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MICHIGAN DRUNK DRIVING

Many people arrested for drunk driving have never had any experience with Michigan's criminal justice system. Thoroughly analyzing your options requires the advice of an experienced Michigan drunk driving attorney.
We have the courtroom experience necessary to provide you with a clear understanding of your options.

Do not make the mistake of underestimating the seriousness of a drunk driving charge. There are potentially harsh consequences under Michigan's drunk driving laws even for first time offenders. A first offense drunk driving charge can result in up to 93 days in jail, loss and/or restriction of your license to drive, up to six points on your driving record, vehicle immobilization, community service, fines and court costs. Let our experience guide you through this difficult process.

Michigan's Drunk Driving Law

Michigan has two primary drunk driving charges:"Operating While Intoxicated" (OWI) and "Operating While Visibly Impaired" (OWVI).

The OWI law prohibits a person from operating a vehicle upon a highway or other place open to the public if the person is either

(1) under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance or

(2) has an alcohol content of .08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

The OWVI law prohibits a person from operating a vehicle upon a highway or other place open to the public when, due to the consumption of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance the persons ability to operated the vehicle is visibly impaired.

Effective Defense Strategies

Identifying the weaknesses in the State's case requires a thorough analysis of the circumstances surrounding an arrest. As a former Oakland County Prosecutor, Mr. Buehner knows first hand the potential problems which can arise in a drunk driving prosecution. Among the many issues we analyze are:

-Was the arrest constitutionally valid? What may appear to be a 'routine' drunk driving arrest could in fact be a violation of your constitutional rights.

-Are there factors other than alcohol use that could account for any alleged driving irregularities?

-Was the client properly informed of their Chemical Test Rights?

-Were statements taken from the client in violation of their Miranda rights?
-Are there factors other than alcohol use which could have influenced the clients performance on the field sobriety tests?
-Was the officer who operated the breath testing equipment properly qualified to operate the equipment?
-Was the breath testing equipment functioning properly?
-Were there any violations of the Administrative Rules for Breath Alcohol Tests?
-Could the breath test's results be influenced by medical or other external factors?
-Are there any inaccuracies in the arresting officer's report / citation which call into question the officer's credibility?

If there is a potential weakness in your case, we will find it.

Knowledge and Experience

We have appeared in courtrooms throughout Michigan. We know the policies and procedures of the Judges, Prosecutors and Probation Officers you will have to deal with. This knowledge and experience allows us to give our clients a clear picture of the possible risks and rewards associated with going to trial or arranging a plea agreement. As it has become increasingly difficult in many jurisdictions to obtain plea agreements, and in some courts, to avoid jail time, knowing the risks associated with your decision is key to making the right decision.

Know the Penalties

Before making a decision on whether to retain an attorney, you should know the penalties you are facing. Below is a general guide to the potential penalties under Michigan's current drunk driving laws and repeat offender laws. The chart does not include the more serious offenses relating to causing serious injury, death or death of emergency personnel. Please call us at (248) 865-9640 to arrange for an appointment to discuss these type of charges.

Operating While Intoxicated First Offense Misdemeanor Up to 93 days in jail $100 to $500 fine Up to 360 hours of community service 30 Day license suspension and 150 day license restriction Six points on driving record Court may immobilize vehicle up to 180 days	Operating While Impaired First Offense Misdemeanor Up to 93 days in jail $300 fine Up to 360 hours of community service 90 day license restriction Four points on driving record Court may immobilize vehicle up to 180 days
Second Offense (within 7 years) Misdemeanor From 5 days up to 1 year in jail $200 to $1,000 fine 30 to 90 days of community service Minimum one year license revocation License plate confiscation 90-180 days of vehicle immobilization unless the vehicle is forfeited Court may order vehicle forfeited	Second Offense (within 7 years) Misdemeanor From 5 days up to 1 year in jail $200 to $1,000 fine 30 to 90 days of community service Minimum one year license revocation License plate confiscation 90-180 days of vehicle immobilization unless the vehicle is forfeited Court may order vehicle forfeited
Third Offense (within 10 years) Felony From 30 days in jail up to 5 years in prison $500 to $5,000 fine 30 to 180 days of community service Minimum 5 year license revocation License plate confiscation 1 to 3 years of vehicle immobilization unless vehicle is forfeited Vehicle registration denial Court may order vehicle forfeited	Third Offense (within 10 years) Felony From 30 days in jail up to 5 years in prison $500 to $5,000 fine 30 to 180 days of community service Minimum 5 year license revocation License plate confiscation 1 to 3 years of vehicle immobilization unless vehicle is forfeited Vehicle registration denial Court may order vehicle forfeited

 

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