Drunk Driving Defense

It is essential in any drunk driving defense to have an Attorney represent you. For every Drunk Driving case that I undertake I do a thorough investigation to determine that your rights were not violated. First I look at whether the police officer had a reason to stop you. In the absence of a traffic violation an officer must have a reasonable and articulable suspicion of ongoing criminal activity to stop you. Second, I look at whether the officers had a reason to force you to submit to chemical testing. Officers must have reasonable cause to administer a breath test. This is accomplished by determining whether the officer administered Field Sobriety Tests in accordance with National Highway Traffic and Safety Administration guidelines. Third, I will determine if administrative rules were followed in administering the actual chemical test. Any deviation from approved methods of administering the Breathalyzer test will call the BAC results into question and provide you with a defense to drunk driving charges. I will often request in-car videos, 911 tapes, and dispatch tapes from the police department to bolster your drunk driving defense. The results of the investigation will assist in mounting a proper defense against charges for drunk driving .

DRUNK DRIVING PENALTIES

1st Offense

"OWI" Operating While Intoxicated:

* 93 days in jail. * $100 to $500 fine
* 360 hours of community service
* 30 Day Driver's License Suspension
* 150 Day Driver's License Restriction
* Six points added to driving record
* $1,000 Driver Responsibility Fee for two years

"OWVI" Operating While Visually Impaired:

* 93 days in jail.
* $100 to $500 fine
* 360 hours of community service
* 90 Day Driver's License Restriction
* Four points added to driving record
* $500.00 Driver Responsibility Fee for two (2) years

**SUPERDRUNK**

Michigan enacted a “Superdrunk” law that increases the penalties for a first offense drunk driving if the offender’s Blood Alcohol Content (“BAC”) is .17 or above. The new law includes a requirement for one (1) year of alcohol rehabilitation, up to one-hundred eighty (180) days in jail instead of ninety-three (93) days and fines of at least $200.00 to a maximum of $700.00. Further, a one (1) year driver license suspension is imposed if convicted under the new law. The first 45 days of this suspension is a “hard” suspension, meaning no driving is allowed. During the remaining 320 days, the offender is entitled to restricted driving privileges, but only if the offender pays to have a breath alcohol ignition interlock device (“Ignition Interlock”) installed on their car. Ignition Interlock requires a driver to blow into the device when first starting the car and again within the first five (5) to fifteen (15) minutes. The Ignition Interlock will not allow the car to start if it detects a BAC of .025 or more grams of alcohol per 210 liters of breath. Attempting to operate a car with Ignition Interlock with a BAC over .025 will result in twice the driving restrictions imposed. If a person convicted under the new law is caught driving a vehicle without Ignition Interlock the car will be immobilized for ninety (90) to one hundred eighty (180) days. If the car is immobilized there is an option to install Ignition Interlock, which would suspend the immobilization. The costs of installing Ignition Interlock is approximately $50.00 and the monthly fees can be as high as $100.00 a month.

2nd Offense

Any combination within SEVEN YEARS:

* five (5) days to one (1) year in jail
* $200.00 to $1,000.00 fine
* Thirty (30) to ninety (90) days Community Service
* Driver's License Revocation for a MINIMUM of one (1) year
* License Plate Confiscation
* Possible Vehcle Forefeiture
* Vehicle Immobilization ninety (90) to one hundred eighty (180) days
* Six (6) points on Driver's Record
* $1,000 Driver Responsibility Fee for two (2) years

3rd Offense

Any combination within lifetime (FELONY):

* One (1) to Five (5) years in Prison
* $500.00 to $5,000.00 fine
* Sixty (60) days to one hundred eighty (180) days Community Service
* Driver's License Revocation up to Five (5) years (See Driver's License Restoration)
* License Plate Confiscation
* Possible Vehcle Forefeiture
* Vehicle Immobilization One (1) to Three (3) years
* Six (6) points on Driver's Record
* $1,000 Driver Responsibility Fee for two (2) years

Disclaimer

The information on this website is for general information purposes only. Nothing on this or associated pages or documents should be taken as legal advice for any case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute an attorney-client relationship.