Michigan Information on Substance Abuse and Driving
When you drink alcohol or use other drugs and drive, you endanger your life as well as the lives of your passengers and other motorists. Each year, thousands of people are killed or permanently disabled because someone drove under the influence of alcohol or other chemical substances. Michigan takes a strong stand against drivers who abuse substances and drive. This section provides information about drinking and driving, penalties for breaking the law, and the states tough Repeat Offender laws.
.08 and Other Changes: 2003 Changes to Michigan's Drunk Driving Laws
Search for Michigan Drunk Driving Attorneys by county.
- Ann Arbor
- Lynn D'Orio: There are two types of trials: Bench trials and Jury trials. In a Bench trial, the judge acts as the jury or "fact-finder." A jury trial differs from a bench trial in that citizens from the community are asked to decide the facts of a case. A trial has the following parts:
1. Jury selection
2. Prosecutor and Defense Attorney's opening statements
3. Prosecutor's case in chief (prosecution witnesses)
4. Prosecutor rests his case
5. Defense's case, if any (defense witnesses)
6. Closing arguments
7. Judge's instructions to jury
8. Verdict (Guilty or Not Guilty)
- Peter Collins: The consequences of a criminal conviction can be devastating for you and your family.
- Donald Payne: Driving under the influence of alcohol (DUI) or driving while intoxicated (DWI) is an increasingly serious problem in todays society. The laws of the state of Michigan and those of all other jurisdictions across the United States treat it as a very serious offense that can lead to harsh criminal penalties, including heavy fines, loss of driving privileges, larger insurance premiums, and incarceration. The authorities in many states are currently cracking down on DUI offenses by reducing the blood alcohol content level at which a person may legally operate a motor vehicle. If you are arrested and convicted of DUI, the consequences could be quite severe if you do not have adequate representation. However, knowledgeable legal counsel can help you avoid those hefty fines, license suspensions, or large insurance increases. Do not think you can go to court and solve the problem by yourself. You need a competent and experienced lawyer to represent you. You need someone who can raise all the available defenses or, if necessary, help you avoid the draconian consequences.
- Jeffrey Bennett: A driver in Michigan will be presumed to be driving under the influence of alcohol if his or her blood alcohol level is .08 (not .10), or greater. In addition to the usual fine or jail time, that person will now be subject to a driver assessment fee of $1,000 per year for the two years after the conviction. In addition to the possible incarceration and fines, there can be a stigma attached to being convicted of a crime.
- Bingham Farms
- Timothy Ash: Even a first time DUI / drunk driving arrest in Michigan can have devastating effects, resulting in the suspension or revocation of your license as well as substantial financial penalties, increased insurance rates and even jail time. Simply being arrested for drunk driving, however, does not mean you are guilty.
- Birmngham
-
Marc Beginin: A first-time offender convicted of drunk driving faces:
-
Up to 93 days in jail
- Up to a $500 fine
- Up to 360 hours of community service
- Up to 6 points on a drivers license
- Up to 180 days with a suspended license, with a restricted license possible after 30 days
Convicted drunk drivers will also be subject to a new $1,000 penalty that is included in a recently approved driver responsibility program. The $1,000 penalty will be imposed for two consecutive years. Drivers may still be arrested and charged with impaired driving, however, the law no longer has a blood alcohol content associated with impaired. Those convicted of impaired driving face an additional $500 penalty assessed for two consecutive years.
- Bloomfield Hills
- Cedar Springs
- Patrick Strong: If you or someone you love has been charged with drunk driving (OWI / DUI / DWI), a qualified attorney can make the difference between jail time and freedom. A drunk driving conviction can have a devastating impact, including jail time, high fines, probation, loss of drivers license, high insurance rates, among other things.
- Center Line
- Salvatore Palombo: A judgment is a declaration by a trial court that shows whether a defendant has been convicted or acquitted of a criminal offense. The judgment must be in writing and must be signed by the trial court. The judgment is only evidence of the defendant's conviction. It is not the defendant's conviction. The defendant is convicted when the trial court pronounces the defendant's sentence. An appeal of the defendant's conviction cannot be filed until the judgment has been entered on the record.
- Clarkson
- Larence Kozma: If the government, whether State or Federal, is charging you with a crime, you need experienced, competent, and aggressive representation. You need anattorneythat understands criminal law from every approach. A criminal conviction can have severe and long-lasting consequences. If you are charged with a traffic offense, including drunk driving, you could be facing large fines, court costs, loss of your drivers license, forfeiture of your vehicle, court-ordered alcohol treatment, lengthy probation, future legal ramifications, and even jail time. If you are facing a serious misdemeanor or a felony, a conviction could result in long terms of incarceration in jail or prison, and loss of certain civil rights. You do not have to face the prosecution alone.
- Clinton Township
- Robert Hribar: DUI / DWI / Drunk Driving - skilled legal representation could mean the difference between reduced penalties or large fines, high insurance rates and even jail time.
- Cy Abdo: The Sixth Amendment Confrontation Clause guarantees every criminal defendant the right "to be confronted with the witnesses against him." Generally, this means that the accused has a constitutional right to cross-examine witnesses who make statements against him. In conjunction with this right, hearsay statements (out-of-court statements offered to prove the truth of the matter asserted) are generally inadmissible. However, there are several exceptions to the hearsay rule, which make the out-of-court statements of a non-testifying witness admissible under certain conditions (in spite of the Confrontation Clause). In fact, the tension created between the admissibility of certain hearsay statements and the conflicting right of the accused to cross-examine witnesses has risen to the level of the U.S. Supreme Court. In assessing the connection between the Confrontation Clause and the hearsay rule, the Court has specifically questioned the hearsay exception for statements against penal interest and the admissibility of accomplice confessions that inculpate the accused.
- Dearborn
- Frank Ford: If you have been charged with drunk driving, either as a misdemeanor or as a felony, you need the services of an attorney who practices primarily in the areas of drunk driving defense and related topics, so you know you are getting up to date, specialized representation, from an attorney who will dig deep for your defenses and fight hard for your rights. There is still a Constitution!
- Christine Grand: There are two ways an individual who is arrested for Drunk Driving can be charged. They can be charged with a violation of a City Ordinance or they can be charged with violating state statutes. City Ordinances vary depending on the city and may actually conflict with the Motor Vehicle Code.
- Detroit
- Farmington Hills-Dearborn Heights
- Flint
- Erwin Meiers: IF YOU ARE PULLED OVER FOR DRUNK DRIVING: 1. You should not refuse the Breath Test unless it is your 2nd Drunk Driving Arrest in 7 years or your 3rd Drunk Driving Arrest in 10 years. 2. Refusing the Breath Test results in a total loss of your driving privileges for 6 months and 6 points added to your driving record. 3. Be polite toward the Police Officer. He/She may give you a break. Be careful about what you say. If you admit that you were drinking it WILL BE used against you in court. 4. You have a right to call an attorney before taking the Breath Test at the Police Station. Insist on it if they refuse your request, IT IS YOUR RIGHT! 5. After you take the Breath Test you have the right to request an independent Breath or Blood/Urine Test at a hospital. Do this if you suspect the Police Breath Test was faulty. 6. Most individuals are released the next morning. However, the louder you are the longer you stay in jail. 7. Call an attorney the next day while the information is still fresh in your mind.
- William Hayes: In today's society, a vehicle is a necessity. Our goal is to protect your right to own and operate a vehicle. Our first line of defense is to challenge the reason that you were stopped. There are bad stops! There are many things that you need to do before appearing in front of a judge. We know what these things are and we strongly urge you to move quickly and contact us if you have been arrested or cited for a traffic offense. If it is your first arrest, our goal is make sure that you can continue driving. For second offenses, the goal is often to keep you out of jail and able to continue providing for your family. We will get you the best shot at being able to continue driving and avoiding jail time. But you must move quickly.
- Thomas Mengesha: If you are stopped for a drunk driving offense you will probably be offered a breath test, and normally you should take it unless: There has been an accident involving death or serious injury or You have been convicted of any drinking and driving offense or attempted drinking and driving offense within the past seven years or twice within the past ten years and you expect a full trial. MCLA257.303(2)(c)
- Gran Blanc
- Charles Riley: If you are facing fines, jail time, or the loss or suspension of your driver's license, you need a criminal defense lawyer who is familiar with Michigans statutes regarding misdemeanor crimes related to traffic offenses, drunk driving and the possession of controlled substances such a marijuana.
- Grand Rapids
- Grosse Pointe Park
- Tim Dinan: OUIL/DUL Offenses Michigan's drunk driving laws are some of the toughest in the nation now. Whether it is your first offense or a subsequent offense, the best way to protect your rights is by bringing in a lawyer with the training and knowledge to guide you through the system.
- Theodore Bratton: Drunk driving has become a serious criminal charge with draconian penalties. If you get arrested, immediately consult with and/or retain an attorney with expertise in this area of the law -- the sooner the better. Ted Bratton has extensive experience in, and keeps up to date with, the ever-changing science and law necessary to effectively represent people accused of this crime.
- Hartland
-
Doug Dern:
25% of the drunk driving convictions are actually innocent. It seems that if you get arrested for drunk driving, you are guilty until proven innocent. Breathalyzer machines are wrong 50% of the time. I hope no one ever needs me. But if you do, and you want the State to prove their case my mission is to provide affordable legal defense.
Drunk Driving is serious business. If you get a first offense misdemeanor drunk driving many times the punishment will be worse then a first time felon. You would not go to a corporate lawyer for a divorce. Don't go to a criminal lawyer or a family lawyer for a drunk driving. Drunk driving defense work is a special area of the law that requires more then a general knowledge.
There are often things that go wrong in chemical testing. It could be you were at the bar and had only a couple of drinks and you honestly thought you were sober. As you drive home a cop stops you and arrests you. If you have food in your teeth, or a small cut in your mouth, or you are a smoker, or you burped before a breath test all these things will give the illusion that you are drunk, when in fact, you were sober. A lot of lawyers, who don't specialize in drunk driving, will have you plead guilty. And once you have a drunk driving on your record your insurance is raised, society frowns on you and quite frankly you are treated like a common criminal.
- Hastings
- McPhillips & McDowell: Don't Lose Your License Because of a Drunk Driving Arrest If you have been arrested in Michigan for a DWI/DUI your right to drive may be at stake. Additionally, a drunk driving arrest can lead to fines or even jail time. It is important to retain the services of a criminal law defense attorney as soon as possible.
- Jackson
- Thomas Wilson: Michigan has tough drunk driving laws and penalties. Laws aimed at discouraging and punishing those who drink and then choose to operate a motor vehicle get stricter every year. Every person who operates a motor vehicle on a public road or highway impliedly consents to being tested for the presence of alcohol or drugs in their body. It is now also illegal to operate a watercraft or snowmobile after consuming alcohol or drugs.
- Jenison
- Timothy Trichler: Why is going to trial so expensive? The primary reason is it is very time consuming for the attorney to properly prepare. Preparation for trial costs much more than conducting the trial itself. Good trial preparation is difficult and tedious work. Television glorifies the actual trial. The truth is that most trials are won or lost on the quality of the preparation.
- Kalamazoo
- Tibble Law Office: An experienced attorney can help advise you of your rights if you have been charged with a crime.
- Keego Harbor
- Thomas McGinnis: In a criminal proceeding each side has the opportunity to present an opening statement to the judge or jury. The prosecution presents its opening statement first and then the defendant presents his or her opening statement. In some states, the trial judge permits the defendant to defer giving his opening statement until the close of the prosecution's case. If there are multiple defendants being tried in one case, each attorney may give an opening statement for each defendant.
- Lakeside
- William Stevens: Often evidence of your bodily alcohol level or alleged impairment is derived from an improper stop.
- Lansing
- Livonia
- 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.
- Ludington
-
Thompson, Thompson & Glanville:
Michigan's new Operating While Intoxicated (OWI) law is tough. You can get busted for driving after two beers. Here are the penalties:
1st offenders face:
- up to 93 days in jail
- a 6 month license suspension
- possible vehicle immobilization
- fines and court costs
2nd offenders face:
-up to 1 year in jail
-license revocation for at least 1 year
-mandatory vehicle immobilization
-more fines and court costs
3rd offenders face:
-a felony with up to 5 years in prison
- license revocation for a minimum of 5 years
- even more fines and costs
The best way to avoid the time, cost, and humiliation of a drunk driving conviction is not to drink and drive. If you do get arrested for drunk driving, you absolutely need an attorney. Cases can be won by exposing illegal stops and arrests by the police, or violations of alcohol testing procedures.
- Madison Heights
- Jack Jaffe: If youve been arrested and charged with a crime, you need immediate legal representation from an experienced and aggressive defense attorney committed to protecting your rights under the law. Conviction on drunk driving charges can result in fines, jail time, increased insurance rates, loss of insurance, and suspension or revocation of your drivers license.
- Midland
- Barbara Maurer: The first line of defense is to challenge the reason that you were stopped. There are bad stops! There are many things that you need to do before appearing in front of a judge. I know what these things are and I strongly urge you to move quickly and contact my firm if you have been arrested or cited for a traffic offense. If it is your first arrest, the goal is make sure that you can continue driving. For second offenses, the goal is often to keep you out of jail and able to continue providing for your family.
- Handlon, Eastman, Dewitt & Beale: Have you been charged with drunk driving? Accused of theft, assault, or other crime? You need a lawyer right away. ... You may exercise your right to remain silent until you are properly advised or consulted by an attorney.
- DeLois Leapheart: Ordinary law-abiding people who have never been a party to a criminal proceeding can suddenly find themselves thrown into the world of handcuffs, Breathalyzers and jail cells. Each year the drunk driving laws become stricter. In Michigan, in October of 1999, many significant changes will be made to its drunk driving laws. Drunk driving cases are usually processed in a relatively short time. In Michigan arraignments are held within 14 days, a pre-trial conference (in Midland County with the judge and prosecutor in attendance) within 35 days and if a trial is necessary, it is usually held within 77 days. The penalty for a drunk driving ticket will largely be determined by ones prior record.
- Mt. Clemens
- Derek Girdwood: Q: My friend was arrested and the police did not read him his Miranda rights. Can the arrest be dismissed? A: No. The police are not required to read an arrested person Miranda rights unless the police are also attempting to elicit a confession and even then, the matter would not necessarily be dismissed but your friend's confession prior to the reading of his Miranda rights would be suppressed and not permitted to be told at a trial.
- Mt. Pleasant
- James Veldhuis: The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol. To find a person guilty under the first definition, a jury (or judge) must be convinced beyond a reasonable doubt that the person's blood alcohol content (BAC) exceeded a certain amount. In most states the legal limit is .08 percent. Therefore, if it is proved that the person's BAC at the time of the incident was .08 percent or greater, he or she can be convicted of drunk driving, regardless of how much alcohol was actually consumed. As a practical matter, one drink would almost certainly not lead to a BAC of .08 percent or greater; generally, a person needs to have five drinks in an hour to develop a BAC of .08 percent. However, if there was something unique about the person or the drink, or other circumstance, one drink could raise the BAC above the legal limit. In contrast, the second definition does not refer to any particular BAC. It focuses on the driving behavior of the person; if it is impaired by the person's consumption of alcohol, he or she can be found guilty of drunk driving. Instead of presenting evidence of the BAC to a jury, the prosecution seeking a conviction under this definition generally presents testimony about the person's driving and consumption of alcohol. A police officer will often describe the impaired driving that lead him to pull the person over and the person's ability (or lack thereof) to perform field sobriety tests, such as walking a straight line. Evidence is also usually presented concerning the person's consumption of alcohol and if the jury then concludes that the prosecution has met its burden of proof, it will convict the person of drunk driving. A susceptible person may exhibit impaired driving after one drink and therefore be convicted of drunk driving.
- Muskegan
- Jeffrey West: Believe it or not, many people who are convicted of a crime and end up in prison were falsely accused. Although the American criminal justice system works in most cases, not all juries get things right, and the consequences can be tragic. An innocent party pays the price for something he or she did not do, while the guilty party roams free. The best way to avoid such an unjust result and ensure the proper outcome when faced with criminal accusations is to immediately seek counsel from the best criminal defense attorneys available. Skilled and knowledgeable defense lawyers know their way around the criminal justice system and can navigate through the complex procedures to ensure the fairest possible conclusion.
- Bleakley Law Office: Have you been accused of drunk driving? Michigan takes a strong stand against drunk drivers. Its laws require swift action resulting in severe consequences for the convicted. If you are convicted of drunk or impaired driving, the court may order loss or suspension of driving privileges, imprisonment, fines and costs, community service, alcohol treatment or education, vehicle forfeiture, immobilization or a combination of these. There are four drunk driving offenses in Michigan: Operating under the influence of intoxicating liquor (OUIL); driving with an unlawful bodily alcohol level/content (UBAL/UBAC); operating while impaired (OWI); and under age 21 operating with any bodily alcohol content. It is also unlawful in Michigan for those under 21 to buy, possess, consume or transport alcoholic beverages. A conviction or plea of guilty of OUIL or UBAC means a maximum sentence of up to $500.00 in fines plus the costs of prosecution, up to 93 days in jail and up to 45 days of community service. A second DUI, OUIL or UBAC in Michigan increases the fines plus costs up to $1,000.00, and imprisonment up to 1 year in jail. A third time conviction for drunk driving will result in a felony punishable by 1 to 5 years imprisonment and a fine of up to $5,000.00. A conviction or guilty plea to OWI will result in a maximum sentence up to $300.00 in fines plus costs, up to 93 days in jail and up to 45 days of community service. In addition to the above, a convicted person's license will be suspended or revoked for varying lengths of time depending on the circumstances. Don't let a drunk driving charge sideline you. You need your license and your car.
- Plymouth
- Michael Gerou: Drunk driving is a criminal offense that an otherwise law-abiding citizen may face if they exercise poor judgment and elect to drive a motor vehicle after consuming too much alcohol.
- Point Huron
- June Sullenger: When facing criminal charges, it is important to have an experienced law firm on your side.
- Leslie Clark: Most states break their crimes into two major groups-felonies and misdemeanors. Whether a crime falls into one category or the other depends on the potential punishment. If a law provides for imprisonment for longer than a year, it is usually considered a felony. If the potential punishment is for a year or less, then the crime is considered a misdemeanor. In some states, certain crimes, called "wobblers," may be considered either a misdemeanor or a felony, because under some conditions the punishment may be imprisonment for less than a year, and in other situations, the criminal may go to prison for a year or more.
- Pontiac
- Toca & Associates: An indictment or an information must be valid in order to charge a defendant with a crime. If the indictment or the information is insufficient, that is, if it fails to contain certain requirements, the defendant may challenge the indictment or the information by filing a motion to dismiss or a motion to quash prior to trial.
- Royal Oak:
- Michael Steinberg: First offense impaired (Operating While Visibly Impaired-OWI) is a 4 point violation, 93 day misdemeanor offense, and will result in a restriction of license (to and from and during work, treatment, probation, community service and support groups) for 90 days. A $125 reinstatement fee is due at the end of restriction. Failure to do so will cause the license to be suspended. Fines and costs, amount dependent on the individual court, are imposed as is alcohol education and community service. First offense intoxicated (Operating While Under the Influence of Intoxicating Liquor-OUIL) is a 6 point violation, with no license whatsoever available for the first 30 days. Thereafter, a restricted license can be issued for a period of up to 6 months. In addition, Michigan has a identical charge called Unlawful Body Alcohol Level(UBAL), .10 or higher per 210 militers of blood. Note the above cases, licensure is governed by the Secretary of State-Drivers Licenses Appeals Division (DLAD) and not the courts. Second offense drunk driving is punishable up to one year in jail under state law and any combination of three violations under section 625 is a felony in the State of Michigan, punishable up to 5 years in prison. In addiiton, OUIL/UBAL/OWI causing Serious Injury is a 5 year felony. OUIL/UBAL/OWI Causing Death is a 15 year felony. If a driver gets any combination of the above, plus other alcohol offenses defined in MCL 257.625 (Unlawful Blood Alcohol Level .02-.07 under the age of 21), the license is mandatorily revoked for one year. THERE IS NO APPEAL WHATSOEVER. Same for any combination of 3 within 10 years. If a licensee gets a another violation of Section 625, during a period of revocation, the license is revoked for a manditory 5 years. NOTE: Multiple violations of the drunk driving law carry manditory impoundments of the vehicle and or forfeiture. It is the burden of the non violating driver to show that they had no knowledge that the operator was driving their vehicle intoxicated to avoid santions. In addition, it is a 90 day misdemeanor to knowingly allow someone to drive your vehicle drunk. Any moving violation (non-alcohol) during a period of revocation, increases the revocation for a like time period. That is if one is revoked for a year and get a speeding ticket, they get an additional year, with credit for the time that they did no violate the law. It is the burden on the licensee, after the period of revocation, to demonstrate, by clear and convincing evidence, that he/she has a period of sustained sobriety and that he/she can safely be returned to the road. In Michigan, at best a licensee, returning to the road after a period of revocation, can get a restricted license to and from work, treatment, serious medical conditions and support groups. They vehicle, by law, must have a DLAD approved ignition interlock system. After a year, the licensee can petition for full reinstatement.
- Shelby Township
- Jeffrey Cojocar: In Michigan when you are charged with drunk driving the official charge is OWI (Operating While Intoxicated). You can be charged with OWI when operating a motor vehicle or a boat. The consequences of an OWI conviction are serious and grow more serious with successive violations. If you are arrested for OWI, you should contact an attorney immediately.
- St. Clair Shores
- George Birch: A person accused of a drinking or drug related driving offense should retain counsel as soon as possible. They should not wait until the day before their hearing to think about hiring an attorney. Early enrollment in alcohol or substance abuse therapy will many times help a convicted offender at the time of sentence.
- St. Joseph
- John Burhans: In recent years, the State of Michigan has taken a tougher approach to individuals who are accused of driving in an intoxicated state. Penalties may include community service, jail time, and or a restriction on one's driving privileges.
- Southfield
- Sterling Heights
- Janet M. Ziulkowski:
- Robinette & Walton: Enhanced Penalty BAC Level and Zero Tolerance Laws Many states have "enhanced penalty BAC level" laws that impose harsher penalties for drivers with BAC levels at or above the state's enhanced penalty standards. These laws typically apply to drivers with a particularly high BAC, ranging from .15% to .20%. In addition, all states have "zero tolerance" laws that penalize drivers under age 21 for driving with any trace of alcohol in their systems.
- Thomas Tomko: In Michigan there are a great number of specific offenses which can be charged when a person is arrested for Drunk Driving.
- Trenton
-
Paul Beck:
Alcohol Anonymous' Twelve Steps
1. “We admitted we were powerless over alcohol-that our lives had become unmanageable.”
2. “Came to believe that a power greater than ourselves could restore us to sanity.”
3. “Made a decision to turn our will and our lives over to the care of God as we understood Him.”
4. “Made a searching and fearless moral inventory of ourselves.
”
5. “Admitted to God, to ourselves and to another human being the exact nature of our wrongs.”
6. “We’re entirely ready to have God remove all of these defects of character.”
7. “Humbly asked Him to remove our shortcomings.”
8. “Made a list of all persons we had harmed and became willing to make amends to them all.”
9. “Made direct amends to such people wherever possible, except when to do so would injure them or others.”
10. “Continued to take personal inventory and, when we were wrong, promptly admitted it.”
11. “Sought, through prayer and meditation, to improve our conscious contact with God as we understood Him, praying only for knowledge of His will for us and the power to carry that out.”
12. “Having had a spiritual awakening as the result of these steps, we tried to carry this message to alcoholics and to practice these principles in all of our affairs.”
- Troy
- Steven Stelmach: An experienced attorney is essential to help you prepare your case and introduce proper evidence of sustained absolute abstinence from all forms of alcohol, including so-called near-beer or non-alcohol brews which actually do have some alcohol in them.
- Michael Morgan: Q: Should I see an attorney before I go to court for my arraignment on drunk driving, or should I wait until afterwards? A: If time permits you’re well advised to see the lawyer first. In many cases he can invoke the Michigan court rule that allows an attorney to waive the arraignment by mail so that you won’t have to go. Q: I refused the breath test. What happens? A: If you refuse the chemical test offered you at the police station (not the portable test on the road) you’re facing one-year total suspension of license in Michigan (two years if it is your second refusal in seven years). YOU MUST REQUEST A HEARING WITHIN 14 DAYS OF ARREST using the form you should have been given by the police at the time of your arrest. Failure to request this hearing will usually preclude you from having a hearing on the refusal.
- William Morrison: DRUNK DRIVING: Increased penalties and stricter enforcement for violations were put into effect Oct. 1, 2003. License revocations and jail sentences lead to job losses and disruptions to family life. Effective legal help prevents this.
- Kenneth Miller: In October of 1999, the Michigan Legislature toughened the drunk driving laws in Michigan. Under the new Michigan laws, if convicted, you may be subject to fines, mandatory jail terms, license suspension and / or revocation, vehicle forfeiture or immobilization. Now more than ever you need an attorney to protect your rights.
- John Talpos: DRINKING & DRIVING CHARGES are among the most difficult cases for a lawyer. Without minimizing society's justifiable concern for the tragedy potential of drivers who have drunk too much, the lawyer must engage in extensive legal research, be aware of the weaknesses of the blood alcohol testing devices, and be able to present those weaknesses to a jury in terms that lay persons can understand. Talpos & Arnold principal, John C. Talpos, is recognized as an expert in this area of law. Additionally, he has presented seminars on this topic to hundreds of lawyers on behalf of Michigan's Institute of Continuing Legal Education.
- Walled Lake
- Reeds & Reeds: Drunk Driving cases involve some of the most complex issues of any criminal case. Scientific evidence, such as Breathalyzer and blood test results. Dealing with these results at trial requires a detailed knowledge how these processes work.
- Warren
- Erich Goetz: The state of Michigan aggressively prosecutes people charged with drunk driving, operating while intoxicated (OWI). It is essential to aggressively defend against an OWI charge. If you are charged with OWI or OWVI (operating while visibly impaired), whether because you failed a breathalyzer or refused to take it, you will have a civil driver's license revocation proceeding and a criminal case happening simultaneously. An OWI conviction can result in large fines and court costs, court-ordered alcohol treatment, lengthy probation, loss of your driver's license, and even jail time.
- Michael Komorn: The following in an abbreviated list of the most important questions an attorney specializing in drunk driving should ask you before taking your case. 1. How long did the police officer wait before having you submit to a preliminary breath test? 2. How did you perform on the field sobriety test at the scene? 3. How long after the arrest was the breath or blood test given?
- Washington
- Sidney Suo: The adage that "a lawyer who represents himself has a fool for a client" is the product of years of experience. Often it is easier and far less expensive for the client to employ an attorney to prevent a problem than the cost of having an attorney resolve the problem. Since most attorneys offer an initial consultation for nominal charge, often without charge, before deciding if you should employ an attorney, call and ask what the possible attorney fee may be to assist you. If you know the law as well as the opposition and believe you are able to negotiate without the burden of emotion, perhaps you can handle the matter without an attorney. If, as most people, you have not been involved in an accident, purchased a home, involved in a failing marriage or required to go to court, you probably will be opposed by a person who knows far more than you.
- Waterford
- Todd Fox: Being arrested and charged with a crime is a frightening experience.
RETURN TO DRUNK DRIVING DEFENSE
|