There are always defenses in an OWI case. Every single one. The question is not whether defenses exist — it’s whether your attorney knows how to find them. The core defenses fall into four major categories:
• Was there probable cause for the stop?
• Was there probable cause for the arrest?
• Were the breath or blood testing instruments functioning properly?
• Are you simply innocent and the victim of over‑zealous police work?
1. Probable Cause for the Stop (Terry Stop)
A traffic stop must be based on a “reasonable, articulable suspicion” that criminal activity may be occurring. This comes from the United States Supreme Court case Terry v. Ohio, 392 U.S. 1 (1968). If the officer claims you were swerving, speeding, or ran a stop sign — but the dashcam video shows otherwise — the stop is illegal. When that happens, a motion to dismiss can be filed, and judges do dismiss cases when the evidence supports it.
2. Probable Cause for the Arrest (People v. Rizzo)
Even after a lawful stop, the officer must meet a second legal standard before investigating you for OWI. Under People v. Rizzo, 253 Mich App 151 (2000), the officer must have specific reasons to believe you may be intoxicated before ordering field sobriety tests or removing you from the vehicle. Signs like odor of alcohol, bloodshot eyes, or slurred speech are often exaggerated or misinterpreted. If the officer lacked proper grounds, the arrest can be challenged.
3. Breath and Blood Test Challenges
The DataMaster breath machine is not infallible. It malfunctions, it requires strict calibration, and it must be operated correctly. If there was a blood draw, the sample must be collected, stored, transported, and tested according to precise scientific standards. Breakdowns in the chain of custody, contamination, or lab errors can all lead to suppressed results.
4. Police Testimony and Human Error
OWI cases often hinge on the observations of a single officer. Officers make mistakes, misremember events, or overstate what they saw. Inconsistencies between the police report, video, and testimony can create reasonable doubt. Sometimes the officer did everything right — and sometimes they didn’t. A thorough attorney knows how to expose those weaknesses.
Why Experience Matters
When the evidence is flawed, a strong defense can lead to dismissal, suppression of key evidence, or a favorable outcome at trial. When the evidence is solid, you still need an attorney who understands the law, the science, and the courtroom — someone who can guide you to the best possible result.
