If you have been charged with Operating While Visibly Impaired (OWVI)  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 in defending OWVI cases throughout Southeast Michigan.

Michigan OWVI Defense

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 OWVI case.

Operating While Visibly Impaired, may result in a drinking and driving conviction for having a BAC level that is below the 0.08 limit if a driver is impaired.

Some think the deck is stacked against them in a OWVI 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.

Operating While Visibly Impaired – OWVI

Operating While Visibly Impaired – OWVI is when your ability to operate a motor vehicle was visibly impaired due to alcohol or drugs.

Penalties

First Offense –

• Up to a $300 fine, and one or both of the following:
  • Up to 93 days in jail.
  • Up to 360 hours of community service.
• Driver’s license restrictions for 90 days (180 days if controlled substance).
• Vehicle immobilization.
• 4 points on driving record.
• Driver Responsibility Fee of $500 for 2 consecutive years

Second Offense -

• $200 to $1,000 fine, and one or both of the following:
  • 5 days to 1 year in jail.
  • 30 to 90 days of community service.
• Driver’s license revocation and denial for a minimum of 1 year
• License plate confiscation.
• Vehicle immobilization for 90 to 180 days
• Vehicle forfeiture.
• 4 points on driving record.
• Driver Responsibility Fee of $500 for 2 consecutive years.

Third Offense – Felony

• $500 to $5,000 fine, and either of the following:
  • 1 to 5 years imprisonment
  • Probation, with 30 days to 1 year in jail.
• 60 to 180 days community service.
• Driver’s license revocation and denial if there are 2 convictions within 7 years or 3 convictions within 10 years. The minimum period of revocation and denial is 1 year (minimum of 5 years if there was a prior revocation within 7 years).
• License plate confiscation.
• Vehicle immobilization for 1 to 3 years, unless the vehicle is forfeited.
• Possible vehicle forfeiture.
• Vehicle registration denial.
• 4 points added to the offender’s driving record.
• Driver Responsibility Fee of $500 for 2 consecutive years.

Experienced OWVI Lawyer

Our attorneys specialize in defending OWVI cases throughout Southeast Michigan; and have obtained outstanding results for our clients.

If you have been charges with a OWVI offense, contact us today for a free consultation with an experienced OWVI attorney.

Costs

At Criminal Legal Services, we are committed to the belief that every individual is entitled to a top-rate OWVI 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 OWVI 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 OWVI Lawyer,
Please Contact Us At:

Phone: (248) 716-0087
Toll Free: (800) 716-6883
Email: CLS@CriminalLegalServices.com

Our Lawyers offer Free Consultations and Can Be Reached 24 Hours a Day, 7 Days a Week.