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Bloomfield Hills Drunk Driving Lawyers

  • Becker Legal: A criminal accusation is a serious matter regardless of the crime alleged against an individual. If you or someone you love has been ticketed or arrested, it is urgent that legal advice is obtained immediately. Failure to have a ticket or arrest properly handled could result in the possibility of lost evidence, unnecessary fines, costs, a loss of your driversÕ license or even jail time. Conviction for any crime can result in life-changing consequences affecting your family and your ability to earn a living.
  • John Melton: In The News! - Michigan Passes new drunk driving laws: Detroit, MI. (January 9, 2007) - On January 3, 2007 Governor Granholm signed into law legislation that removes the 10 year Òlook backÓ period for all drunk driving offenses. Under prior law, a third offense would be considered a felony only if it occurred within a prior 10-year time period. With this new amendment a driver arrested for drunk driving with two prior offenses, regardless of their age, will face felony charges. Michigan DUI/OUIL/OWI/OWVI Penalties The legal limit for blood alcohol content in Michigan is .08 BAC. Michigan DUI Laws put into effect as of 9/30/03 place the penalties listed below for: Operating While Intoxicated (OWI); Operating While Visibly Impaired (OWVI); Operating Under the Influence of Schedule One Controlled Substances/Cocaine; or Allowing a Person to Operate while Intoxicated: The old Michigan OUIL/UBAC laws for the crime of Operating Under the Influence of Intoxicating Liquor (OUIL) are obsolete and replaced with the new MI OWI laws. The OWVI laws remain, but there is no longer a BAC threshold to prove OWVI. Operating While Intoxicated (OWI) - Under the Influence of alcoholic liquor, or .08 or greater93 days Fines: $100 - $500 Community Service 360 hours (45 days) May order ignition interlock during probation Discretionary Vehicle Immobilization Operating While Intoxicated (OWI)-Second (2nd) Offense Jail: 5 Days - 1 Year Fines: $200 - $1000 Community Service of not less than 30 days or not more than 90 days May order ignition interlock during probation Mandatory Vehicle Immobilization Operating While Intoxicated (OWI) - Third (3rd) Offense Prison: Not less than 1 Year or more than 5 years Probation with Jail not less than 30 days nor more than 1 year Fines: $500 - $5000 Community Service of not less than 60 days or not more than 180 days May order ignition interlock during probation Mandatory Vehicle Immobilization Allowing a Person to operate a motor vehicle while intoxicated or BAC of over .08. Jail: 93 days Fine: $100 - $500 Allowing a Person to operate a motor vehicle while intoxicated or BAC of over .08 that causes a death. Prison: Up to 5 years Fine: $1500 - $10,000 Allowing a Person to operate a motor vehicle while intoxicated or BAC of over .08 that causes serious injury. Prison: Up to 2 years Fine: $100 - $5000 Operating While Impaired (OWVI) No BAC Presumptions 93 days Fines: up to $300 Community Service 360 hours (45 days) Discretionary Vehicle Immobilization Operating While Impaired (OWVI)-Second (2nd) Offense Jail: 5 Days - 1 Year Fines: $200 - $1000 Community Service of not less than 30 days or not more than 90 days Mandatory Vehicle Immobilization Operating While Impaired (OWVI)-Second (3rd) Offense Prison: Not less than 1 Year or more than 5 years Probation with Jail not less than 30 days nor more than 1 year Fines: $500 - $5000 Community Service of not less than 60 days or not more than 180 days Mandatory Vehicle Immobilization OWI Causing Death Also included impaired and Schedule One drugs 15 Years Prison Fines: $2,500 - $10,000 Mandatory Vehicle Immobilization Change in Sentencing Guidelines OWI Causing Death of Police / Firefighter (violation of 257.653a) Also included impaired and Schedule One drugs 20 Years Prison Fines: $2,500 - $10,000 Mandatory Vehicle Immobilization Change in Sentencing Guidelines OWI Causing Serious Injury Also included impaired and Schedule One drugs 5 Years Fines: $1000 - $5000 Mandatory Vehicle Immobilization Operating Under the Influence of Intoxication Liquor (OUIL) By Minor (.02 BAC) Fines: $100 - $500 Community Service 360 hours (45 days) Child Endangerment Jail: 5 Days - 1 Year Fines: $200 - $1000 Community Service of not less than 30 days or not more than 90 days Mandatory Vehicle Immobilization Child Endangerment,-Second (2nd Offense) Prison: Not less than 1 Year or more than 5 years Probation with Jail not less than 30 days nor more than 1 year Fines: $500 - $5000 Community Service of not less than 60 days or not more than 180 days Mandatory Vehicle Immobilization Operating with Schedule One Controlled Substances and CocaineSame Penalty as OWI 93 days Fines: up to $300 Community Service 360 hours (45 days) Discretionary Vehicle Immobilization Operating with Schedule One Controlled Substances and Cocaine, Second (2nd) Offense Same Penalty as MI OWI, (2nd) Second Offense Jail: 5 Days - 1 Year Fines: $200 - $1000 Community Service of not less than 30 days or not more than 90 days Mandatory Vehicle Immobilization Operating with Schedule One Controlled Substances and Cocaine, Third (3rd) Offense Same Penalty as MI OWI (3rd) Third Offense Prison: Not less than 1 Year or more than 5 years Probation with Jail not less than 30 days nor more than 1 year Fines: $500 - $5000 Community Service of not less than 60 days or not more than 180 days Mandatory Vehicle Immobilization
  • James Burdick: Criminal law is the body of law that relates to so-called "public wrongs." Criminal law does not concern itself with disputes between individuals, but relates to offenses against the public order. The federal government, along with cities and states, define and prosecute people who commit crimes that range from minor traffic violations, to serious, violent offenses, like rape or murder. People who are charged with a crime are called defendants, and they are represented by criminal defense attorneys. The governmental body that pursues the charges against the defendant is represented by a lawyer called a prosecutor. If you find yourself charged with a crime, you need the legal counsel of an experienced criminal defense attorney, to protect your rights now, and in the future.
  • Brywa & Sobczak : Criminal Law--DUI and Traffic... ... includes the major traffic offenses of driving while intoxicated (DWI) (DUI) (OWI), reckless driving, speeding, operating after suspension, operating without insurance, and truck overweight matters. We can assure you that your driving privileges, your liberty and welfare are best placed with us when legal problems present themselves. If you have been charged with any type of driving violation-from the least serious to the most serious-you need expert representation.
  • Marshal Tauber: If you are facing misdemeanor or felony criminal charges for DUI or DWI, a violent crime, or drug use or possession, you need experienced and skilled representation. From the arrest, to the arraignment, and throughout the process, it is essential to know your constitutional rights and exercise all options afforded to you.
  • Paul J. Tafelski: Many people refer to drunk driving offenses by different terms. Whether called OUIL, UBAL, OWI, DWI, DUI or Impaired the letters all spell TROUBLE.
  • Patrick Barone: If it can be shown that the police did not have a proper cause to stop your vehicle, then the evidence collected after the stop might be thrown out. The legal standard is that the stop must be justified by probable cause or an articulable suspicion that criminal activity was afoot. Of course, notice of a violation of the traffic code, such as speeding or weaving, will provide a sufficient basis for the stop as well.
  • Larin & Leonard:
    • What are some ways that a driver can avoid a drinking and driving conviction?
      1. Acquittal by Judge and Jury.
      2. Dismissal by prosecutor, or city or township attorney.
      3. Submitting to alcohol education and rehabilitation then reduction to non-drinking offense after successful completion with permission of Court and prosecutor.
      4. Failure by police in granting to driver substantial constitutional rights to counsel or testing necessary to prove innocence resulting in dismissal.
      5. Taking advantage of police failure to maintain testing equipment as required by the State Administration Code for testing blood, urine or breath.
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