J E F F R E Y  B U E H N E R,  P L L C
office: (248) 865-9640  
24 hour hotline: (248) 422-2245  
 
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MICHIGAN DRUNK DRIVING OWI DUI LAW

Many people arrested for drunk driving/OWI/DUI have never had any experience with Michigan's criminal justice system. Understanding your options requires the advice of an experienced Michigan drunk driving attorney.

Do not underestimate the seriousness of a drinking and driving charge. A first offense drunk driving charge can result in up to 93 days in jail, loss and/or restriction of your license to drive, up to six points on your driving record, vehicle immobilization, community service, fines and court costs.
 


ANALYZE YOUR LEGAL OPTIONS

Contrary to popular belief, not all drunk driving cases are 'open and shut' cases. Police do make mistakes and fail to follow proper procedure. Identifying these issues is key to understanding your legal options:
  • Was the arrest constitutionally valid? What may appear to be a 'routine' drunk driving arrest could in fact be a violation of your constitutional rights?
  • Was the client properly informed of their Chemical Test Rights?
  • Were statements taken from the client in violation of their Miranda rights?
  • Are there factors other than alcohol use that could account for any alleged driving irregularities?
  • Are there factors other than alcohol use which could have influenced the client's performance on the field sobriety tests?
  • Was the officer who operated the breath testing equipment properly qualified to operate the equipment?
  • Was the breath testing equipment functioning properly?
  • Were there any violations of the Administrative Rules for Breath Alcohol Tests?
  • Could the breath test's results be influenced by medical or other external factors?
  • Are there any inaccuracies in the arresting officer's report / citation which call into question the officer's credibility?
Understanding any potential defenses and the likelihood of success is vital to making an informed decision regarding your drunk driving/DUI/OWI charge. So is trust. We understand the impact that a drunk driving charge can have on a client's life. We know that our clients entrust us to assist them in making the right choices. We take this bond of trust very seriously.

MICHIGAN DRUNK DRIVING/OWI/DUI PENALTIES:

Operating While Intoxicated

Misdemeanor

Up to 93 days in jail

$100 to $500 fine

Up to 360 hours of community service

30 Day license suspension and 150 day license restriction

Six points on driving record

Court may immobilize vehicle up to 180 days

Operating While Visibly Impaired

Misdemeanor

Up to 93 days in jail

$300 fine

Up to 360 hours of community service

90 day license restriction

Four points on driving record

Court may immobilize vehicle up to 180 days

Operating While Intoxicated, 2nd Offense (within 7 years)

Misdemeanor

Imprisonment for not less than 5 days or more than 1 year

$200 to $1,000 fine

30 to 90 days of community service

Minimum one year license revocation

License plate confiscation

90-180 days of vehicle immobilization unless the vehicle is forfeited

Court may order vehicle forfeited

Operating While Visibly Impaired, 2nd Offense (within 7 years)

Misdemeanor

Imprisonment for not less than 5 days or more than 1 year

$200 to $1,000 fine

30 to 90 days of community service

Minimum one year license revocation

License plate confiscation

90-180 days of vehicle immobilization unless the vehicle is forfeited

Court may order vehicle forfeited

Operating While Intoxicated, 3rd Offense (no time limits on priors)

Felony

Imprisonment from 30 days in jail up to 5 years in prison

$500 to $5,000 fine

30 to 180 days of community service

Up to a 5 year license revocation

License plate confiscation

1 to 3 years of vehicle immobilization unless vehicle is forfeited

Vehicle registration denial

Court may order vehicle forfeited

Operating While Intoxicated, 3rd Offense (no time limits on priors)

Felony

Imprisonment from 30 days in jail up to 5 years in prison

$500 to $5,000 fine

30 to 180 days of community service

Up to a 5 year license revocation

License plate confiscation

1 to 3 years of vehicle immobilization unless vehicle is forfeited

Vehicle registration denial

Court may order vehicle forfeited


ACCIDENTS INVOLVING SERIOUS INJURY OR DEATH

In the event that you should be involved in an accident where an individual dies, there is a possibility that you could be charged with a wide array of crimes including manslaughter or negligent homicide. If alcohol or drugs are found in your blood stream, the felony offense of Operating While Intoxicated Causing Death could be charged which carries a possible 15 year prison sentence.

We can help. Call us at (248)865-9640 or write us below:



TELL US ABOUT YOUR DRUNK DRIVING ARREST

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Disclaimer:

Jeffrey Buehner, PLLC publishes this web site solely for the purpose of conveying information regarding the nature of Jeffrey Buehner, PLLC's practice. No information contained in this web site should be construed as legal advice. Neither viewing this web site, nor transmitting any information via e-mail, establishes an attorney-client relationship. The establishment of an attorney-client relationship is solely within the discretion of Jeffrey Buehner and will only occur after the signing of a retainer agreement by Jeffrey Buehner and the client expressly establishing an attorney-client relationship.