Michigan DUI Handbook
Open Intoxicants in a Motor Vehicle
Many times if you are facing a Michigan DUI charge, the investigating officers will have the right to search your vehicle after your arrest. This could lead to additional charges for having open intoxicants in your vehicle. They are misdemeanor charges and can be used as leverage by the prosecuting attorney to secure a plea to other charges. You may have defenses to this crime, especially if there were other people in the vehicle or there were issues with an illegal search.
Tell Us About Your Case
Locked Areas and Containers
There may be evidentiary issues with regard to how the police found open intoxicants in your vehicle. As a general rule, there is a Fourth Amendment exception to searches that are conducted as an incident of valid arrest. This certainly applies to motor vehicles as Michigan citizens have a lessened expectation of privacy when it comes to their automobiles. However, if the police opened locked areas like a trunk, glove compartment or other containers inside the vehicle, they may need independent probably cause to do so or they should have conducted an inventory search instead.
Open Intoxicant Charge Can Affect Your Underlying DUI Case
One of the dangers of a companion Open Intoxicants charge is that it can negatively affect the bargaining position with the prosecuting attorney and the jury if not handled properly. Therefore, this additional charge should be handled by a skilled Michigan DUI attorney. There is a possibility that a reduced plea could include a dismissal of the Open Intoxicants crime.
Another unintended consequence of this charge is that it could be used against you in your underlying DUI charge. The prosecuting attorneys may attempt to show that due to the fact that there were open bottles of liquor found in the vehicle that this could be circumstantial evidence of intoxication as well as impaired driving. Therefore it is very important to diffuse the importance of this evidence early in the case.
Free Michigan DUI Consultation
Get a risk free, no obligation review of your DUI case from an attorney that concentrates their practice on Michigan DUI defense.
During this free telephone consultation, you will find out the following:
- A detailed overview of the court process in your jurisdiction
- Exactly how much your DUI defense will cost
- Why our law firm is uniquely qualified to handle your DUI case
Call our Michigan DUI Hotline at (616) 502-1646
MIP Conviction No Big Deal?…Try Losing a $70,000 a Year Job!
There are still attorneys that do not take MIP cases seriously and provide an aggressive defense. There is also a misconception among young people that getting an MIP case in college is no big deal and will not have any affect on their future. This is simply dead...
Two Excessive Noise Warrants Questioned in Kalamazoo and Cases Dismissed!
If you have had the pleasure of being at a party that has had a visit by the police, you know that most of the time they will knock on the door and ask everyone to keep it down. This usually occurs after angry neighbors trying to get some sleep get fed up and call the...
MIP Convictions Beware…You Can Still Only Expunge ONE Conviction
MCL 780.621 Setting Aside Convictions Many lawyers cheered when the legislature changed the Expungment statute to allow for a person to have two convictions and still be eligible to set aside a conviction. However, many attorneys may have misinterpreted this statute...
Get In Touch
821 West Savidge St. Spring Lake, MI 49456