Legal Question in DUI Law in Michigan

MIP without breathalyzer

My boyfriend and I were pulled over in Michigan for racing with a friend. My boyfriend is 21 and passed all of the field sobriety tests with flying colors. They gave him a breathalyzer and he blew a .09, .01 over the legal limit. He was arrested for a OWI and the cop then came to my side of the car. He told me that I smelled like alcohol and asked if I had been drinking. I said no and gave him all of my information. He told me to get out of the car, so I did. He tried to give me a breathalyzer, but I told him that I could not do so until my lawyer was present. He said that he did not have enough time for that and just gave me a ticket for an MIP. He told me to drive my boyfriend's car to the parking lot close by and have a friend come and pick me up. The cop left before I had even parked the car. My question is if I should get a lawyer and can someone get an MIP without a breathalyzer or field sobriety test? There was no proof that I was actually under the influence or in possession of alcohol so I don't see how it would proceed in court.


Asked on 6/01/09, 1:31 am

2 Answers from Attorneys
James Schmier Law Office of James G. Schmier, PLLC

Re: MIP without breathalyzer

There is a recent court decision that may help you in your case. If you need help with this contact my office at 248.705.3742 or go to www.schmierlaw.com

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Answered on 6/01/09, 7:45 am
Timothy Klisz Klisz Law Office, PLLC

Re: MIP without breathalyzer

yes, you have a very good defense to your case if the facts add up like you report them here. I good lawyer can assist you in getting justice. Visit www.kliszlaw.com to discuss. Tim Klisz

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Answered on 6/01/09, 8:24 am


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