Brought to you by Colorado DUI Drunk Driving Defense

Southfield Drunk Driving Lawyers

• 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.
• Avant, Orlando: A criminal conviction, no matter how minor it may seem, can have adverse effects on your future. Whether it is a serious, violent offense or a simple assault and battery charge, a criminal record can hurt your employment opportunities, your ability to rent an apartment, and your parental rights, among others. These and other potential long-term consequences of a felony, misdemeanor or a drunk driving charge can be minimized or avoided altogether with the help of an experienced criminal law attorney.
• Rhodes, Frank: Most commonly charged today as OWI, or "operating while intoxicated," drunk driving is more severely punished today than ever before. A second or subsequent conviction within a seven-year period of any alcohol-related driving offense will usually result in a jail term and a suspended license. Third offenses are charged and sentenced as felonies. Because current law and court procedures make it very difficult to plead OWI or DUI charges to a lesser offense, the service of a skilled and experienced trial lawyer might well represent your best chance for an effective defense on such grounds as the following: ¥ Lack of reasonable suspicion on the part of the arresting officer to pull your car over ¥ Absence of probable cause to arrest you ¥ Failure to give you your Miranda rights while arresting you or taking a blood alcohol sample from you ¥ Improper storage or analysis of the blood alcohol sample ¥ Forensic evidence of alternative reasons for a high blood alcohol concentration, such as prescribed medication, digestive reaction to certain foods or even gastric reflux.
• Reeves Law Group: If you have been arrested on drunk driving charges, contact an experienced Michigan DUI defense attorney at the Reeves Law Group in Southfield. Our understanding of the complexities of Michigan drunk driving law, together with our ability to protect your right to drive, can make a positive difference in the eventual resolution of the case against you. Under Michigan law, there is no offense formally designated as driving under the influence, or DUI. Instead, our statutes define three different crimes, in increasing order of severity: operating while intoxicated (OWI), unlawful bodily alcohol level (UBAL), and operating under the influence of liquor (OUIL). Each is punishable by jail, a fine, a license suspension, immobilization or impoundment of the vehicle, community service, or a license suspension. In most cases involving a first offense, two days of jail, a six-month license suspension, and a fine are the most common penalties. The penalties for a second drunk driving conviction are much greater than they are for a first offense, with heavier fines, longer jail terms, and a one-year license revocation. A third conviction for drunk driving is punished as a felony with a prison term of from one to five years. Repeat OUIL or UBAL convictions can also carry the penalty of forfeiture of your car.
• Stephen Redisch: Possible case outcomes... ´ Dismissal - The Court dismisses your case. This can be for any number of reasons including technical defenses. ´ Plea - The Court may accept your plea of guilty to the original charge or a lesser included offense. This may be a wise choice depending on the facts of your case. ´ Trial - A Court may hear the facts and testimony of your case with a jury or without a jury. If you select a trial by jury the jury can either find you guilty, not guilty, or guilty of a lesser offense. If you select a trial before the Judge he or she can either find you guilty, not guilty, or guilty of a lesser offense. Ultimately, if you are found guilty the Judge imposes the sentence in your case.
• Anita DeHarde: You should consult an attorney for individual advice regarding your own situation.
• Mark 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 shouldn’t. 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 “DUI” or “DWI” by many, here are the categories and the “proper names” 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 driver’s license
• up to 180 day with a suspended license, with a restricted license possible after 30 days
• driver’s 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 didn’t 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 driver’s 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 “recycled” 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 driver’s 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 don’t pay the fines, the Secretary of State will suspend your license indefinitely.

• Kirsch & Satawa: Recent highly publicized criminal trials have proven that when you are charged with a crime, the only way to protect your rights is to be represented by a tough and experienced defense lawyer. A good lawyer protecting your rights does make a difference.
• Marc Fishman: Michigan overhauled the Drunk Driving Laws on October 1, 2004. The Legislature changed the name of the offense to Operating While Intoxicated (?OWI?). Under the prior Statute, a person was assumed to be Operating Under the Influence (?OUIL?) if they had a blood alcohol level of .10 or higher, Operating While Visibly Impaired (?OWVI?) if they had a blood alcohol level of .08 or .09, and not impaired if they had a level of .07 or lower. The new law has REMOVED those presumptions. It would now be possible to charge an individual with OWVI, Regardless of the blood alcohol level. The courts have greater leeway in installing ignition interlock devices. The Law has also imposed MUCH GREATER fines. It is extremely important to obtain counsel as quickly as possible if charged with any of these offenses
• Mark Ross: The Sixth Amendment of the U.S. Constitution states that criminal defendants have a right to the assistance of counsel. Courts have interpreted this to mean that criminal defendants have a right to an attorney during all critical stages throughout the criminal process. In addition, before a defendant is permitted to proceed to trial without a lawyer, the challenges and dangers of doing so must be "rigorously conveyed" to the defendant.
• Jonathan Jones: Plea bargaining is the process of settling a criminal case before it goes to trial. It saves taxpayers money and benefits defendants by imposing lesser sentences. Basically, the prosecutor and defendant negotiate an agreement where the prosecutor usually receives a guilty plea from the defendant and the defendant usually receives a lighter sentence or reduction in the amount of charged crimes. By most estimates, 90-95% of all criminal cases are disposed of in this manner.
• Pamela Radzinski:

  DUI-DWI Offenses —A cultural stigma has become associated with drunk driving that was not present in our society even a decade ago. Public perception categorizes people charged with drunk driving as criminals, even before they have been convicted of any crime. Being arrested for drunk driving, driving under the influence (DUI), or driving while intoxicated (DWI) can be an unsettling proposition, to say the least. A DUI - DWI conviction in Michigan carries with it heavy penalties, including:

  • A permanent criminal record
  • Suspension or loss of license
  • Increased insurance rates
  • Community service
  • Possible jail or prison time
  • Alcohol assessment and treatment
  • Probation
  • Vehicle immobilization or forfeiture
  • Serious fines
  • Possible job loss

  If you have been arrested or accused of drunk driving, DUI, DWI, vehicular homicide, or any other alcohol-related criminal offense, you are probably frightened, confused, and concerned about your future and that of your family. The selection of an experienced attorney is the first step towards regaining control of your life.