Dismissal of OWI Charges
LEWIS & DICKSTEIN, P.L.L.C. got another dismissal of an Operating While Intoxicated charge. Through fearless and zealous advocacy, it is possible to achieve a dismissal of OWI charges.
OWI – Child Endangerment in Oakland County
The allegation was that the client was OWI and had his 13-year-old son in the automobile. The charge was in Oakland County, Michigan. The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. took over a client’s representation on an OWI charge after two previous lawyers could not get the OWI charges dismissed. When the firm was retained, our lawyers promptly worked diligently and thoroughly reviewed the police reports, records, and recordings relative to the case. Few criminal defense lawyers have the skill, experience, and savvy necessary to credibly seek the dismissal of OWI charges.
When it was time for court, we were prepared to show the prosecuting attorney they could not convict our client of OWI. We helped the prosecutor understand why the field sobriety tests were not performed correctly and that he was probably not under the influence. Additionally, we were able to persuasively demonstrate that the officer involved in the stop did not accurately report the stop’s circumstances or his observations of our client. The prosecuting attorney agreed that a conviction was unlikely and dismissed the OWI charge against our client. Prosecutors very rarely authorize the dismissal of OWI charges in Michigan.
How to Get OWI Charges Dismissed
OWI charges are serious offenses and can lead to severe penalties, including fines, license suspension, and even jail time. However, in some cases, defense lawyers can get OWI charges dismissed. To achieve this, the lawyer must challenge the evidence presented against their client, argue for violating their client’s rights, or cast doubt on the prosecution’s case.
One of the most common defenses used to get OWI charges dismissed is challenging the accuracy of the breathalyzer or blood test results. Defense lawyers can argue that the equipment used to measure blood alcohol content was faulty or that the test was not administered correctly. They can also say that the test results were improperly preserved or handled, leading to contamination and inaccurate results.
Another way defense lawyers get OWI charges dismissed is by challenging the legality of the traffic stop or arrest. If the police officer lacked probable cause to stop the defendant or a valid reason to arrest them for OWI, the defense lawyer can argue that the charges should be dismissed. Additionally, if the defendant’s rights were violated during the arrest or booking process, such as being denied access to an attorney or being subject to an illegal search, the defense lawyer can argue that the charges should be dismissed on constitutional grounds.
Michigan Penalties for OWI Offenses
If convicted of an alcohol or drug-related driving charge, you may face any of the following penalties:
- OWI, 1st Offense – up to 93 days in jail, up to two years of probation, 360 hours (45 days) of community service, vehicle immobilization at the court’s discretion, and possible ignition interlock device during probation. Dismissal of OWI charges is rare; however, it is possible with the right set of facts and a fearless defense lawyer.
- OWI (or OWVI), 2nd Offense – a minimum of 5 days in jail and up to one year, up to 2 years of probation, minimum 30 days community service (maximum 90 days), possible ignition interlock device during probation, mandatory vehicle immobilization.
- OWI or (OWVI), 3rd Offense – up to five years in prison, or 30 days to one year in jail combined with up to 5 years of probation, minimum 60 days community service (maximum 180 days), possible ignition interlock device during probation, mandatory vehicle immobilization.
- OWVI, First Offense – up to 93 days in jail, up to two years of probation, 360 hours (45 days) of community service, and vehicle immobilization at the court’s discretion.
- OWI Causing Death – Maximum prison time of 15 years, fines of $10,000, 5 years of probation, mandatory vehicle immobilization. If a firefighter or police officer dies, the defendant might be sentenced to 20 years in prison.
- OWI Causing Serious Injury – Prison time of up to five years, up to five years of probation, mandatory vehicle immobilization. Dismissal of OWI charges involving death or serious bodily injury is a rarity; however, a strong defense can lead to reduced charges and, potentially, a sentence without jail or prison time.
What to look for in a defense attorney for alcohol or drug-related driving charges:
Choosing the right OWI defense attorney is critical to obtaining the best possible outcome for your case. Here are five factors to consider when selecting an OWI defense attorney:
- Experience and Specialization: Look for an attorney with extensive experience handling OWI cases. A seasoned attorney will deeply understand the law and know how to navigate the legal system. They will also have established relationships with prosecutors and judges, which can be beneficial in negotiating plea deals or securing reduced charges.
- Outstanding Reputation: An OWI defense attorney’s reputation can indicate their ability to handle your case. Look for an attorney with a solid reputation in the legal community, particularly in OWI defense. Check online reviews, testimonials, and professional ratings to understand the attorney’s standing in the legal community.
- Excellent Communication Skills: Communication is critical in any legal case, and OWI defense is no exception. Look for an attorney who communicates clearly and regularly with their clients. The attorney should be responsive to your questions and concerns and keep you informed of any developments in your case.
- Resources (It takes a team to win!): OWI defense requires access to expert witnesses, forensic specialists, and investigators. Look for an attorney with the resources to build a strong defense on your behalf. They should also have access to the latest legal technology to help them prepare and present their case effectively. By hiring a law firm with multiple criminal defense lawyers who cooperate and collaborate, a client ensures their defense has sufficient resources to provide a robust defense.
- Personalized approach: Every OWI case is unique, and the best defense strategy will depend on the specific circumstances of your case. Look for an attorney who takes a personalized approach to your case, taking the time to understand your situation and develop a defense strategy tailored to your needs. A personalized approach can help ensure that you receive the best possible outcome in your case.
When looking for an OWI defense attorney, it’s essential to consider the lawyer’s experience, reputation, communication skills, resources, and personalized approach. By taking the time to find the right attorney, you can give yourself the best possible chance of obtaining a favorable outcome in your case, such as the dismissal of OWI charges.
Aggressive, Effective, and Tenacious OWI Defense in Michigan
At LEWIS & DICKSTEIN, P.L.L.C., we approach every case as if it involves our own family. Successfully defending any criminal charge requires experience, knowledge, diligence, and tenacity. These qualities are embodied in the attorneys who make up the Defense Team with LEWIS & DICKSTEIN, P.L.L.C. Although the odds are stacked against the defendant in a DUI case, we do whatever is necessary to level the playing field and get our client every possible advantage in court. Our top priority in every case is seeking the dismissal of OWI charges.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.