Criminal Legal Services Offers Aggressive Criminal Defense

Criminal Legal Services Offers Aggressive Criminal Defense

Don't Give Up Hope, Let Our Experienced Attorney Help You

Don't Give Up Hope, Let Our Experienced Attorney Help You

Having The Right Attorney Can Make All The Difference

Having The Right Attorney Can Make All The Difference

Check Out Our Affordable Rates And Payment Plans

Check Out Our Affordable Rates And Payment Plans

Premier Legal Experts Fighting To Protect Your Rights

Premier Legal Experts Fighting To Protect Your Rights

Operating While Intoxicated – OWI


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:

  1. Your ability to safely operate a motor vehicle has been substantially affected by drugs or alcohol.
  2. A bodily alcohol content (BAC) at or above 0.08
  3. 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

The Michigan Court of Appeals has recently issued a new opinion that will significantly affect OWI 3rd offenses, especially in Oakland County. The court in People v Pennebaker, interpreting the OWI statute ruled that the law required a mandatory 30 days in jail minimum,and a home tether was not sufficient to satisfy the statute. This decision will especially affect Oakland County cases whose work release program involves use of a tether.
The judge can no longer give the work release tether for the first 30 days in OWI felony cases. The decision is important to understand for any person have such a case in Oakland

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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.

 

 

 

 

 

Criminal Legal Services – Experienced Defense Attorneys

Criminal Legal Services, office located in Southfield, handle criminal cases in virtually every court throughout Oakland, Wayne, Macomb, Livingston and Washtinaw County. Every case is different; however, our attorneys have obtained outstanding results for their clients. The results speak for themselves and although we cannot promise the same outcome for every case, we can promise that a top criminal attorney who specializes in the crimes alleged will do everything they can to obtain the same quality of results. Any misdemeanor or felony carries the possibility of jail time; therefore, you must have the best attorney in the business handle your case. Having the right attorney can make all the difference.

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