Lansing Drunk Driving Lawyers
- Robinson, Betts & O'Neill:
If you have been arrested for a crime, it is imperative that you understand
your rights and have a skilled and experienced attorney representing you.
Waiting to hire an attorney after an arrest may cost you a favorable verdict
or even eliminate your chances for charges to be dropped or your case to
be dismissed.
- Nicholas Leydorf:
Contrary to popular belief, a charge of drunk driving does not always lead to a conviction. There are four possible outcomes for a DUI, OUI, or OUIL charge, including dismissal, a careless driving charge, an impaired driving charge, or a plea of guilty. Field sobriety and roadside chemical and preliminary breath tests are often not accurate, and a knowledgeable DUI lawyer can help you get charges reduced or dismissed if the evidence against you is questionable.
The reasonable suspicion of a police officer can be challenged as well. A traffic stop that led to a DUI arrest may be illegal or unwarranted. All that evidence can be suppressed to get you a reduced charge or your case dismissed. You have options and need an experienced DUI attorney.
- Burt Burleson:
Blood Alcohol Level (BAL) is the amount of alcohol present in your blood as
you drink.
It's calculated by determining how many milligrams of alcohol are present in
100 milliliters of blood.
(Source: Harvard University Health Services; Michigan Compiled Law)
Under Michigan Law, a person is operating while intoxicated means either of
the following:
- The person is under the influence of alcoholic liquor, a controlled
substance, or a combination of alcoholic liquor and a controlled
substance.
- The person has an alcohol content of 0.08 grams or more per 100
milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine,
or, beginning October 1, 2013, the person has an alcohol content of 0.
10 grams or more per 100 milliliters of blood, per 210 liters of breath,
or per 67 milliliters of urine.
You thought that you can avoid any jail time for the first time DUI.....Maybe....
But there is always a possibility, you could be sentenced to jail for no more
than 93days since the law said so.
Remember NEVER NEVER drinking and driving again after your first DUI OR
you could be sent to jail or even Prison.
If you were arrested for DUI, always try to get a lawyer.
- Galiver Law Firm:
Operating While Intoxicated (OWI) / Traffic Violations. A conviction
for OWI, sometimes called Driving Under the Influence (DUI) or Driving
While Intoxicated (DWI) or any other traffic violation can have a
lasting impact on your life - affecting your ability to drive,
insurance rates, finances, and your freedom.
- Grewal & Associates:
Clients facing criminal charges have cause for serious concern, and
deserve experienced, persuasive representation to receive the best
possible result, whether through dismissal, settlement, or trial.
- George Betts:
Have you been charge with a Drinking and Driving Offense? Do you need
an Attorney? YES, given the complexity of the current law surrounding
drinking and driving not having competent legal counsel may cost you
more than you know.
- Cindy Mannon:
If you have lost your driver license in Michigan as a result of
multiple drunk driving convictions and you are ready to seek licensure
from the Michigan Driver License Appeal Division (DLAD), you are ready
for legal advice or representation. If you think you can attend this
hearing without an attorney who specializes in driver license law, you
are doing yourself a disservice. Why? If you lose at the Driver License
Appeal hearing, you may not be able to reapply for licensure for at
least 6 months to 1 year after the hearing. This is a long time to
wait. Don't wait until it is too late! Call attorney Cindy Mannon,
Driver License Legal Specialist, to assist you in restoring your
Michigan driver license privileges or to obtain a Michigan clearance in
order for you to obtain licensure in your new home state.
- Hugh Clarke:
In today's society, a vehicle is a necessity. Our goal is to protect
your right to own and operate a vehicle. Our first line of defense is
to challenge the reason that you were stopped. There are bad stops!
There are many things that you need to do before appearing in front of
a judge. We know what these things are and we strongly urge you to move
quickly and contact us if you have been arrested or cited for a traffic
offense. If it is your first arrest, our goal is make sure that you can
continue driving. For second offenses, the goal is often to keep you
out of jail and able to continue providing for your family.
- Kronzek & Cronkright:
Impaired driving can be any driving that is visibly affected by
alcohol. Michigan law presumes that driving is impaired once the driver
reaches a blood alcohol level greater than .07. However, a person can
be convicted of impaired driving with virtually any amount of alcohol
in their blood stream. Similarly, OUIL (Operating Under the Influence
of Liquor) requires that a driver's ability to operate a vehicle be
visibly and substantially impaired. UBAL (Unauthorized Blood Alcohol
Level) is charged when police believe your blood alcohol levels to be
.10 or greater. Any first offense drunk driving charge is a misdemeanor
punishable by up to 93 days in jail.
Michigan has two basic levels of drunk driving offenses. Impaired driving can be any driving that is visibly affected by alcohol. Michigan law presumes that driving is impaired once the driver reaches a blood alcohol level greater than .07. However, a person can be convicted of impaired driving with virtually any amount of alcohol in their blood stream. Similarly, OUIL (Operating Under the Influence of Liquor) requires that a driver's ability to operate a vehicle be visibly and substantially impaired. UBAL (Unauthorized Blood Alcohol Level) is charged when police believe your blood alcohol levels to be .10 or greater. Any first offense drunk driving charge is a misdemeanor punishable by up to 93 days in jail.
Second offense drunk driving. Michigan law makes a second offense drunk driving charge a misdemeanor punishable by up to one year in jail, whether the conviction is for OUIL, UBAL or Impaired Driving. Also, any second offense conviction will bring about a suspension of your driving privileges for a minimum of one year. You will also want to discuss vehicle immobilization issues with your attorney.
Any third offense within ten years is a felony. Under revisions made by the Michigan Legislature in October of 1998, it no longer matters what your prior offense were. (Impaired, OUIL, UBAL, etc...) Under Michigan law, all current and prior and alcohol offenses are treated the same. If you are facing a third offense, the possible penalty is five years in prison. Also, any alcohol conviction for a person charged with third offense drunk driving would result in a total loss of driving privileges for at least five years.
Serious injury or death. Michigan has severe penalties for drunk driving cases where a person has been seriously injured or has died as a result. These crimes are treated very seriously by Michigan courts and by the Michigan legislature. Michigan sentencing guidelines require substantial prison time for convictions of these offenses. If you are facing a serious injury or death case, it is vital that you begin immediately to work with a skilled and experienced lawyer.
Our Approach to Drunk Driving Charges
Technical defenses are important. 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.
Gathering all available information is vital. It is amazing how much information can be obtained by an industrious attorney who is willing to give your case the attention it deserves. Until every aspect of your case is carefully reviewed it is not possible to accurately determine how strong your defenses are. Many attorneys simply rely on a police report from a biased police officer to assess the case. You will not know what a skilled trial lawyer can do for you unless you have one working for you.
f You are Stopped by a Police Officer
Most of the evidence used to prosecute a drunk driving case comes directly from the defendant. This doesn't have to be the case. It is important to know what your rights and legal obligations are. If you are stopped by a police officer, consider the following:
* Michigan law does not require you to tell the officer if you have been drinking, how much you have been drinking, or where you have been drinking. It is always appropriate to tell the officer that you would like to speak with an attorney before answering such questions.
* Michigan law does not require you to participate in any field sobriety tests. Officers typically ask individuals to walk heel-to-toe, stand on one leg, recite the alphabet, count forwards and backwards and perform various other dexterity tests. You have Constitutional protection against self incrimination and are not required to help the officers build a case agasint you in this way.
* If you choose to conduct field sobriety tests, always tell the officer if there is something that prohibits you from completing the test. For example, if you have had a knee injury or a back injury, you may not be able to perform a heel-to-toe test or a one legged stand. If you are dyslexic or have a learning disability, you may not be able to successfully recite the alphabet or count backwards. If you are unable to perform a task successfully for some reason, you should decline to take the test rather than take it and perform poorly.
* If an officer asks you to take a preliminary breath test, and you refuse, you will likely lose your driving privileges simply because you refuse to take the test. However, in a second or third offense case, this may not be as important as other considerations. In most cases, the preliminary breath test is not going to be admissible evidence at trial.
* Don't waive any of your rights. For example, the law gives you a right to have a blood test to confirm the accuracy of the breath test results after you have been given a breath test at the police station. You should never assume that the breath test results are accurate and should insist on being taken to a hospital to obtain a confirmation blood test.
* Michigan adminisitrative guidlines grant you the right to have the Datamaster breath test preformed at the station by a individual other than the arresting officer. You should politely request that someone other than the arresting officer conduct the test.
* The Datamaster test is deemed unreliable if there is anything in your mouth. Therefore the law requires a fifteen minute observation period before you take the test. During that observation period, if you cough, spit up, or have any blood in your mouth, the test will be invalid and the observation period will have to start over.
If You Are Facing Drunk Driving Charges
Let's begin with the understanding that the police are not your friends and they are not there to help you. It is legal to for the police to lie to you. Promises made by the police are not enforceable. Miranda warnings may not help you, so if the police are investigating:
* Do not talk. Be polite and courteous, but refuse to discuss their investigation with them. You should plainly and repeatedly tell them that you do not want to discuss anything with them, and that you want an attorney present. Do not allow yourself to be tricked or coerced by the police.
* Anything you say about the case to anyone, including most family members, can be used against you in court. Many defendants hurt their case by discussing it with family, friends, co-workers, police officers and prosecutors. If you have made such statements, we will deal with it together. If you have not, DON'T!
* Never consent to anything without the advice of your attorney. This includes giving the police permission to search, draw blood or discuss the case with you.
* Never resist arrest. If a police officer is attempting to arrest you, be polite and cooperative. Inform the officer that you will go along peacefully. It is also important to immediately inform the officer -or any officer that tries to question you- that you do not want to talk without an attorney.
* The only information you should provide without consulting an attorney is necessary biographical information; this includes your full legal name and address. If the police want to fingerprint you after arrest cooperate fully.
- James Hafke: What will it cost to get a lawyer?
This
varies, of course, by the reputation and experience of the lawyer and
by the geographic location. As with doctors, generally, the more
skilled the attorney and the larger the city, the higher the fee. A
related factor is the amount of time a lawyer devotes to his cases: the
better lawyers take fewer clients, spending more hours on each.
The
range of fees is huge. A general practitioner in a small community may
charge only $300; a DUI specialist with a national reputation may
charge up to $15,000 or more, depending on the facts. In addition, the
fee may vary by such other factors as:
- (1) Is the offense a misdemeanor or felony?
- (2) If prior convictions are alleged, the procedures for attacking them may add to the cost.
- (3) The fee may or may not include trial or appeals.
- (4) Administrative license suspension procedures may also be extra.
- (5)
The lawyer may charge a comprehensive fixed fee, or he may ask for a
retainer in advance -- to be applied against hourly charges.
- (6) Costs such as expert witness fees, independent blood analysis, service of subpoenas, etc., may be extra.
- Stuart Shafer:
The police, prosecutor, and court treat drunk drivers very seriously,
but you may have a defense that could result in a dismissal or a plea
bargain to a less serious offense. We should also discuss actions that
you can take that could result in a more lenient sentence.
So you have been arrested for Drunk Driving...
The police officer may have stopped you for weaving, speeding, swerving, driving slow and erratically, broken tail light, failure to turn on your headlights, or you may have been in an accident.
The police officer will undoubtably ask for your license, registration and insurance. Failure to produce these documents would result in a ticket and/or an arrest.
The officer may ask you to step out of the car to perform Field Sobriety Test, the Horizontal Gaze Nystagmus Test and the Preliminary Breath Test. Refusal to cooperate may be admitted as evidence of your intoxication at trial. Refusal to take the PBT could result in a separate ticket and suspended licence.
If you are arrested, you will be handcuffed and taken to jail where you will be booked and asked to take another breath test. Refusal to take the breath test could result in a 6 month license suspension and 4 points on your driving record. Additionally, the police could get a search warrant, take you to the hospital where a nurse will draw your blood for a blood test. The bottom line is that the police will obtain your blood alcohol level even if you refuse and you will lose your license.
If arrested for OUI/OUIL the police will leave you in jail until your Blood Alcohol level is .07 or less.
If you had a passenger, the police could require him/her to take a PBT. If that person is a minor, he/she would be arrested as a MIP ( minor in possession). If there is open alcohol he/she could receive a separate ticket for Open Intox.
If the passenger is sober, the police may allow him/her to drive the car with your permission. If he/she does not pass the tests, the car will likely be towed at your expense.
If there is a suspicion of drug use, your car may be searched thoroughly. Any contraband found may result in a separate ticket and/or arrest.
If there was an accident and if you were injured you may be transported to the hospital. If blood was drawn as part of the treatment, the police may get the blood alcohol level from the procedure. If not, they may get a search warrant to draw blood for the PBT
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