twp.
Clinton
Eastpointe
Fraser
Harrison
Lenox
Macomb
Memphis
Mt. Clemens
New Baltimore
New Haven
Richmond
Romeo
Roseville
St. Clair Shores
Sterling Heights
Shelby
Utica
Warren
Washington

St. Clair County

Port Huron
Capac
Saint Clair
Algonac
Keewahdin
Marine City
Emmett
Yale

Washtenaw County

Ann Arbor
Ypsilanti
Chelsea
Saline
Manchester
Milan
Dexter

Ingham County

Lansing
East Lansing
Williamston
Webberville
Stockbridge
Meridian Township
Danville

Oakland County

Auburn Hills
Addison Twp.
Berkley
Beverly Hills
Bingham Farms
Birmingham
Bloomfield
Bloomfield Hills
Brandon Twp.
Clarkston
Clawson
Commerce
Farmington
Farmington Hills
Ferndale
Franklin
Groveland
Hazel Park
Highland
Holly
Huntington Woods
Independence
Keego Harbor
Lake Angelus
Lake Orion
Lathrup Village
Lyon Twp.
Madison Heights
Milford
Novi
Novi Township
Oak Park
Oakland Township
Orchard Lake
Orion
Ortonville
Oxford
Pleasant Ridge
Pontiac
Rochester
Rochester Hills
Royal Oak
Southfield
South Lyon
Springfield
Sylvan Lake
Troy
Walled Lake
Waterford
West Bloomfield
White Lake
Wixom
Wolverine Lake

Wayne County

Allen Park
Belleville
Brownstown
Canton
Dearborn
Dearborn Heights
Detroit
Ecorse
Flat Rock
Garden City
Gibraltar
Grosse Isle
Grosse Pointe
Grosse Pointe Farms
Grosse Pointe Park
Grosse Pointe Woods
Hamtramck
Highland Park
Huron
Inkster
Lincoln Park
Livonia
Melvindale
Northville
Plymouth
Redford
River Rouge
Riverview
Rockwood
Romulus
Southgate
Sumpter
Taylor
Trenton
Van Buren
Wayne
Westland
Woodhaven
Wyandotte

Call for a No Cost Initial Consultation
The Law Office of James G. Schmier, PLLC
Criminal Defense, Drunk Driving DUI Defense and Family Law Divorce Attorney
(248) 705 3742