Brought to you by Colorado DUI Drunk Driving Defense

Southfield Drunk Driving Lawyers

1. Zanolli, Victor: If you've been charged with drunk driving in Michigan, it's important to take the charges seriously. An OWI (also known as DUI) conviction can have significant consequences, including fines, higher insurance rates, loss of your license and even jail time. Whether you call it DUI or OWI, the charge can change your life. Each case offers a variety of possible defenses that can result in the charge being reduced or, possibly, dismissed.
2. Peters, Donald: Were you recently arrested in Southfield, the Tri-County Metro Detroit area, or elsewhere in the state of Michigan for DUI, DWI, OWI, or drunk driving? Are you concerned about the status of your driving privileges in the state? Do you want an experienced and skilled DUI/OWI attorney to aggressively speak for your interests
3. Salinger & Associates: * Sexual assault and criminal sexual misconduct * Drunk driving/DUI * Domestic violence * Drug crimes, including drug possession and intent to distribute * Juvenile crimes * Murder * Fraud and white collar crimes
4. Foster Oliver: Drunk Driving is one of the most common crimes in Michigan. Everywhere you go, you hear ÒDonÕt drink and driveÓ and all of the other slogans designed to persuade people not to drive drunk. It is legal to drink and drive. It is illegal to drive while impaired or intoxicated by alcohol or drugs. Many people think once they have been arrested they are guilty and just need to accept their punishment. This is not always the case. Often there are valid defenses to a drunk driving charge. Much is at stake. You should always thoroughly discuss your case with an experienced drunk driving defense attorney before you go to court. DEFENSES TO OPERATING WHILE INTOXICATED OR OPERATING WHILE VISIBLY IMPAIRED * Not operating a motor vehicle * Not operating a motor vehicle in an area generally accessible to motor vehicles * Not intoxicated or impaired o Breath testing results are not accurate + Improper maintenance of the Datamaster breath test machine + Improper use of the Datamaster breath test machine + Gastroesophageal Reflux Disease (GERD) + Mouth Alcohol o Blood testing results are not accurate + Contamination of blood sample + Exposure to air + Not sufficient preservative in the collection tube + Expiration of preservative + Lack of refrigeration during storage and transport to crime lab + Blood plasma was tested rather than whole blood, giving an artificially high result o Successful completion of Standardized Field Sobriety Tests (SFSTÕs) o Good driving o Good dexterity o Good general appearance and demeanor
5. Hilla, John: Misdemeanor and felony drug possession - DUI - Assault - Possession - Fraud and check-kiting - Arson - Traffic Offenses - and many more ... If you or a family-member has been charged with a crime, it is important to retain legal representation as soon in the booking process as possible. The founding fathers of the United States drafted our country's Constitution in great part to protect the rights of individuals against the possibility of being wrongly accused of a crime and to ensure that those who may have been properly accused are afforded all of the protections necessary to preserve justice in the proceedings.
6. Dorn Law Firm: * OWI/OWVI* * Felony DUI * Refusal of a chemical test * Zero tolerance (drinking and driving under age 21) * Minor in possession of alcohol (MIP) * Driving while license suspended (DWLS) * Endangerment, injury or death For a first offense of OWI, you may not go to jail, but your license may be fully suspended for at least 30 days, with restricted driving privileges for at least 5 months after that. We may be able to negotiate the charges down to mitigate license suspension and probation. You may qualify for a diversion program to keep the conviction off your record. Or we may succeed in beating the charges all together. If you are under 21, you can lose your license for a year for driving with a BAC of02 (any amount of alcohol). Commercial drivers (CDL license) are also held to a lower threshold of04, whether on duty or not. Refusing a blood or breath test is an automatic one-year revocation, with no "hardship" driving privileges.
7. Poota, Julian: * DUI (driving under the influence) * DWI (driving while intoxicated) * OWI (operating while intoxicated) * OUIL (operating under the influence of liquor) * OWVI (operating while visibly impaired) * OUIN (operating under the influence of narcotics) * Boating under the influence * Snowmobiling under the influence * Minor in possession (MIP) * Minor Operating with any bodily alcohol content (zero tolerance) * Operating with open container or intoxicants * Second, third, and habitual offenses * DUI/OWI causing injury or death * Drivers license revocation and reinstatement
8. Michigan OWI: Michigan's drunk driving laws are some of the toughest in the country. You deserve to have a drunk driving lawyer in Michigan who is even tougher.
9. Pearlman & Pianin: DUI-DWI Law A drunk driving conviction can result in jail, the loss of your license, loss of your employment, points on your driving record, increased insurance premiums, humiliation and embarrassment. Unfortunately, many people when faced with this charge simply plead guilty to the original charge without recognizing that there are other options available to them. Or, although hardly effective, they attempt to represent themselves because they figure itÕs a cheaper option. Without question, it is absolutely critical for you to have experienced legal representation if you are facing a drunk driving charge.
10. Moss & Colella: An arrest for drinking and driving is a lot more serious than a traffic ticket. If convicted, you will be tangled up in a web of consequences that may include huge fines, increased insurance rates, a suspended license, immobilization or forfeiture of your car, and even jail time.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. Anita DeHarde: You should consult an attorney for individual advice regarding your own situation.
17. 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:

    1. up to 93 days in jail
    2. up to a $500 fine
    3. up to 2 years probation
    4. up to 360 hours of community service
    5. up to 6 points on a driver’s license
    6. up to 180 day with a suspended license, with a restricted license possible after 30 days
    7. 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.

18. 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.
19. 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
20. 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.
21. 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. DUI in a School Zone DUI in a School Zone In general, all states provide for maximization of penalties when a driving offense involves a school bus or it is committed within a school zone. New Jersey is unique in establishing a law imposing stiff penalties for drunk driving and other serious traffic offenses when committed in the vicinity of a school or a school crossing. This law was intended to honor Filomena Coppola, a well-known and popular crossing guard who was struck and killed by an alleged drunk driver while protecting two eight-year old girls at a crossing near Radcliffe Elementary School in Nutley, New Jersey. The law includes a comprehensive definition of a school zone, including school crossings, along with the enhanced penalties. Under Filomena's law, the penalties for driving while intoxicated in a school zone on or within 1,000 feet of a school crossing or school property are double those when in a non-school zone. A first offender is subject to a fine of $ 500 to $ 800, possible imprisonment for up to 60 days, and loss of a driver's license for up to two years. The penalties for a second offense in a school zone include a fine of not less than $ 1,000 or more than $ 2,000, community service for a period of 60 days, imprisonment of up to 180 days, and loss of a driver's license for up to four years. A third offense will result in a $ 2,000 fine, imprisonment of up to 180 days, and suspension of one's license for up to 20 years. The law also doubles the penalties imposed on a person convicted of refusing to consent to a breathalyzer test in connection with an offense committed on or within 1,000 feet of school property or a school crossing. These penalties are independent of the penalties imposed for a drunken driving conviction. The fine imposed ranges from $ 600 to $ 2,000, and the period of license suspension is up to two years for a first offense, four years for a second offense, and 20 years for a third or subsequent offense. Finally, Filomena's law imposes mandatory minimum terms of imprisonment for persons who are found guilty of driving while on or within 1,000 feet of school property or a school crossing when their licenses have been suspended or revoked for drunk driving. Equally draconian are the penalties for vehicular homicides occurring within a school zone.
22. 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:

    1. A permanent criminal record
    2. Suspension or loss of license
    3. Increased insurance rates
    4. Community service
    5. Possible jail or prison time
    6. Alcohol assessment and treatment
    7. Probation
    8. Vehicle immobilization or forfeiture
    9. Serious fines
    10. 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.