Brought to you by Colorado DUI Drunk Driving Defense

Livonia Drunk Driving Lawyers

  • Montagne, James: Drunk Driving Defense - the Criminal Proceeding Your drunk driving defense is one of the most crucial events of your life. If you prevail, you can save yourself considerable trouble. If you are convicted, you face the suspension or revocation of your driver's license, stiff fines, and even jail time. ... Michigan's drunk driving statutes - OVI, OWI, OUIL, OWPD, UBAL, and MIP - can easily confuse the average person. Mr. Montagne knows them, and he knows what it takes to protect you. If you have been charged with drunk driving or a related offense, you need serious help right now. We are ready to provide that assistance. Drunk Driving Defense - the Civil Proceedings In addition to possible criminal penalties for drunk driving, you risk the loss of your driver's license. If you failed a breathalyzer test, or refused to take it, you face the automatic suspension of your license. You then have 14 days in which to file an appeal with the DMV. You must act fast, or you will automatically lose your license. If your license was suspended or revoked some time ago, and you want to have it restored, you must go before the Michigan Driver License Appeal Division (DAAD), and pursue a driver's license appeal. The burden is on you to prove to the appeal board that you are worthy to have your license restored.
  • John Larkin: The consequences of a criminal conviction can be severe. Depending on the offense, you may face a jail or prison sentence, steep fines, increased insurance premiums, loss of your drivers license, impoundment, and even forfeiture of your vehicle.
  • Wade McCann: Protect your RIGHTS! You need an aggressive and experienced criminal defense lawyer.
  • Brian Lonnerstarter: If you are facing a traffic violation charge, such as a speeding ticket, reckless driving charge, or a drunk driving (DUI / DWI) charge, you need an experienced attorney making sure your rights are protected.
  • Chapp Law Firm: A conviction on DUI charges may result in fines, the revocation or suspension of your drivers license, and possible jail time. In addition, your insurance company may increase your rates to an unmanageable level. In defending against an impaired driving charge, you have many rights as a criminal defendant.
  • James Montange: DRUNK DRIVING AGENDA

    WHAT CONSTITUTES DRUNK DRIVING

    Drunk driving covers the operation of a motor vehicle under the Michigan Statutes but also includes the operation of a boat, motorcycle, and snowmobile.

    The effect of a drunken driving conviction while operating a boat, motorcycle or snowmobile goes against your license to operate a vehicle (i.e., automobile or truck).

    You do not need to be actually operating the vehicle as long as you have the capacity to operate the vehicle. Sleeping in the vehicle on the side of the road or in a parking lot with the keys in the ignition or in your pocket is considered drunk driving. You do not have to be on a public road, you can be in a private parking lot or anyplace accessible to motor vehicles.

    The police officer does not actually have to see you driving. If there is an accident and he comes upon you in the vehicle, behind the wheel, he can assume you were the driver.

    Statutes affecting Drunk Driving:

    1.-Operating under the Influence of Intoxicating Liquor (OIUL) (MCL 257.625 et seq.)

    a. Operating a motor vehicle under the influence of liquor or drugs; and /or
    b. Operating a motor vehicle with a blood alcohol content (BAC) of ..08 grams of alcohol per 100 milliliters of blood.

    -Operating While Visibly Impaired (OVI) (lesser offense)

    Operating a motor vehicle while visibly impaired
    No Blood alcohol level required

    -Implied Consent Statute

    When you apply for a drivers license you "impliedly consent" to allow the police to administer to you a breathalyzer if you are arrested for drunk driving

    -Owners Liability Statute (MCL 257.401)

    -Owner is liable for the negligent operation of the motor vehicle owned by him when he has consented to its use by someone else.

    -Applies to Corporations, businesses and individuals

    -An employee is presumed to be driving a company vehicle with the implied consent of his employer.

    -If you give the keys to your company car to another person, the company is responsible for that person’s negligence.

    PENALTIES:

    Operating under the influence of alcohol

    1. Criminal
      Up to 93 days in jail
      • Up to $500 fine
      • Court costs and probation fees (additional $500)
      • First and Second Offense – Misdemeanor
      • Third Offense – Felony – Immigration Problems (i.e. Deportation)

    2. License
    • Increased auto insurance premiums-double to triple the premiums with substandard insurance carriers-for five years
    • 6 points on your driving records
    • 1 st offense - suspended 180 days
                      - Restricted license after 30 days
    • 2d offense - (within 7 years)
      • one year revocation
      • No restricted license available
      • Must appeal to the Secretary of State’s office and prove by "clear and convincing" evidence that your drinking and/or substance abuse problems are under control.

    Operating While Visibly Impaired

    1. Criminal
      Up to 93 days in jail
             - Up to $300.00 fine
      • Court costs and probation fees (additional $500)
      • First and Second Offense – Misdemeanor
      • Third Offense – Felony – Immigration Problems (i.e. Deportation)

    2. License
      • Increased auto insurance premiums-double to triple the premiums with substandard insurance carriers-for five years
      • 4 points on your driving records
      • 1 st offense - suspended 90 days
                        - Restricted license available immediately
      • 2d offense - (within 7 years)
        • One year revocation
        • No restricted license available
        • Must appeal to the Secretary of State’s office and prove by "clear and convincing" evidence that your drinking and/or substance abuse problems are under control.

    Violation of the Blood Alcohol Content (BAC over .08) (Same as OUIL)

    1. Criminal
      Up to 93 days in jail
      • Up to $500 fine
      • Court costs and probation fees (additional $500)
      • First and Second Offense – Misdemeanor
      • Third Offense – Felony – Immigration Problems (i.e. Deportation)

    2. License
      • Increased auto insurance premiums-double to triple the premiums with substandard insurance carriers-for five years
      • 6 points on your driving records
      • 1 st offense - suspended 180 days
                        - Restricted license after 30 days
      • 2d offense - (within 7 years)
        • one year revocation
        • No restricted license available
        • Must appeal to the Secretary of State’s office and prove by "clear and convincing" evidence that your drinking and/or substance abuse problems are under control

    IMMIGRATION PROBLEMS

    CRIME OF VIOLENCE: If a drunk driving is considered a "crime of violence" you maybe deported for life. Crime of violence does not require an accident or accident causing injury. The potential for harm is sufficient.

    MULTIPLE CRIMES OF MORAL TURPITUDE: Two or more offenses of DUIL or OVI may trigger this standard and once again you may be deported and not allowed to return for life.

    ACCIDENT CAUSING INJURY WHILE DUIL OR OVI: Deported with no chance to re-enter the United States.

    DUIL OR DVI IN A FOREIGN COUNTRY: Drunk driving in Canada may prohibit your return to the United States.

    WHAT TO EXPECT IF YOU ARE STOPPED.

    Officer will approach your car and advise you that you are being pulled over because you were speeding, changing lanes, driving too slow, weaving, etc.

    He will ask you to get out of the car and perform field sobriety tests. (i.e. walking a straight line, touching your fingertips to your nose, reciting the alphabet, counting backwards from 100). Pay particular attention to the instructions!!!!

    If you fail the field sobriety tests, you will be arrested. You will be read your Miranda Rights. You will also be read your advice of rights under the drunk driving laws. If you are intoxicated, you won’t understand either. The police officer will ask you to take a Preliminary Breath Test. You must blow into a portable breathalyzer. Failure to do so will result in a 6 month suspension of your license. If you have been involved in a serious accident causing serious injuries, do not take the breathalyzer, either at the scene of the accident or at the Police Station. If you fail or refuse, you will be handcuffed and placed in the back of the police car and taken to the police station.

    At the Police Station, you will again be read your advice of rights and asked again to take another breathalyzer. Actually you will be given two breathalyzers and the results compared for accuracy. If you fail the breathalyzer, you will be fingerprinted, your photo taken, and you will be placed in a cell overnight. The following morning, you will be released, once you sober up and post bond (aprrox. $100 to $500). You may be taken to the Court for your arraignment. An arraignment is where you are read the charges against you and they will ask you how you plead. YOU WILL ALWAYS STAND MUTE. DO NOT PLEAD GUILTY!!!. You will then hire an attorney to represent you before the Judge.

    WHAT TO DO IF YOU ARE IN AN AUTOMOBILE ACCIDENT

    DO:

    Notify Police Immediately

    Write a complete description of the names, addresses and license numbers, of the person involved and any witnesses

    Report all facts of the accident to your auto insurance company

    DON’T

    Admit fault, and do not give a signed statement to the claims adjuster representing the other driver’s insurance company.

    Make any preliminary agreements with the other party


Return to Michigan Drunk Driving Lawyers