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Jackson Drunk Driving Lawyers

1. Brown Raduazo & Hilderley: Family Law Juvenile Law Elder Law Drinking and Driving Offenses Driver's License Restoration Property Tax and Appeals Business and Corporate Law Civil Litigation Estate Planning Probate Law Personal Injury Criminal Defense Civil Rights Municipal Law Employment Law Discrimination
2. Brandt & Dehncke: Q. What is a Preliminary Breath Test? A. A Preliminary Breath Test (PBT) is a breath test used by the arresting officer to determine someone's blood/alcohol level. A Preliminary Breath Test is not admissible at Trial. Q. If convicted of Operating While Intoxicated (OWI), will I go to jail? A. In most Michigan jurisdictions, District Court Judges do not put drivers in jail for a first drinking and driving offense. Most Judges look more toward substance abuse treatment as opposed to a jail sentence; however, if it is a second offense, there is, in most jurisdictions, the real possibility of jail time. If you have a prior alcohol offense within 7 years preceding the current offense, there is a mandatory 5 days to 1 year in jail with no less than 48 hours to be served consecutively. There is also an alternate sentence of 30 to 90 days of community service. A third alcohol related offense within 10 years can be charged as a felony in the State of Michigan. While the statute provides for imprisonment for 1 to 5 years with not less than 48 hours served consecutively, Defendants are sentenced within Michigan's Sentencing Guidelines. Q. How many points will I get for a drinking and driving offense? A. The Sectretary of State will now assign 6 points for a conviction for Operating While Intoxicated, or Operating a Vehicle with the Presence of a Schedule One Narcotic in your system. You will receive 4 points on your driving record if you are convicted of Impaired Driving, or if you are under the age of 21 with any bodily blood/alcohol content. Lastly, you can receive 2 points on your driving record for having an open alcohol container in your vehicle if you have alcohol in your system. Additionally, you may receive 2 points on your driving record if you refuse the Preliminary Breath Test (PBT) if you are under 21 years of age. Q. What will happen to my driver's license if convicted of Operating While Intoxicated or Operating with the Presence of Controlled Substances in my system? A. The Secretary of State will assess 6 points on your driver's license. Your driver's license will be suspended for 30 days and that will be followed by 150 days of restricted driving privileges. Lastly, you will receive from the Secretary of State a $1,000.00 driver responsibility fee for 2 consecutive years for Operating While Intoxicated. If you are convicted of Operating with the Presence of a Controlled Substance in your system, you will receive a $500.00 driver responsibility fee for 2 consecutive years. If you are convicted of Operating While Visibly Impaired, you will receive a restricted driver's license for 90 days, 180 days if you were impaired by a controlled substance. Your driver responsibility fee will be $500.00 for two consecutive years. Q. What would happen if I was convicted of an alcohol offense while driving and I am under the age of 21? A. For a first offense violation of the Zero Tolerance law, you would receive 4 points on your driving record and your driver's license would be restricted for 30 days. You would also receive a $500.00 driver responsibility fee for 2 consecutive years. If you receive a second offense Zero Tolerance violation, your driver's license will be suspended for 90 days and you will receive 4 points on your driving record. Further, you will receive a $500.00 driver responsibilty fee for 2 consecutive years.
3. Hurst, Dennis: Negligent Homicide, Murder, Manslaughter, and Drug Offenses. Assault and Battery, Larceny, Domestic Violence, Disorderly Conduct, Forgery, and OUIL/drunk driving cases. The firm also handles a wide of range of Traffic Violation cases, and frequently represents commercial truck drivers in cases involving vehicle violations.
4. Brandt & Dehncke: The best advice any criminal defense attorney can provide to their client is that, at no time should they ever undertake an interview with law enforcement officials without the presence of counsel.
   
   Criminal procedure in the State of Michigan usually is initiated by the arrest of a defendant. If that defendant is arrested on a felony charge, they are to be immediately brought before a District Court Judge or Magistrate for an arraignment. At this arraignment, the defendant is to be told what he or she is charged with, the maximum possible penalty and to have the arraigning Judge or Magistrate set a bond. The defendant is free at the arraignment to stand mute, enter a plea of not guilty or plead guilty. However, it is extremely rare for an arraigning District Court Judge or Magistrate to accept a defendant's plea of guilty to a felony charge at their arraignment. Rather, the case is typically set for a preliminary examination conference and preliminary examination.
   
   It is also during the arraignment that a defendant is told of their right to have an attorney. Given the consequences of possible prison sentence, it is imperative that a defendant immediately contact a competent criminal defense attorney to evaluate the charges against them. This contact should take place prior to the preliminary examination conference.
   
   A preliminary examination conference is a scheduled meeting whereby the defendant's attorney will meet with the prosecuting attorney to evaluate the merits of the case against the defendant and to see if the case can be resolved. Usually a competent criminal defense attorney will explore areas of possible plea agreements at this point. If the prosecuting attorney and defense counsel cannot reach an agreement, the case will then proceed to a preliminary examination.
5. Thomas Wilson: Michigan has tough drunk driving laws and penalties. Laws aimed at discouraging and punishing those who drink and then choose to operate a motor vehicle get stricter every year. Every person who operates a motor vehicle on a public road or highway impliedly consents to being tested for the presence of alcohol or drugs in their body. It is now also illegal to operate a watercraft or snowmobile after consuming alcohol or drugs.