Michigan Drunk Driving Lawyer
The most experienced and skilled criminal defense lawyers consistently get better results than bargain, multi-practice, and general practice attorneys.
Your future and liberty are too important to take chances.
Suppose the police charged you with driving under the influence in Oakland County, Wayne County, or Macomb County, then you need a top Michigan drunk driving lawyer immediately. Alcohol or drug-related driving charges are serious, and a conviction will have serious consequences. In addition to the possibility of jail and years of probation, an OWI or DUI conviction can impact your employability, professional license, custody of your children, immigration status, and more. Other than a first offense OWI, these offenses can never be expunged and will be on your record for the rest of your life. When there is no room for errors and the stakes are high, you need a highly experienced and successful drunk driving attorney to protect and defend you.
Summary of OWI Laws in Michigan
In Michigan, Operating While Intoxicated (OWI) is a serious offense with severe penalties upon conviction. The legal limit for blood alcohol concentration (BAC) for drivers 21 and older is 0.08 percent, and for commercial drivers, it is 0.04 percent. There is a zero-tolerance policy for any detectable quantity of alcohol in the systems of drivers under the age of 21.
In Michigan, the penalties for OWI can vary depending on the number of prior convictions and the degree of impairment at the time of arrest. A first-time offender could face up to 93 days in jail, fines of up to $500, and a six-month driver’s license suspension. For a second offense, the penalties increase considerably, with a potential one-year jail sentence, a $1,000 fine, and a one-year license suspension.
A third or subsequent offense may result in felony charges, imprisonment for up to five years, sanctions of up to $5,000, and license suspension for up to five years. In addition to these penalties, the judge may also order the defendant to participate in alcohol education or treatment programs, perform community service, and install an ignition interlock device on their vehicle.
In Michigan, the prosecutor will increase OWI penalties if the offender causes an accident that results in injury or death, has a high BAC level, or refuses to take a chemical test. OWI is a severe offense with potentially long-lasting repercussions, so it is essential to understand the potential penalties and seek legal counsel if charged.
Fight Every Case – Never Plead Guilty to OWI Without a Fight
You might think you do not need a Michigan drunk driving lawyer because you plan on just pleading guilty. You could not be more wrong to plead guilty without a fight. A good lawyer will help you in a lot of ways. First, they can look through everything that happened from a procedure perspective. If the police officer who arrested you did something wrong, you might be able to get out of the charge. Even if the evidence against you is overwhelming and there is no legal defense, a good, savvy lawyer might be able to negotiate a lower charge or more lenient sentence than would usually be available. There are no second chances; if a conviction or harsh sentence would cause problems, you should hire a lawyer who will do whatever it takes to get you the best possible result.
Defenses to OWI Charges in Michigan
Although many lawyers handle OWI cases, few Michigan drunk driving lawyers have the skill and experience to advance the most sophisticated defenses and effective strategies credibly. The defense to an OWI or DUI case can be factual, legal, constitutional, medical, or scientific. When hiring a lawyer, remember that you do not want to look back at your case in hindsight and think you should have hired a better lawyer. There are no second bites at the apple in OWI defense.
Michigan Drunk Driving Lawyer – Frequently Asked Questions
How much does a DUI lawyer cost in Michigan?
Attorney fees for a typical first-offense misdemeanor OWI / OUIL / UBAL / DUI start at around $1,000.00 and range to $25,000.00 or more. Michigan’s typical DUI legal fees range from $5,000 to $7,500.00. An attorney’s fee should be reasonable and affordable, yet commensurate with their level of experience and track record of results.
Do I need a lawyer for a DUI in Michigan?
If you’ve been charged with driving while intoxicated (or OWI), you should speak with an expert criminal defense lawyer as soon as possible. In addition to the possibility of jail and probation, there are significant indirect consequences of a DUI conviction, such as loss of driving privileges, academic sanctions, loss of professional privileges or licensing, damaged reputation, immigration consequences, and child custody issues.
Should I get a lawyer for my first DUI in Michigan?
Although the consequences of receiving a DUI for the first time are often less severe than for a repeat offense, a first-time conviction can still result in jail in many courts. A conviction can trigger immigration consequences, like deportation or inadmissibility, removal from professional schools (like nursing or law school), suspension of a professional license, and more. If you face first-offense OWI charges, it is vital that you work with a qualified, experienced defense attorney.
Can you fight a DUI in Michigan?
A savvy OWI defense lawyer can use inaccurate BAC breath or blood tests, police errors, constitutional violations, medical conditions, and arrest-specific OWI defenses to defend a pending accusation. An aggressive, credible defense is the best approach for seeking the dismissal of charges or an extraordinary plea bargain.
How much is a first offense DUI in Michigan?
The fines, costs, and fees ordered by the court in a first-offense DUI range from $800 to $2,000.00, depending on the judge.
Will I go to jail for my first DUI in Michigan?
In Michigan, first offense DUI or OWI is a misdemeanor and is punishable by up to 93 days in jail. However, a minimum jail sentence for a first DUI or OWI is not mandatory. Although most judges do not routinely impose jail, others are known for ordering incarceration in first-offender cases. Factors judges consider include:
- compliance with bond,
- prior convictions (other than for OWI or DUI),
- alcohol or drug history,
- employment,
- family history and responsibilities,
- education,
- proactive rehabilitation measures, etc.
Can DUI be expunged in Michigan?
Under certain circumstances, first-time operating while intoxicated convictions can now be set aside (expunged) as of February 19th, 2022. A first-time operating while intoxicated conviction requires a 5-year waiting period before a judge can set it aside or remove it from your record.
How long is probation for DUI in Michigan?
A judge can order a person convicted of DUI first offense to serve up to two (2) years of probation. Probation terms of one year or more are standard.
What happens with a first-time DUI in Michigan?
A first-offense DUI can result in up to 93 days in jail, two (2) years probation, $500 in fines, approximately $1,000 in costs and fees, a suspension or restriction of your Michigan driver’s license, and in some cases, the installation of an ignition interlock device in your car.
Do you lose your license for a first DUI in Michigan?
A first-offense OWI (driving while intoxicated), after plea negotiations, usually carries driver’s license restrictions and the possibility of jail time or community service. Without a reduction in the charge, the Michigan Department of State will order a suspension of driving privileges.
What happens if I plead not guilty to drink driving?
If you enter a not guilty plea, the judge will schedule your case for trial, and you will have to return to court later. The delay allows both sides to prepare their arguments and the evidence they will present at a bench or jury trial, such as expert witnesses, to testify in court.
What is the best defense for DUI?
The five most common defenses to OWI charges are:
- Illegal Search and Seizure / Illegal Stop of the Vehicle,
- Non-Compliance with Administrative Rules,
- Breath or Blood Alcohol Content Inaccuracies,
- Lack of Evidence of “Operation” of the Vehicle, and
- Insufficient Corroborative Evidence of Intoxication or Impairment
How long do the police have to charge you with a DUI in Michigan?
The statute of limitations for OWI and DUI is six (6) years; however, you have due process rights and a right to a speedy trial that can force the government to bring charges much sooner.
How long does a DUI stay on your record?
A second or subsequent Michigan DUI stays on your record indefinitely unless you get the conviction expunged. Someone convicted of one DUI can seek a first offense OWI expungement. Most Michigan misdemeanors are automatically expunged, but not OWI/DUI convictions.
What is the difference between OWI and DUI in Michigan?
There is no difference in Michigan between an OWI and a DUI. Technically, no Michigan offense is called “DUI” or “Driving Under the Influence.” The Michigan acronym or charge is OWI or Operating While Intoxicated. Judges, prosecutors, attorneys, and private citizens frequently interchange the terms.
How many points is a DUI in Michigan?
An OWI carries six (6) points. A lesser charge of OWVI, or Operating While Visibly Impaired, results in four (4) points.
What is a first offense super drunk in Michigan?
In 2010, Michigan changed its drunk driving statutes under MCL 257.625(1)(c) to create a “Super Drunk” law, which increases penalties for anyone convicted of driving with a blood alcohol content (BAC) of.17 or higher.
How much is the bond for OWI in Michigan?
There is no predetermined bond for OWI cases in Michigan. The judge or magistrate will consider several factors before determining the bond amount at arraignment. In most first-offense cases, the bond ranges from personal to $500.00.
Is a first offense of drunk driving a misdemeanor in Michigan?
A first offense OWI is a misdemeanor punishable by up to 93 days in jail. The charge can be more serious if there is a severe injury, death, or high BAC.
Can you get off OWI probation early in Michigan?
It is possible to file a motion for early discharge from OWI probation. It is best to have experienced legal counsel request early probation termination because judges frequently hesitate to grant relief in these cases.
What is lower than an OWI in Michigan?
OWVI is a lesser offense than OWI. OWVI, or Operating While Visibly Impaired, carries the same maximum jail and probation sentence; however, the license restrictions, fines, and points are less severe.
What happens if you refuse a breathalyzer in Michigan?
If you refuse a police officer’s request for a breathalyzer or blood test, you will lose your driver’s license for one year, called an Implied Consent Suspension. If your license is suspended under Michigan’s Implied Consent Law, you can appeal to a Circuit Court for a hardship license.
Can you refuse to do field sobriety tests in Michigan?
To assess if a driver is intoxicated, police officers in Michigan frequently use one or more field sobriety tests. Field sobriety tests are entirely optional. You are not required to do any of these field sobriety tests.
Michigan Drunk Driving Lawyers That Fight to Win
The bottom line is that whether you were driving anywhere in Michigan, including Oakland County, Wayne County, or Macomb County, you will not find a better Michigan drunk driving lawyer than the highly experienced, skilled drunk driving defense lawyers at LEWIS & DICKSTEIN, P.L.L.C. We will do everything we can to help you win your case! Call us for a free, confidential consultation today.
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.
We will find a way to help you.
We Are Not Afraid to Win!
