DETROIT DUI LAWYER & ATTORNEY FOR OWI CHARGES
Being charged with drunk driving (DUI or OWI) is an intimidating experience. Many drivers react with fear and the notion that a conviction is forthcoming, especially if they have failed a breathalyzer test.
However, a Michigan DUI or OWI charge, even after a failed breathalyzer test, is only the start of a criminal case. Police officers and others can make procedural and technical mistakes, undermining the prosecutor’s claims. If a stop was illegal (in violation of a person’s Fourth Amendment rights), evidence can be excluded, in which even a case may need to be dismissed.
If you’ve been charged with DUI or OWI in Michigan, your best option will be to retain a highly experienced Michigan DUI lawyer or OWI attorney who understands the legal, scientific, and technical aspects and how to investigate and defend a drunk driving or OWI charge.
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If you’ve been charged with DUI or OWI and are looking for the best Detroit drunk driving lawyer for your case, I invite you to call me to get answers to your case, learn about possible defenses, and learn how I can help you.
In the interim, the following discusses additional aspects if Michigan DUI and OWI law.
The Legal Basis for an OWI Arrest in Michigan
The legal threshold for an OWI arrest varies depending on your situation.
- Adults (21 and over): Michigan law states that you can be charged with OWI if your blood alcohol content (BAC) is 0.08% or higher. Additionally, visible impairment due to alcohol or drugs can also serve as grounds for an arrest.
- Underage drivers (under 21): Michigan enforces a “zero tolerance” policy for underage drinking and driving. With few exceptions, any BAC of 0.02% or higher could lead to charges.
- Commercially licensed drivers (CDL holders): Commercial drivers are held to stricter standards. A BAC of 0.04% or higher can result in an OWI charge, and the penalties could have severe career impacts.
What are the Penalties for a First Time OWI Arrest in Michigan?
Even a first OWI conviction in Michigan can carry serious consequences, including:
- Up to 93 days in jail
- Fines ranging from $100 to $500
- Up to 360 hours of community service
- Six points added to your driving record
- License suspension for up to six months (with possible restricted license after 30 days)
- Possible installation of an “ignition interlock device” (link to https://www.michigan.gov/sos/license-id/license-restoration/ignition-interlock-manufacturers-list) (IID) if deemed necessary
These penalties can have lasting effects on your personal and professional life, which is why early intervention is essential.
Penalties can be “enhanced” when aggravating factors occur, such as:
- Having a BAC of 0.17% or higher
- Causing an accident resulting in injury or death
- Having prior OWI convictions
- OWI with a minor in the vehicle
Enhanced penalties can include longer jail time and license suspensions, higher fines, and mandatory alcohol treatment programs.
How Can an Attorney Fight OWI Charges?
As a Detroit OWI lawyer, firm founding attorney David Lee is meticulous in making sure that client rights are protected from a legal standpoint, and that a thorough investigation is conducted concerning the factual matters associated with a traffic stop.
For example:
- Was the traffic stop lawful?
- Did the officer have reasonable suspicion to pull you over?
- Are breath or blood test results accurate?
- Were proper testing protocols followed?
- Were field sobriety testing instructions clear?
- Was the testing environment reliable?
- Did law enforcement violate your constitutional rights during the arrest process?
Scrutinizing the details of your case can unearth weaknesses in the prosecution’s arguments, potentially leading to dismissed or reduced charges.
Do I Have to Take a Blood-Alcohol Test in Michigan?
In some cases, preliminary breath tests (PBTs) are used to prove whether or not a driver is under the influence of drugs or alcohol. These tests are often used as evidence against a defendant if they are arrested for a DUI. However, there are some penalties that come with refusing these tests.
Refusing a PBT does not impact your driving record in any way. If you refuse to take the test, you can get a civil infraction, which is considered a misdemeanor and associated with a small fine.
If an officer is still suspicious, they might require you to take a more advanced DataMaster Transportable (DMT) Breathalyzer Test at the police station. Refusing this test has more serious penalties. A DMT refusal results in a one-year suspension of a driver’s license, six points on a driver’s driving record, and usually a second misdemeanor.
If you are charged with a DUI or DWI, timing can be a crucial element in your case. Contact a Detroit criminal defense law firm as soon as possible to discuss your options and review your rights.
Let us help you build your defense. “Contact us” (link to contact page) at (248) 755-3842 for a free consultation.