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Dearborn Drunk Driving Lawyers

1. Doman, Laurence: DUI and Traffic Violations Traffic violations such as speeding, DWI / DUI, illegal lane usage, reckless driving, failure to yield, and following too closely can result in license suspensions and higher insurance rates. Depending on the violation and how it is resolved, you may be fined, referred to a special program, or sent to jail.
2. Archer, Kenney & Wilson: Criminal Defense and DUI: You or someone close to you may need a Michigan criminal attorney following an arrest for a drug violation, a parole issue, or another criminal offense.
3. Garner, Gary: Criminal and Family Law
4. Boulahanis, Gregory: Being arrested and accused of a DUI/OWI is a terribly stressful event. It can bring humiliation on the roadside, at the police precinct and in the courtroom. Without a driver's license, some people could lose their jobs. The threat of jail or a prison sentence raises concerns about personal safety, and conviction for crimes such as DUI/OWI can create a permanent criminal record that follows a person for the rest of his or her life.
5. Nichols & Eberth:

   Drunk Driving & DUI Law Multiple Offenses

   I have just been arrested for OUIL. My last conviction was over ten years ago. Can or will the judge look at this previous history for sentencing purposes? I had multiple convictions prior to that ten-year gap and quit drinking for ten years until the other night when I slipped and got caught. Most likely not, considering the OUIL conviction from over ten years ago. However, keep in mind that the convictions are considered from the date of sentencing until the date of charge.

   Drunk Drivers Cannot Register Vehicles

   A new Michigan law, which took effect on June 1, 2000, holds that those drivers with three or more alcohol-related convictions or four or more violations of a driver license suspension or revocation or denial will not be allowed to register a vehicle in his or her name. If such a person wants to purchase a vehicle, it will have to be titled in someone else's name. However, anyone who would allow such a bad driver to possess a vehicle that is titled to him or her would run a tremendous liability risk.

6. John Payne: ... quite often a criminal charge may simply be a situational occurrence - you were just in the wrong place at the wrong time.
7. John McWilliams: THE COPS SAY -- You don't need no lawyer with you, to tell us the truth! Give us your side of the story, so you can get out of here! Close your eyes and visualize what coud have happened, then tell us what you saw!! We just need your help, so we can close the file!! If you don't write down your side of the story, how are we goning to know that you're telling us the truth!! You must have been in a trance, when you did it!! We already have all the proof that need that shows you are guilty, so you might as well cooperate!! This is no big deal, this is just routine paperwork!! We are the only ones who can help you!! We'll call the Prosecusting Attorney to get you a good deal We will talk to the Judge on you behalf!! If you don't tell us your side of the sotry, how are we going to know that you're not guilty Have you ever heardÊof "lifetime probation"? You must have panicked!! You DNA, fingerprints, hair, foot prints, spit and blood are all over the crime scene!! Your friend/girl/buddy/relative have already told us that you both guys have done! It must have been an accident!! It must have happened during ruff sex!! The only way for us to help you is for you to tell us the truth, right now!! You must have been forced to do it!! You are not under arrest, why not talk to us? You must have snapped when you did it!! ÊHow are we going to tell the victim that we let you go, if you don't tell us your side of the story? You must have been coerced to do it!! Be "The MAN", tell us what happened!! You pass a police polygraph, you walk free!!
8. Frank Ford: If you have been charged with drunk driving, either as a misdemeanor or as a felony, you need the services of an attorney who practices primarily in the areas of drunk driving defense and related topics, so you know you are getting up to date, specialized representation, from an attorney who will dig deep for your defenses and fight hard for your rights. There is still a Constitution! Impaired Driving (OWVI, OWAI) In Michigan, Impaired Driving or "Operating a vehicle while Visibly Impaired due to the Consumption of Intoxicants" (OWVI) is a "lesser included offense" of drunk driving (OWI). Occasionally, a person may be charged with Impaired Driving from the start. People often assume that a plea to Impaired is the only option for a person charged with drunk driving, if they are even given that option. However, a plea to Impaired should be looked at as a last resort, after all other options have been fully explored. An experienced drunk driving defense lawyer can evaluate your case and determine what your options are. Only after a full analysis by an experienced drunk driving attorney should you even consider a plea to Impaired. Operating while Intoxicated by a Controlled Substance (OWICS, OWIN, OUID) Operating while Visibly Impaired by a Controlled Substance (OWVICS or OWVIN) Operating with the Presence of Drugs (OWPD) Driving while under the influence of drugs, even prescribed medications, carries the same types of penalties as drunk driving, and Impaired by drugs carries the same types of penalties as Impaired by alcohol. There are some differences, however. Blood or urine tests are used to try to convict you of such an offense. Different issues come up in such cases, and an experienced "OWI" attorney can find errors and inconsistencies in the procedures used to process your arrest, take your sample, and test it. Independent testing of samples is often advisable. It is technically a violation of law to simply operate a vehicle with the presence of certain drugs in your system, but never assume that they can make the charges hold up in court. Zero Tolerance (Jr. UBAL) If you are under 21, and you didn't blow high enough to be charged with Impaired, you will be charged with Zero Tolerance. A conviction for Zero Tolerance is not as bad as OWI or OWVI, but it still affects your driving record, and can count against you in the future. An experienced drunk driving defense attorney should be retained. Child Endangerment If a child under the age of sixteen was in your car when you were stopped for drunk driving, you can be charged with Child Endangerment. A Child Endangerment charge after a previous drinking and driving conviction will be charged as a felony. Retaining a lawyer who focuses on drunk driving cases is essential. PBT Refusal (Preliminary Breath Test Refusal) This charge is a Civil Infraction, so it is not as serious as a drunk driving charge, and it refers to the hand-held breath tester the police use on the road. Many people confuse the PBT with the breath test in the police station. In Michigan, you get charged with a violation of the law for not taking the PBT, and you do not get charged with a violation of law for not taking the test on the big machine in the station. Instead, not taking the test in the station leads to an administrative procedure called the Implied Consent Law. Implied Consent Refusal Suspension Hearings Driver License Appeal Division (DLAD, also called DAAD) If you did not take a breath test on the machine in the police station (officially called the BAC Datamaster, not the Breathalyzer) (or at the Sheriff's Department or Michigan State Police post), or if you tried to take one and they say you didn't, you should have a form that says "Request for Hearing" at the bottom. That form is usually attached to the Michigan Temporary Driving Permit. If you did not receive such a form, you should contact a drunk driving defense attorney immediately. You must fill out the Request for Hearing and mail it to the address in Lansing printed on the form within fourteen days of the date of the incident. If you do not, you will lose your driver's license for at least one year. An experienced defense attorney will assist you in properly filling out that form. Unfortunately, it is sometimes necessary for an attorney to draft a Request for Hearing from scratch, because the police fail to give the person the form. All four issues on the form should be examined by an attorney, to assist you in contesting the officer's allegation that you refused their test. There are operator refusals, machine refusals, and actual refusals. There are defenses that can be raised against all of them. Driver's License Restoration Hearings Driver License Appeal Division (DLAD, also called DAAD) If you have lost your license for multiple drunk driving convictions, your license is probably "revoked." This is different from being suspended, which is usually just a matter of waiting out the time and then getting your license back. With a revocation, your license is considered terminated. Unless it is a very old revocation, you have to go to the Secretary of State Driver License Appeal Division (DLAD) (also called Driver Assessment and Appeal Division, or DAAD) to try to get your license back. In almost all cases, you only get one try per year, so you'd better be well prepared for your hearing when you go to DLAD. An attorney who is well experienced in such hearings is crucial to your success. Don't go to DLAD unprepared! License Restoration Appeals to Circuit Court In very limited circumstances, a decision of the Driver License Appeal Division concerning an appeal of a revocation can be appealed to the Circuit Court. A first Implied Consent Refusal Suspension (in a seven year period) can be appealed to the Circuit Court on the basis of hardship for a restricted license. Sentencing Issues If you are ultimately convicted of a drinking and driving offense, you will be standing in front of a judge for sentencing. This is an area that even some experienced drunk driving defense attorneys overlook, but it is critical to the ultimate result of the prosecution and its effects on you. An attorney who is fully dedicated to serving you will vigorously speak on your behalf at your sentencing, if your case comes to that. Knowing you, is a vital part of knowing how to present you to the judge at sentencing. Your attorney, taking the time to get to know you and your admirable qualities, is part of what makes a sentencing presentation effective. Your attorney, vigorously presenting the information to the judge, then gives you the best chance for a fair and lenient sentence. Driving while License Suspended (DWLS) Driving while License Revoked (DWLR) If you have lost your license for some reason, and have been pulled over and charged with driving while suspended or revoked, you still should seek the services of a knowledgeable attorney. As with any traffic crime, there are statutory and constitutional issues that need to be examined in these cases. Did the officer have a legal justification to stop you in the first place? Probation Violations If you have been placed on probation, and now are being accused of violating your probation, you should have an experienced attorney representing you, to try to smooth out the situation, or, if appropriate, to vigorously defend against the allegation.
9. Christine Grand: There are two ways an individual who is arrested for Drunk Driving can be charged. They can be charged with a violation of a City Ordinance or they can be charged with violating state statutes. City Ordinances vary depending on the city and may actually conflict with the Motor Vehicle Code. Michigan has had some of the harshest Drunk Driving laws in the United States. This zero tolerance attitude is reflected in the recent and comprehensive amendments to the Drunk Driving laws that took effect on October 1, 1999. * Some of the most significant changes are the following... Treating ANY combination of three alcohol related offenses that occur with in 10 years as a Felony * License Revocation for 2 drinking and driving convictions of ANY type * New offense of endangering minor passengers while driver is driving drunk * Reimbursement by the offender of the expenses incurred by the Government * Drug and alcohol treatment is now required for second convictions * Prohibitions on repeat offenders from registering their vehicles * The Secretary of State's Office handles all licensing actions, removing them from the Courts DRUNK DRIVING, THE CRIME Michigan statutes prohibit the operation of a vehicle upon a highway or other place open to the public or generally accessible to motor vehicles, including parking lots, if the driver is under the influence of intoxicating liquor, drugs, or a combination of the two or has a blood alcohol content of .10 or higher. MCL 257.625. This is what is commonly referred to as OUIL or UBAL (Operating Under the Influence of Liquor or Unlawful Blood Alcohol Content). The 1st and 2nd convictions are Misdemeanors and the 3rd and any subsequent offenses that occur within 10 years are Felonies.