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?
- Acquittal by Judge and Jury.
- Dismissal by prosecutor, or city or township attorney.
- Submitting
to alcohol education and rehabilitation then reduction to non-drinking
offense after successful completion with permission of Court and
prosecutor.
- Failure by police in granting to driver
substantial constitutional rights to counsel or testing necessary to
prove innocence resulting in dismissal.
- 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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