Farmington Hills-Dearborn Heights Drunk Driving Lawyers

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Farmington Hills-Dearborn Heights Drunk Driving Lawyers

Neuman, Scott : If you have been arrested or charged with a crime, it is imperative that you exercise your right to an attorney. An attorney can give you specific advice concerning your particular situation, and having one is crucial at every stage of the legal process. As soon as you are charged with a crime, it is a lawyer's duty to aggressively advocate for you in order to secure your release. As the case progresses, an attorney prepares arguments to the court concerning the evidence or police procedure. Such arguments may result in the case being dismissed altogether. Furthermore, when it comes to making decisions about your case, you will look to your lawyer for the legal knowledge and experience necessary to make a proper evaluation. It is important to understand that the burden of proving any crime is solely the responsibility of the prosecutor. Each crime is made up of specific elements which a prosecutor is required by law to prove beyond a reasonable doubt. His or her failure to prove any of the elements beyond a reasonable doubt requires the return of a verdict of not guilty. A good attorney will analyze your case, focusing on the specific elements of the crime, in order to prepare a solid defense. The Right to Remain Silent Part of the Miranda warnings state that you have a right to remain silent, and anything you say can and will be used against you in a court of law. The emphasis in this warning is on the word will. Mr. Neuman has often found that the only evidence admissible against a client are those statements that the client made to the police prior to retaining him as an attorney. The best advice he can give you is to remain silent, even if you feel as though you need to discuss your situation with the police. First discuss your situation with an attorney, and he will advise you on the proper course of action.

Freedman & Freedman: Drunk Driving Don't Just Plead Guilty as Charged! Being charged with drunk driving is a terrifying event. A drunk driving conviction can result in imprisonment, the loss of your license, points on your driver record and increased insurance premiums. Losing your license or having to go to jail can effect your employment and your livelihood. Unfortunately, when faced with a drunk driving charge, many people just plead guilty as charged--completely unaware that there are other options. Or, they attempt to represent themselves to negotiate a plea agreement without an attorney. You can do that, but you shouldnÕt. Any drunk driving conviction becomes a prior offense for any future drunk driving arrests and recent legislation has enhanced the penalties for drunk driving violations including making a third drunk driving offense a felony in the State of Michigan. That is why it is crucial for a person charged with any drunk driving offense to have experienced legal representation!

Drunk Driving F.A.Q.

is drunk driving a misdemeanor or a felony?

It depends. For example, first (OWI 1) or second (OWI 2) drunk driving charges are generally considered misdemeanors. A third (OWI 3) or higher drunk driving charge is a felony. However, an OWI causing death or serious injury will almost always result in a felony.

so what are the various drunk driving charges?

Although often simply referred to as ÒDUIÓ or ÒDWIÓ by many, here are the categories and the Òproper namesÓ for the charges in Michigan for a first time drunk driving offense:

OWI (Operating While Intoxicated)	Misdemeanor
OWVI (Operating While Visibly Impaired)	Misdemeanor
OWI (Death/Injury)	Felony
UBAL/UBAC (Unlawful Bodily Alcohol Level/Content)	Misdemeanor
Zero Tolerance	Misdemeanor
Child Endangerment	Misdemeanor
Commercial Driver	Misdemeanor

can I get jail time if I am convicted of a first time offense?

Yes. It can and does happen. A first-time convicted offender also faces the possibility of:

up to 93 days in jail
up to a $500 fine
up to 2 years probation
up to 360 hours of community service
up to 6 points on a driverÕs license
up to 180 day with a suspended license, with a restricted license possible after 30 days
driverÕs responsibility fees up to $1000 year for 2 years

do I have any rights at the time I am pulled over?

Of course. You have the right to remain silent and the right to refuse field sobriety tests. You do not have to volunteer any incriminating information, however, never lie in the place of the truth. You can also refuse a preliminary breath test (PBT) although doing so will result in a civil infraction and fine (a misdemeanor if you are in a commercial vehicle). Remember to always be polite and respectful even if you are refusing to cooperate on any level.

will my case be dismissed if the police didnÕt read me my Miranda rights?

Not necessarily. It may possibly result in certain statements being suppressed under certain circumstances, however, the failure to advise you of your Miranda rights does not result in the automatic dismissal of the case against you.

can I refuse to take a Breathalyzer tests if the police ask for me to do so?

You should not do so. You must submit to a chemical breath test by law when properly requested by the police. If you refuse to do so, it will likely result in a one (1) year suspension of your driverÕs unless a limited set of exceptions apply.

why should I contact a lawyer at all if I am charged with drunk driving?

Several reasons. An experienced attorney knows the laws and will act as your advocate to solely defend your interests. Often, various pieces of important evidence, such as 911 audio tapes, police cruiser videotapes/dvds of your field sobriety tests, booking and/or breath testing, will be quickly ÒrecycledÓ or destroyed shortly after your arrest if you do not demand them to be preserved in a timely manner. This evidence may possibly provide the very core of your defense. It may also provide necessary proof that your version of events is accurate and that the officer is not being candid or truthful in their written or oral account of your arrest.

can I lose by driverÕs license if I am convicted of drunk driving?

If you are convicted of OWI 1, your license will automatically be suspended for 30 days and then restricted for the next 150 days thereafter. If you are convicted of OWVI (impaired), you license will be restricted for 90 days. If you are convicted of OWI 2, your license will be revoked for a minimum of 1 year and you must apply for reinstatement to obtain it back. For OWI 3, you will have your license revoked for 5 years and also must be apply for reinstatement.

what are driver responsibility fees?

Following a conviction, these are additional fees imposed by the Secretary of State designed to penalize or tax drivers. These fees are imposed by the State of Michigan and are above and beyond any fines and costs due and owing to the court. An OWI conviction will result in fees of $1000 per year for two (2) years. An OWVI conviction will result in a fees of $500 per year for two (2) years. If you donÕt pay the fines, the Secretary of State will suspend your license indefinitely.

Blumberg, Gary: America's criminal justice system, due not to its failings but to the large number of people accused of crimes, operates much like a "mill," "processing" thousands of people charged with criminal violations every day. Judges most often have several minutes to brief themselves on a case and hear attorney arguments. People facing criminal charges must determine if their attorney focuses on: 1) handling a large volume of cases through rapid-fire plea bargaining in the judge's chambers or 2) focusing on the client by first asking the question, "How can we win this case?" then setting out to achieve a full acquittal in court.
Timothy Ash: Even a first time DUI / drunk driving arrest in Michigan can have devastating effects, resulting in the suspension or revocation of your license as well as substantial financial penalties, increased insurance rates and even jail time. Simply being arrested for drunk driving, however, does not mean you are guilty.

Hajji, Daniel: Michigan Misdemeanor Crimes Misdemeanor offenses in Michigan range in severity from Driving While License Suspended (DWLS / DWLR / OWI /DUI), Domestic Violence, possession of marijuana, narcotics/controlled substance, assault and battery, domestic violence, property crimes and several other misdemeanor crimes. Misdemeanor crimes are less serious than felonies only because most can subject you to the county jail. Nevertheless, a misdemeanor conviction on your record can still have serious and continuation consequences. A misdemeanor has a possible sentence of less than 1 year in the county jail but most misdemeanor convictions carry up to 93-days in jail with fines and costs, and sometimes can lead to additional costs such as, probation oversight fees, responsibility fees, drug/alcohol testing fees, program fees and restitution to the victim. Effects of Misdemeanor Conviction The consequences of a misdemeanor conviction are serious. The fines, penalties, jail time, public embarrassment, effects on your present job or employment opportunities can be daunting and everlasting. Some misdemeanors can even result in automatic loss of your driverÕs license, increased auto insurance costs as well as denial of auto or life insurance. Michigan Criminal Defense Lawyer Daniel Hajji If you, a family member or friend, have been arrested for a misdemeanor crime, it is critical to promptly retain an experienced Michigan criminal defense attorney immediately. We represent Michigan citizens charged with misdemeanors to protect their rights and mitigate or prevent the effects that a misdemeanor charge can cause. Do not assume that your situation cannot be helped. We will fight from the beginning to the end of your case to get you the best possible outcome. Almost every Michigan Criminal Misdemeanor charge starts with 3 questions: 1. Is the evidence against you legal (in violation of your legal rights)? 2. Will the ProsecutorÕs evidence prove you guilty beyond a reasonable doubt? 3. Did the police follow the law and administrative rules or procedures? In order for these questions to be answered, a good criminal defense lawyer should demand to review police reports, patrol car and booking room video recordings, police dispatch audio recordings and any other material to prepare a defense. Please Note: If you simply go into Court and just take a plea without first obtaining evidence against you or properly evaluating your case for challengable issues of law and fact, you can be making a terrible mistake that can affect your future as well as your livelihood. You Are Not Guilty Just Because You Were Arrested Many people think that just because they were arrested, then theyÕll be automatically convicted of the charged crime. Not True. A good criminal defense attorney can put each piece of evidence to the test and weaken the prosecutorÕs case as much as possible. Knowing how to defend a criminal case involves considerable preparation, familiarity with the law and court rules, using effective legal strategies and knowing what motions to make and when. You need to hire a good criminal defense lawyer who will defend you throughout the entire process and not just tell you to plead guilty. The fact is that Misdemeanor convictions stay on your criminal record for life. You donÕt want to have regrets later and therefore, it is essential for you to hire the best attorney in Michigan you can afford. Most all cases can be defended in some manner. This is not to say that all defenses lead to a dismissal or even a substantial reduction in the charges, nor does it mean that every misdemeanor charge can be fought and won. However, you ought to explore the opportunity to make an informed decision, thus in making this decision is likely require the advice of an experienced and knowledgeable criminal defense lawyer.
Attorneys of Michigan: The Defense of most, if not all, Michigan DUI charge starts with basically 3 questions: 1. Is the evidence against you obtained in violation of your rights. 2. If so, will the evidence prove you guilty beyond a reasonable doubt to a Michigan jury? 3. Did the police follow the law, rules and administrative procedures in Michigan? In order for these questions to be answered, a good dui lawyer must gather such evidence in advance. Materials such as, police reports, police patrol car video recordings, booking room video CD, data master logs, police dispatch records, blood viles (if blood was taken) and other pertinent information required for your particular case. Especially, For felony third dui offense in michigan, getting this material before the preliminary exam is nescessary. The cost to get this material is usually is approximately $50 to $100 from the police department, Prosecutor, other governmental agency; however the value of having this information far exceeds the price. All of the questions above involve a thorough analysis of why you were stopped by the police. Some police officers use their infamous li[n]es, such as the "defendant was weaving, swerving or speeding" as the basis for stopping you ("the stop"). Though proper foundation of attack, the basis of the 'stop' can be challenged through police reports, video recordings of the patrol car and police dispatch audio recordings. If you simply go into Court without reviewing the evidence against you and other available information, you or your lawyer could be making a mistake that you may regret later. Once we file our attorney appearance, we demand this material immediately. Many people wrongly assume that because they had something to drink, and because they were arrested for a OWI/DUI, then theyÕre guilty. Wrong! It is not illegal to drink and drive in MI. The police officer may have formed incorrect opinions of your sobriety. Also, the scientific and administrative methods of testing your BAC (blood alcohol level) are not always accurate or properly administered. Our attorney can study all of the evidence against you and put each piece of evidence to the test to weaken the prosecutorÕs case as much as possible. One example is the breath or blood test which is more of an ÒobjectiveÓ measure of impairment, since it does not take the officerÕs perceptions into account. However, mistakes the officer makes when giving you the test, and errors or inaccuracies of the machine itself, can both lead to erroneous results. The other types of evidence are ÒsubjectiveÓ in nature, and do rely on the perceptions, memory, and opinions of the police officer. Because the police make mistakes - give you the wrong instructions, form false conclusions, and fail to accurately remember details.
Seifman & Guzall: If you have received a traffic ticket, including, but not limited to driving on a suspended license, we can help.
Schwartz, Steven: You walk into a lawyer's office looking for someone to defend you against drunk driving charges. Many lawyers will tell you they can get your charge reduced to impaired driving. What do you do? You walk out of that lawyer's office. Here's why: You want a DUI defense lawyer who will do more than look for an easy outcome. You want a lawyer who has your best interests in mind. That requires a thorough investigation of your case.
Williams, Todd: If you are like Mark and have been charged with drunk driving, you probably have heard a lot of the same things Ñ youÕll face large fines. YouÕll have a conviction on your record. YouÕll lose your driving privileges. Your car insurance will skyrocket. While these are all possibilities associated with an operating while intoxicated (OWI) charge, an experienced lawyer may be able to help you avoid these negative outcomes.
Arrested in Michigan?: Every individual charged with a crime is presumed innocent until proven guilty beyond a reasonable doubt. If you have been recently arrested and are reading this, you are not guilty. Get help now!
Schwartz, Steven: Alcohol & Drug Charges: * DUI * Marijuana Possession and Delivery * Cocaine Possession and Delivery * Ecstasy Possession and Delivery * Heroin Possession and Delivery * Minor in Possession White Collar Crimes: * Fraud * Embezzlement * Extortion * Computer Crimes * Racketeering Property Crimes: * Theft * Robbery * Burglary
Barry Resnik:

If you refuse a breathalyzer test, you will be cited and receive an administrative license suspension. You have 14 days to request a hearing to challenge the suspension.

* Administrative license suspensions

* Boating while intoxicated - drunk boating citations on Lake St. Claire and other area waters

* Snowmobiling while intoxicated - in northern Michigan and the Upper Peninsula (UP)

* Drunk driving incidents causing serious injury or death

* Underage drinking and driving

Schwartz Law Firm: Success in a criminal case can literally add years to your free time.
Thomas Loeb: Believe it or not, many people who are convicted of a crime and end up in prison were falsely accused. Although the American criminal justice system works in most cases, not all juries get things right, and the consequences can be tragic. An innocent party pays the price for something he or she did not do, while the guilty party roams free. The best way to avoid such an unjust result and ensure the proper outcome when faced with criminal accusations is to immediately seek counsel from the best criminal defense attorneys available. Skilled and knowledgeable defense lawyers know their way around the criminal justice system and can navigate through the complex procedures to ensure the fairest possible conclusion.
Lowell Friedman: Have you been arrested for a criminal activity? Any criminal arrest is serious and must be handled by a qualified attorney. A conviction can result in terrible consequences for years to come, such as jail time, loss of driving privileges, job termination, probation, plus severe financial penalties. What should you do if youÕve been arrested? Being arrested and becoming exposed to the criminal justice system can be an intimidating and troubling situation for anybody. When this happens, it makes sense to hire an experienced and qualified attorney to stand by your side and guide you through the legal system. When choosing an attorney, choose legal counsel that you can trust, who will work with you to positively resolve your legal situation.
Raymond Cassar: Evidence of a criminal defendant's prior crimes or convictions may be relevant in a proceeding for a subsequent offense. Notwithstanding the relevance of such evidence, the Federal Rules of Evidence (FRE) generally prohibits the use of evidence of prior crimes to prove the character of the person against whom it is introduced. Specifically, FRE 404(b) bars the admissibility of "evidence of other crimes, wrongs, or acts...in order to show action in conformity therewith."
Jeffrey Buehner: any people under criminal investigation make the mistake of thinking that the police will "go easy" on them if they cooperate. Do not make this mistake! A veteran detective knows how to get a suspect to 'voluntarily' waive his constitutional rights and provide damaging evidence against himself.
Barton Morris: There are many technical requirements for a valid investigation of a drunk driving charge. The Michigan Legislature continually tries to make tougher laws about drunk driving Therefore it is neccessary for a skilled lawyer to look carefully at each technical aspect of the case in order to make sure that the police follow the law and required procedures.
Raymond A. Cassar: CALL AN ATTORNEY THE NEXT DAY while the information is still fresh in your mind.
Daniel Moss: FAQ promised
Robert A. Mouradian: Consequences of a conviction of operating under the influence of liquor (OUIL) offense or unlawful bodily alcohol level (UBAL) offense under Michigan Law. AN OVERVIEW OF MICHIGAN DRUNK DRIVING LAWS Michigan anti-drunk driving laws require swift and sure action resulting in severe consequences for drunk drivers. Driving under the influence of, or while impaired by, alcohol or other drugs, or with a bodily alcohol content of .10 or more is illegal. Drivers with a bodily alcohol content of more than .07, but less than .10, are presumed to be impaired. Drivers with a bodily alcohol content of .10 or more are presumed to be under the influence. It is illegal for drivers under age 21 to operate a vehicle if they have any bodily alcohol content. In Michigan, it is also illegal for people under the legal drinking age of 21 to buy, possess, consume, or transport alcoholic beverages. Michigan's Tough Anti-Drunk Driving Laws: * Require your license to be surrendered and cut up (physically destroyed) at the time of arrest for drunk driving. * Require a mandatory 30-day driver license suspension for even a first conviction of OUIL/UBAC. * Require 48 hours to one year of consecutive jail time and/or 30 to 90 days of community service for a second conviction of drunk driving. * Include a 5-year felony for a conviction for drunk driving or driving while license suspended (DWLS) that causes a long-term incapacitating injury to another person. * Include a 15-year felony for a conviction for drunk driving or DWLS causing a death. * Eliminate hardship appeals for habitual drunk drivers. * If you are arrested a second time for any alcohol offense within 7 years, you are considered a repeat offender. * If you are convicted of a second drunk driving or third DWLS offense, your vehicle will be immobilized for 90 to 180 days. * If you are revoked for a third drunk driving conviction within 10 years or have 4 additional suspensions/revocations within 7 years resulting from driving while suspended/revoked, you will be denied vehicle registration of any vehicle in your name until you are re-licensed. If You Drink and Drive... * You may be stopped by a law enforcement officer. * You may be asked to take some sobriety tests including a Preliminary Breath Test (PBT) at the roadside to determine whether you are under the influence of alcohol. If you refuse to take the PBT, you will be charged with a civil infraction and fined up to $100 plus court costs. Persons under age 21 will also have two points added to their driving record. * If you are arrested, you will be required to take a chemical test to determine your bodily alcohol content or presence of another drug in your blood. Under Michigan's Implied Consent Law, you are considered to have given your consent to this test. If you refuse, six points will be added to your driving record and your license will be suspended for six months. If you have previously refused to take the test, six points will be added to your driving record and your license will be suspended for one year. * If you refuse to take the test under the Implied Consent Law, or if the test shows your bodily alcohol content is .10 or more, your driver license will be confiscated and cut up by the officer. * If you are arrested for a second drunk driving or third DWLS offense, your metal license plate will be confiscated. You Can Be Charged With: * Operating While Impaired (OWI), which means that because of alcohol or other drugs in your body, your ability to operate a motor vehicle was visibly impaired. * Operating Under the Influence of Liquor (OUIL), which means the alcohol in your body substantially affected your driving ability so that you could not operate a motor vehicle safely. * Operating Under the Influence of Drugs (OUID), which means that drugs in your body substantially affected your driving ability so that you could not operate a motor vehicle safely. * Operating With an Unlawful Bodily Alcohol Content (UBAC), which means at the time you were driving, your bodily alcohol content was .10 or more. This can be shown by a chemical test. * Under Age 21 Operating With Any Bodily Alcohol Content, which means having a bodily alcohol content of .02 to .07 or any presence of alcohol, other than that consumed at a generally recognized religious ceremony. You May Be Convicted: * If you are convicted of drunk or impaired driving, the court may order imprisonment, fines and costs, community service, alcohol treatment or education, vehicle forfeiture, immobilization, or a combination of these penalties. The source of this information is the Michigan Secretary of State. CRIMINAL PENALTIES AND LICENSING ACTIONS FOR OUIL, OUID, UBAC & OWI OUIL/OUID/UBAC OWI FIRST OFFENSE * $100 to $500 Fine and/or * Up to 93 Days Jail and/or * Up to 45 Days Community Service * Driver License suspension 6 mos (no Restricted License for first 30 days) * Possible immobilization up to 180 Days FIRST OFFENSE * Up to $300 Fine and/or * Up to 93 Days Jail and/or * Up to 45 Days Community Service * Driver License Restrictions 90 days * Possible immobilization up to 180 Days SECOND OFFENSE (or any prior drunk driving conviction within 7 years) * $200 to $1,000 Fine and * 5 Days to 1 Year Jail and/or * 30 to 90 Days Community Service * Driver License Revocation * License Plate Confiscation * Immobilization 90 to 180 days unless unless forfeited * Possible Vehicle Forfeiture SECOND OFFENSE (or any prior drunk driving conviction within 7 years) * $200 to $1,000 Fine and * 5 Days to 1 Year Jail and/or * 30 to 90 Days Community Service * Driver License Revocation * License Plate Confiscation * Immobilization 90 to 180 days unless unless forfeited * Possible Vehicle Forfeiture THIRD OFFENSE (or any 2 prior drunk driving conviction within 10 years) * $500 to $5,000 Fine AND either of the following: * 1-5 Years Prison OR Probation with 30 Days to 1 Year Jail AND 60-80 Days Community Service * Driver License Revocation - 5 Years * License Plate Confiscation * Registration Denial * Immobilization 1-3 Years * Possible Vehicle Forfeiture THIRD OFFENSE (or any 2 prior drunk driving conviction within 10 years) * $500 to $5,000 Fine AND either of the following: * 1-5 Years Prison OR Probation with 30 Days to 1 Year Jail AND 60-80 Days Community Service * Driver License Revocation - 5 Years * License Plate Confiscation * Registration Denial * Immobilization 1-3 Years * Possible Vehicle Forfeiture ACCIDENT CAUSING LONG-TERM INCAPACITATING INJURY (FELONY) FIRST OFFENSE * $1,000 to $5,000 Fine and/or * Up to 5 Years Prison * Driver License Revocation * License Plate Confiscation * Immobilization up to 180 days * Possible Vehicle Forfeiture ACCIDENT CAUSING DEATH (FELONY) FIRST OFFENSE * $2,500 to $10,000 Fine and/or * Up to 15 Years Prison * Driver License Revocation * License Plate Confiscation * Immobilization up to 180 days * Possible Vehicle Forfeiture The source of this information is the Michigan Secretary of State. If you have a question regarding a legal matter in the state of Michigan contact AAAA Legal Center by Phone or E-Mail MAIL US (E-Mail transmissions are not confidential) WHERE AND WHEN CAN I DRIVE WITH A RESTRICTED LICENSE? A person with a Restricted License for Drinking And Driving Offenses whose driving privileges have been suspended and who qualifies for restricted driving privileges is permitted to drive under one or more of the following circumstances: ** 1. In the course of the person's employment or occupation. 2. To and from any combination of the following: 1. The person's residence 2. The person's' work location 3. An alcohol or drug education or treatment program as ordered by the court 4. The court probation department 5. A court-ordered community service program 6. An education institution at which the person is enrolled as a student 7. A place of regularly occurring medical treatment for a serious condition for the person or a member of the person's household or immediate family. While driving with a restricted license, the person shall carry proof of his or her destination and the hours of any employment, class, or other reason for traveling and shall display that proof upon a peace officer's request ** Not all drivers whose licenses are suspended for drinking and driving offenses are allowed restricted driving privileges.
Scott Nueman: Drunk driving is a serious offense in the State of Michigan. Recent legislation has enhanced the penalties for drunk driving violations. This enhancement includes making a third drunk driving offense a felony in the State of Michigan. A felony conviction for a third drunk driving offense may land the defendant in prison. Consequently, it is imperative that for any drunk driving offense the defendant has experienced legal representation. Return to Michigan Drunk Driving Lawyers