If you have been charged with an OWI – it is important to remember it does not mean you have been convicted; do not just plead guilty or give up hope. At Criminal Legal Services, our attorneys are experienced and specialize in defending OWI cases throughout Southeast Michigan.
Michigan Operating While Intoxicated – OWI / DUI / DWI
In Michigan there are 3 different violations of Operating While Intoxicated:
- Your ability to safely operate a motor vehicle has been substantially affected by drugs or alcohol.
- A bodily alcohol content (BAC) at or above 0.08
- High BAC or Super Drunk Law, having a bodily alcohol content (BAC) at or above 0.17 « Read More: Super Drunk Law»
Penalties
First Offense – Misdemeanor punishable by
Fine of $100 to $500 and one or both of the following
a) Up to 93 days in jail
b) Up to 360 hours of community service
Drivers’ licenses suspension for 30 days and restrictions for 150 days.
Vehicle immobilization.
Ignition interlock device
Driver Responsibility Fee of $1,000 for 2 consecutive years
Second Offense – Misdemeanor punishable by:
Fine of $200 to $1,000 and one or both of the following
a) 5 days to 1 year in jail
b) 30 to 90 days of community service
Drivers’ license revocation for 1 year (5 years for prior conviction within 7 years)
License plate confiscation
Vehicle immobilization – unless forfeited
Possible vehicle forfeiture
6 points added to driving record
Third Offense – Felony punishable by:
Fine of $500 to $5,000 and either of the following
a) 1 to 5 years imprisonment
b) Probation with 30 days to 1 year in county jail
60 to 180 days of community services
Drivers’ license revocation and denial
License plate confiscated
Possible vehicle forfeiture
Vehicle registration denial
6 points added to driving record
Operating While Intoxicated – OWI / DUI Defenses
The potential penalties for a conviction, even if it’s a first offense, can be extremely serious. Having the right attorney can make all the difference; and our attorneys have obtained outstanding results for our clients. There are a number of legal defenses and ways to defend DUI charges; it is even possible to defeat a DUI case.
Some think the deck is stacked against them in a DUI case. However, there are a number of legal defenses and it’s even possible to defeat a DUI case. Some of these defenses include:
- No Probable Cause for the Stop – The easiest way to defeat a drunk driving case is if there was no probable cause for the initial stop. A police officer cannot stop you for no reason or just because it’s late at night; the officer must have probable cause for the stop. If there was an insufficient basis for a stop, everything that happened after the stop is inadmissible. Thus, if there was no valid stop, there is no valid case. A case involving an invalid stop will be dismissed altogether.
- PBT Inadmissible – It must be noted that the PBT test or breath test when it was given at your car, or it is inadmissible at trial. Therefore, if that test was over a .08, but there is no subsequent test over .08, your case could be won at trial.
- You Chemical Test rights were Not Read – If the police officer fails to read you your chemical test rights, then the BAC (bodily alcohol content) result can be excluded from the evidence.
- Machine was Faulty or Inaccurate – Datamaster machines are not foolproof, mistakes are made and the machine does not always work properly, such can be a possible defense in your case.
Michigan MCL Section 257.625
Operating motor vehicle while intoxicated; operating motor vehicle when visibly impaired; penalties for causing death or serious impairment of a body function; operation of motor vehicle by person less than 21 years of age; requirements; controlled substances; costs; enhanced sentence; guilty plea or nolo contendere; establishment of prior conviction; special verdict; public record; burden of proving religious service or ceremony; ignition interlock device; “prior conviction” defined.
(1) A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person is operating while intoxicated. As used in this section, “operating while intoxicated” means any of the following: … Read More…
OWI – Child Endangerment
If you have charged with an OWI violation and at the time of the 0ffense had a child under the age of 16 as a passenger will be charged with child endangerment, in addition to the OWI charges.
It is also considered Child Endangerment when a person who is under 21 with a BAC of 0.02, who is operating a motor vehicle that has a passenger under 16 years old.
…Read More: Child Endangerment …
Experienced DUI Lawyer
Our attorneys specialize in defending Drunk Driving cases throughout Southeast Michigan and have obtained outstanding results for our clients. If you have been charged with a Drunk Driving offense contact us today for a free consultation with an experienced DUI attorney. Having the right attorney can make all the difference.
Affordable Costs & Payment Plans
At Criminal Legal Services, we are committed to the belief that every individual is entitled to a top-rate DUI defense lawyer; and feels that costs should never prevent that. Accordingly, Criminal Legal Services offer affordable rates and payment plans to accommodate most any budget. Contact us today for a free consultation with an experienced DUI Lawyer.
Additional Information:
– PBT/ Breathalyzer Refusal
– Criminal Procedure
– Things to Know About Your Lawyer
– Contact Us
For a Free Consultation and to Schedule an Appointment with Our Top DUI Lawyer,
Please Contact Us At:
Phone: (248) 716-0087
Toll Free: (800) 716-6883
Email: CLS@CriminalLegalServices.com
Our DUI Lawyers offer Free Consultations and Can Be Reached 24 Hours a Day, 7 Days a Week.