Defending the refusal of a breath test at OWI Hearing's
Here are just a few examples of the hundreds of OWI charges related to breath tests from which we have successfully defended michigan residents and non-residents:
Breath Test Administered Without Reasonable Grounds Under OWI Law
In a breath test refusal hearing (Implied Consent hearing), the officer obtained a search warrant to draw the client's blood because he alleged the client refused to submit to the breath test that was offered. At the hearing, Attorney Awad determined that the officer who pulled over the client was a different officer than the one who arrested the client and offered the breath test. Attorney Awad proved that the officer requesting the breath test did not have reasonable grounds to believe the client committed an OWI offense, since the officer who made the initial stop did not cooperate in the arrest and was not present at the license hearing. As a result, the case was dismissed and the client's driving privileges were not suspended for the standard one year period.
OWI Lawyer Saves Clients Right to Drive
In a breath test refusal hearing (implied consent hearing), the police sought to take away the client's right to drive for a full year because of an alleged refusal to submit to the breath test. At the hearing, Attorney Awad thoroughly cross-examined the arresting officer who admitted that the search warrant to draw blood, ordinarily reserved for after a person refuses the test, was prepared well before the client had a right to try to contact an attorney, as he requested. Since the warrant was complete before the client had a chance to talk to a lawyer, Attorney Awad successfully argued that the refusal to submit to the breath test was reasonable. The hearing officer for the Secretary of State agreed and ruled in favor of the client, saving his right to drive.