Kalamazoo Drunk Driving Lawyers
- Hills Law Office:
DriverÕs license sanctions are a very important part of certain criminal sentences, including alcohol related crimes such as DUI. These possible sanctions are sometimes overlooked by drunk driving offense attorneys who may be inexperienced in handling criminal matters.Information as to possible driving sanctions can be as important as fines, costs, incarceration, probation, etc. in trying to determine how a criminal matter should be handled.
DriverÕs license sanctions can arise in a variety of ways, such as imposition of points on your driving record, restrictions on your driving and/or suspension or revocation of your driving privileges.
Most of us realize that sanctions on our driving privileges are imposed on drunk driving related crimes. However, the restrictions differ as to the types of suspensions and revocations along with what happens when the Secretary of State is notified as to the specific conviction. DUI defense attorneys can help you understand the different sanctions.
Individuals should also be aware that in certain alcohol related cases immobilization of the automobile or forfeiture of the automobile may be imposed.
In addition to drunk driving cases there are a whole host of crimes that contain driverÕs license sanctions. These include many drug crimes and many negligent driving crimes..
It is therefore important to at least contact an attorney for his advice as to possible sanctions under your personal set of facts and circumstances.
Southwest Michigan drunk driving laws are some of the toughest in the nation. A conviction for any alcohol or drug-related driving offense has serious consequences, including criminal penalties of fines and incarceration and license sanctions.
There are four major alcohol- or drug-related driving offenses which a drunk driving defense lawyer can handle, each with its own penalties:
Operating While Intoxicated (OWI)
is operating a motor vehicle with a blood alcohol content (BAC) of .08% or greater or under the influence of alcohol or a controlled substance. The first offense is a misdemeanor punishable by one or more of the following:
up to 93 days in jail
a fine of $100 to $500
community service of up to 360 hours
The Secretary of State will suspend the operator's license for 180 days and a restricted license is available only after 30 days. Six points are also assessed against the driver s record.
Operating While Visibly Impaired (OWVI)
is operating a motor vehicle while visibly impaired due to the consumption of alcohol or a controlled substance. No specific alcohol or drug content is required. The first offense is a misdemeanor punishable by one or more of the following:
up to 93 days in jail
a fine of up to $300
community service of up to 360 hours
The Secretary of State will suspend the operator's license for 90 days in the case of alcohol, 180 days in the case of drugs, and a restricted license is available. Four points will be assessed against the driver's record.
Operating with Presence of Drugs (OWPD)
is operating a motor vehicle with any amount of a controlled substance in the body. No specific amount is required, and the drugs need not affect one's driving. The first offense is a misdemeanor punishable by one or more of the following:
up to 93 days in jail
a fine of $100 to $500
community service of up to 360 hours
The Secretary of State will suspend the operator's license for 180 days and a restricted license is available only after 30 days. Six points will be assessed against the driver's record.
"Zero Tolerance"
provides that no person under the age of 21 shall operate a motor vehicle with any bodily alcohol content. No specific amount is required, and the alcohol need not affect one's driving. The first offense is a misdemeanor punishable by one or more of the following:
a fine of up to $250
community service of up to 360 hours
The Secretary of State will suspend the operator's license for 30 days and a restricted license is available. Four points will be assessed against the driver's record.
For all of these offenses, the penalties are progressively more severe with multiple convictions which underscores the need for a DUI defense attorney. The Motor Vehicle Code also includes other alcohol-or drug-related offenses, such as OWI/OWVI causing injury or death and OWI/OWVI endangering a child, that have significant criminal penalties and Secretary of State sanctions. Moreover, the Michigan Penal Code includes numerous offenses which, when committed with a motor vehicle, have serious penalties.
Persons accused of these various driving offenses require effective and proven representation by a drunk driving defense lawyer.
- Bland, Victor:
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- Redmond & Redmond:
Frequently Asked Questions about Drunk Driving Matters
Are there special Drunk Driving laws for people under the age of 21?
Yes. Michigan has drunk driving laws that only apply to people under the age of 21. This is called Minor with an Unlawful Bodily Alcohol Content, commonly referred to as a Minor UBAC. It is illegal in Michigan for anyone under the age of 21 to drive a motor vehicle with any amount of alcohol in their body. Also, if you are later convicted of Drunk Driving when you are over age 21, your conviction for Minor UBAC can be used to charge you as a repeat offender and your license can be revoked as an adult.
What are the new laws regarding Drunk Driving?
There have been many recent changes in the Drunk Driving laws in Michigan. Two of the more significant changes are:
The definition of Unlawful Blood Alcohol Level has dropped from .10 to .08. This means that if you are driving a vehicle and you have a Blood Alcohol Level of .08 or greater, you are guilty of the crime of drunk driving.
The costs to keep your driverÕs license after you have been convicted of Drunk Driving has increased significantly. If you are convicted of Drunk Driving, you must pay $1000 a year for 2 years or your license will be suspended. This fine of $2000 is in addition to court fines and costs.
Can I still Drive if I am convicted of Drunk Driving?
If you are facing your first Drunk Driving conviction your license will be suspended for 180 days. After the first 30 days of the suspension you may be eligible for a restricted driverÕs license that will allow you to drive to and from work and school. If you are convicted of the less serious Impaired Driving charge your license will be suspended for 90 days and you may be eligible for a restricted driverÕs license immediately.
However, if you have two alcohol related driving convictions within 7 years, your license will be revoked for a minimum of 12 months and during that time you will have no driving privileges.
Why should I hire an attorney if I am charged with Drunk Driving?
You should always consult with an attorney if you are charged with any crime. You may have a defense to the crime that would make you not guilty or guilty of a less serious crime. If you are charged with Drunk Driving, the consequences of a conviction are severe. You could go to jail, pay huge fines, and lose your ability to drive. Do not hire an attorney until you meet with the attorney and are sure that he or she is experienced and knowledgeable about the drunk driving laws and that the attorney fees are reasonable. Our office offers a free consultation.
If I get pulled over and itÕs my first drunk driving incident, should I fight it or should I accept the penalties?
MichiganÕs new drunk driving laws are some of the toughest of any state. Additionally any subsequent drunk driving will be treated much harsher than a first offense. For that reason alone, it is important to hire an attorney to fight each and every alcohol offense. Only an attorney will know if you may be guilty of a lesser charge or nothing at all.
If I have been arrested for drunk driving, should I take the Breathalyzer test offered at the police station?
According to Michigan law, a person who refuses to take the Breathalyzer test at the police station will automatically lose their license for one year with no driving privileges. And in most cases a warrant will be issued for a blood sample and your blood alcohol level will be determine.
- Boersma, Michael:
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- Willis & Willis:
It is possible, with knowledgeable and aggressive legal counsel, to avoid the harsh and serious penalties that are associated with drunk driving convictions in Michigan.
- Veritas Criminal Defense:
OWI - Operating While Intoxicated - First Offense
Criminal Misdemeanor on your Permanent Record
$100 to $500 fine and one or more of the following:
Up to 93 days in jail;
Up to 360 hours of community service;
Driver license suspension for 30 days, followed by restrictions for 150 days;
Possible vehicle immobilization;
Possible ignition interlock;
Six points added to driver record;
$1,000 Driver Responsibility Fee for two consecutive years.
OWI - Operating While Intoxicated - Second Offense
Criminal Misdemeanor on your Permanent Record
200 to $1,000 fine and one or more of the following:
Five days to one year in jail;
30 to 90 days community service;
Driver license denial/revocation for a minimum of one year;
License plate confiscated;
Vehicle immobilization 90 to 180 days unless vehicle is forfeited;
Possible vehicle forfeiture;
Six points on driver record;
$1000 Driver Responsibility Fee for two consecutive years.
OWI - Operating While Intoxicated - Third Offense
Felony on your Permanent Record
$500 to $5,000 fine and either:
One to five years imprisonment;
Probation with 30 days to one year in jail;
60 to 180 days community service;
Driver license denial/revocation for a minimum five years;
License plate confiscation;
Vehicle immobilization one to three years unless vehicle is forfeited;
Possible vehicle forfeiture;
Registration denial;
Six points on driver record;
$1000 Driver Responsibility Fee for two consecutive years.
OWVI - Operating While Visibly Impaired - First Offense
Criminal Misdemeanor on your Permanent Record
Up to $300 fine and one or more of the following:
Up to 93 days in jail;
Up to 360 hours of community service;
Driver license restriction for 90 days (180 days if impaired by controlled substance);
Possible vehicle immobilization;
Four points on driver record;
$500 Driver Responsibility Fee for two consecutive years.
OWVI - Operating While Visibly Impaired - Second Offense
Criminal Misdemeanor on your Permanent Record
$200 to $1,000 fine and one or more of the following:
Five days to one year in jail;
30 to 90 days community service;
Driver license denial/revocation for a minimum one year;
License plate confiscation;
Vehicle immobilization 90 to 180 days unless vehicle is forfeited;
Possible vehicle forfeiture;
Four points on driver record;
$500 Driver Responsibility Fee for two consecutive years.
OWVI - Operating While Visibly Impaired - Third Offense
Felony on your Permanent Record
$500 to $5,000 fine and either:
One to five years in prison;
Probation with 30 days to one year in jail;
60 to 180 days community service;
Driver license denial/revocation for a minimum of five years;
License plate confiscation;
Vehicle immobilization one to three years unless forfeited
Possible vehicle forfeiture;
Registration denial;
Four points on driver record;
$500 Driver Responsibility Fee
- Dufon, Jeffrey:
If you are facing drunk driving charges, it is important to consult an
experienced criminal defense lawyer. The first time you are convicted of
OWI, you will be required to pay $1,000 each year for two years. If you
are convicted a second time, you will automatically lose your driver's
license.
- Vander Horst:
A drunk driving charge or arrest can land you in jail, force you to pay
excessive fines, or cause you to lose your license or, even, your job. A
charge on your record will have a severely negative impact on your life
and your future. Any charge requires the legal representation of an
experienced DWI attorney to prevent unnecessary negative consequences.
College towns are known for underage drinking. You just started out on your own. A friend hooks you up with a fake ID. And the college parties start rolling one after another. Maybe it was your first time drinking underage. Maybe it was simply your first time getting caught. Regardless, a conviction for Minor in Possession (MIP) can have a significant impact on your criminal record and your college career.
Under Michigan underage drinking laws, college students or other minors can be charged - even if they were not drinking. Carrying alcohol in your car, holding a can of beer in your hand, or hosting a party where alcohol was being served can all constitute minor possession of alcohol.
Penalties for Zero Tolerance Violations
Michigan has Zero Tolerance for underage drinking. Therefore, law enforcement heavily patrols college towns and other areas to crack down on the offense. Individuals convicted for underage drinking or underage drinking and driving face serious penalties:
* Minor in possession (MIP): fines (up to $100), parental notification (under 18), community service, substance abuse screening
* Underage DUI/OWI: fines (up to $250), driver's license suspension (30-90 days), community service (up to 45 days), points on your driving record
In addition, college students may face collateral consequences, such as loss of student loans, scholarships, housing penalties, and other consequences.
Don't let a mistake in judgment have such a negative impact on your education and future.
If you are facing criminal charges for minor in possession, underage drinking and driving, or possession of a fake ID, you can trust that we will do everything we can to mitigate the circumstances of your case. When possible, we will strive to get the charges dropped or reduced so that consequences are minimized.
- Redmond & Redmond:
If you are facing your first Drunk Driving conviction your license will be suspended for 180 days. After the first 30 days of the suspension you may be eligible for a restricted driver¥s license that will allow you to drive to and from work and school. If you are convicted of the less serious Impaired Driving charge your license will be suspended for 90 days and you may be eligible for a restricted driver¥s license immediately.
However, if you have two alcohol related driving convictions within 7 years, your license will be revoked for a minimum of 12 months and during that time you will have no driving privileges.
- Tibble Law Office:
An experienced attorney can help advise you of your rights if you
have been charged with a crime.
An experienced attorney can help defend, inform, and guide you through the difficult and complex process of pretrial rights and procedures, such as the Michigan Datamaster test, the trial itself, and the process for license restoration.
Michigan law defines three levels of offenses involving drunk driving:
*
First Offense: Your first offense could result in license sanctions, such as a six-month suspension, and up to ninety days in jail.
*
Second Offense: A second offense is committed when an individual accrues two drunk driving charges within a seven-year period. The second offense could result in a one-year jail sentence and an indefinite loss of your driver's license.
*
Third Offense: These charges can include out-of-state offenses as well. The third offense is considered a felony offense, and could result in a one-to-five-year state prison sentence and the permanent loss of your license.
How do I get my driver's license back?
The process is called license restoration. In order to get your driver's license reinstated, you will need to prove the following before the court: sobriety for a minimum sixth-month period, proof of membership in a recovery program, such as Alcoholics Anonymous; provide three individuals who can vouch for your sobriety; and demonstrate that you have received some level of alcohol abuse rehabilitation counseling.
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