If you have been charged with a OWID 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 OWID cases throughout Southeast Michigan.
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 OWID charges; it is even possible to defeat a OWID case.
Some think the deck is stacked against them in a OWID case. However, there are a number of legal defenses and it’s even possible to defeat a OWID 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.
Operating with Presence of a Schedule 1 Drug or Cocaine – OWID
If even the smallest trace of drugs are in your body, you can be charged with an OWID offense, even if you do not appear to be intoxicated or impaired. Determined through a chemical test.
Penalties
First Offense
- $100 to $500 fine and one or both of the following:
- Up to 93 days in jail.
- Up to 360 hours of community service.
- Driver’s license suspension for 30 days and license restrictions for 150 days.
- Vehicle immobilization.
- Ignition interlock.
- Six points added to driving record.
- Driver Responsibility Fee:
- $1,000- 2 consecutive years
Second Offense
- $200 to $1000 fine, and
- 5 days to 1 year in jail.
- 30 to 90 days of community service
- Driver’s license revocation for 1 year ( 5 years if there was a prior revocation within 7 years).
- License plate confiscation.
- Vehicle immobilization unless forfeited.
- Possible vehicle forfeiture.
- 6 points added to the offender’s driving record.
Third Offense
- $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
- License plate confiscation.
- Vehicle immobilization
- Possible vehicle forfeiture.
- Vehicle registration denial.
- 6 points added to the offender’s driving record.
Experienced OWID Defense Lawyer
Our attorneys specialize in defending OWID cases throughout Southeast Michigan; and have obtained outstanding results for our clients.
If you have been charges with a OWID offense, contact us today for a free consultation with an experienced OWID attorney.
Costs
At Criminal Legal Services, we are committed to the belief that every individual is entitled to a top-rate OWID 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 OWID 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 OWID Lawyer,
Please Contact Us At:
Phone: (248) 716-0087
Toll Free: (800) 716-6883
Email: CLS@CriminalLegalServices.com
Our OWID Lawyers offer Free Consultations and Can Be Reached 24 Hours a Day, 7 Days a Week.