As many members of the public are aware and as all attorneys, prosecutors and judges know, getting a plea agreement which involves the dismissal of a drunk driving charge is virtually unheard of. Did we get it because we know someone in the right position and get the dismissal on that basis? No. Senior partner and trial attorney Randall Lewis achieved the dismissal through hard work, and by strategically showing to the prosecutor the evidentiary weaknesses in the case, and that the circumstances of our client’s life were such that justice and fairness militated in favor of a non-alcohol-related plea, despite the fact that the client had a prior drunk driving conviction on his record.

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The Client

Our client had a congenital physical impairment which interfered with his ability to communicate with the officer who pulled him over. Many attorneys, looking at the police report, would perhaps have missed the subtle signs that there was no real communication between the police officer and our client. Such attorneys may have thought, well, there was enough communication, our client probably understood the officer, so it’s not worth challenging. Such a conclusion would never have crossed Mr. Lewis’ mind. Why? Because LEWIS & DICKSTEIN attorneys never leave any stone unturned, and never stop being creative in attempting to save a client from a conviction.

The Evidence

The client in this case refused a breath test, and we argued that he did not understand the officer’s request to take one. To this day, we believe this to be true. Although LEWIS & DICKSTEIN attorneys are creative, we never make bad-faith arguments to a prosecutor. We value our reputation, and being respected by prosecutors and judges goes a long way in favorably resolving cases or getting them dismissed. We want to keep it that way because our clients are the ultimate beneficiaries of our superb reputation.

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Because of the misunderstanding about the breath test, the police obtained a search warrant for a blood draw, and the client’s blood alcohol level was determined to be over the legal limit of .08. However, for Mr. Lewis, this was just the beginning of his analysis of the case. For most defense attorneys, this would have been the end of the analysis. Mr. Lewis compared the times of the stop and how long it took to do the blood draw, and by sophisticated extrapolation determined that it was very plausible that the client’s blood alcohol level was below the legal limit at the time he was stopped. The prosecutor may very well have argued that the alcohol level must have been higher at the time of the driving, but Mr. Lewis pointed out that the client stated he had drunk his last drink shortly before driving, and that the alcohol probably had not risen over .08 by the time he was driving.

The Plea

Due to the never-say-die approach of LEWIS & DICKSTEIN partner Randall Lewis, as with all attorneys in the firm, a very positive resolution was negotiated. The client pleaded to two minor traffic offenses, was placed on 6 months non-reporting probation and given nominal fines and costs. This sentence is a world apart from the sentence the client would have been given if he had been convicted of a drinking and driving offense. He would have faced many hundreds of dollars in fines and costs, been on reporting probation for a year, had 4 or 6 points added to his license, been required to take alcohol safety classes and a MADD Victim Impact Panel, and been forced to submit to regular alcohol and drug screens.

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Among the Best OWI Defense Attorneys

If you face a drinking and driving charge, hire the firm that truly cares about you and your case, and will always go the extra mile to protect your future and your freedom. The dedicated, experienced and zealous defense attorneys at LEWIS & DICKSTEIN, P.L.L.C. have successfully represented thousands of clients on felony and misdemeanor charges in Oakland, Macomb, Wayne, Washtenaw, and Livingston Counties and throughout Michigan. We have a well-earned reputation for providing the highest quality defense and aggressive representation, while showing empathy and care for each client. Call us today at (248) 263-6800 or complete a Request for Assistance Form and we will contact you promptly.


We will find a way to help you and, most importantly,
we are not afraid to win!

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