Under current Michigan law, an individual is considered to be driving while intoxicated when the person’s blood alcohol content (BAC) is .08 or above, or, driving under the influence of alcohol (visibly impaired driving) if their BAC is below .08. A first offense is a misdemeanor, punishable by a sentence of up to 93 days in jail. If an offender has a second alcohol-related driving offense within seven years of a prior such conviction, the person can be imprisoned for up to one year. Prior to January 3, 2007, if a person accumulated two or more alcohol-related offenses within ten years of one another, regardless of when during the ten-year period the previous convictions occurred, the person would be charged with a felony.
As of January 3, 2007, Michigan removed the ten-year limitation period for all alcohol-related driving offenses. A driver arrested for an alcohol-related driving offense that has two prior OWI, DUI or other alcohol or drug related driving convictions, regardless of when they occurred, will face felony charges. The penalties for a felony conviction can be severe and the statute requires mandatory, unavoidable jail time. You will want to retain an experienced Michigan drunk driving attorney.
Defense to Felony OWI, DUI, and OWPD
Prosecutors relentlessly prosecute felony OWI cases and judges routinely order long jail sentences, sometimes prison sentences, for these cases is widely known. What is not widely known is that there is a defense to these charges in many cases. Although there are hundreds of lawyers that routinely handle these highly complex cases, a precious few have the experience, knowledge and skill to find and make the most of a potential defense. Potential defenses in these cases can be based on laws, constitution principles, and scientific and medical evidence. A winning defense does not have to be one that results in a dismissal of all charges, the defense attorney will closely examine every bit of evidence to come up with even minor potential defenses. Although a defense may not be likely to result in an outright dismissal, it may increase the defendant’s bargaining position to achieve an extraordinary plea bargain or sentence agreement. If a lawyer either doesn’t take the time to go through the evidence meticulously and thoroughly, or does not know how to do so, the defendant may end up unnecessarily convicted and incarcerated. This is why someone charged with a felony should never trust their fate to the lowest bidding lawyer. Remember that you generally get what you pay for.
A Unique Team Approach to Defending Felony Intoxicated Driving Offenses
The LEWIS & DICKSTEIN law firm has a team of highly experienced and zealous defense lawyers and multiple paralegals with decades of experience defending alcohol and drug related driving charges. In many cases, a person will hire a solo practice lawyer and then be shocked to find out that there is some unknown lawyer representing them in court because his or her attorney was scheduled to be in more than one court and cannot make it to the hearing. This can be disastrous because the substitute lawyer will likely not have an extensive knowledge of the case or the potential defenses, he or she will be in a weak bargaining position, and because they weren’t paid on the case, they will not be as invested in achieving an optimum resolution. This would never happen with LEWIS & DICKSTEIN, P.L.L.C. because we have a team of attorneys that collaborate with one another on all of their cases and work with one another to achieve a synergy of maximum effectiveness. When you are represented by one lawyer in the firm, you are represented by all lawyers in the firm. It is better to have a team in your corner than one regular lawyer with no backup and someone without the ability to join forces with a team of experienced lawyers.
If you or a loved one is charged with an alcohol or drug related driving felony or misdemeanor offense in Michigan, please do not hesitate to call LEWIS & DICKSTEIN, P.L.L.C. at (248) 263-6800 for a free consultation or complete a Request for Assistance Form and an experienced Michigan drunk driving attorney will promptly contact you.