Frequently Asked Questions

Michigan Penalties for DUI Offenses

Below are Michigan DUI penalties in effect for individuals convicted of a drunk driving offense.

OWI, First Offense - up to 93 days in jail, fines of $100 to $500, 360 hours (45 days) community service, vehicle immobilization at the court's discretion, possible ignition interlock device during probation.

OWI, Second Offense - Jail time of 5 days to one year, fines of $200 to $1,000, minimum 30 days community service (maximum 90 days), possible ignition interlock device during probation, mandatory vehicle immobilization.

OWI, Third Offense - Prison time of one to five years, fines of $500 to $5,000, minimum 30 days probation with jail (maximum of one year), minimum 60 days community service (maximum 180 days), possible ignition interlock device during probation, mandatory vehicle immobilization.

OWVI, First Offense - up to 93 days in jail, fines of up to $300, 360 hours (45 days) community service, vehicle immobilization at the court's discretion.

OWVI, Second Offense - Jail time of 5 days to one year, fines of $200 to $1,000, minimum 30 days community service (maximum 90 days), mandatory vehicle immobilization.

OWVI, Third Offense - Prison time of one to five years, fines of $500 to $5,000, minimum 30 days probation with jail (maximum one year), minimum 60 days community service (maximum 180 days), mandatory vehicle immobilization.

UBAC/UBAL, Unlawful Bodily Alcohol Content/Level, First Offense - up to 93 days in jail, 360 hours (45 days) community service, fines of up to $500.

UBAC/UBAL, Second Offense - up to one year in jail, fines of up to $1,000, 360 hours (45 days) community service.

Other factors will determine the penalties you face if convicted of a drunk driving offense, including whether any individual was injured, or lost his/her life as a result of your actions (for example, an accident which may be attributed to driving under the influence). Examples of these penalties are below.

OWI Causing Death - Prison time of 15 years, fines of $2,500 to $10,000, mandatory vehicle immobilization. If a firefighter or police officer dies, it is considered a violation of 257.653a. Penalties for this crime are the same other than you will be sentenced to 20 years in prison.

OWI Causing Serious Injury - Prison time of five years, fines of $1,000 to $5,000, mandatory vehicle immobilization.

Driver's License Suspension

Every DUI crime is penalized by license suspension, which is handed down by the SOS (Secretary of State). If you are a first-time offender and convicted of OWI, your license will be suspended for 30 days, followed by 150 days of restricted driving privileges.

By law, you are required to submit to a breath test when requested by the police. However, refusal to take a preliminary breath test offered on the side of the road is a civil infraction punishable by a fine and no other penalties. Refusal to take the test at the station can result in a one year suspension of your driving privileges unless one of four rights are violated. Failure to act immediately to challenge the accusation that you refused the test may result in you unknowingly waiving your rights to fight the case. DO NOT DELAY in contacting a DUI attorney.

First, you want a Michigan OWI / DUI lawyer who will listen to you, explain your case to you and answer your questions. Your freedom and your driving privileges are at stake, and you deserve information. Second, you want a lawyer who is knowledgeable of the constitutional and statutory aspects of drunk driving cases. Third, you want a DUI defense attorney who understands the scientific evidence, such as breath and blood test results that will be at issue in your case. Finally, you want a lawyer who knows the local prosecutors, judges, practices and procedures, which will be helpful in securing a dismissal or making sure you receive the lightest punishment possible under the circumstances. It is crucial that your lawyer have a great deal of experience with OWI / DUI cases specifically. Many lawyers don’t know what they don’t know and lead clients down the wrong path.

No. You have the constitutional right to remain silent. In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question. It is a good idea to talk to a lawyer before agreeing to answer questions. In general, only a judge can order you to answer questions.

The police generally do not need to obtain a warrant in order to search a vehicle if they have probable cause for the search. This is often referred to as the motor vehicle exception to the Fourth Amendment’s warrant requirement. The two factors of that allow this exception under the law are: the reduced expectation of privacy inherent with an automobile, and the immediate mobility of the automobile. Probable cause is determined by the facts of a particular situation (open container in plain sight, smell of alcohol, etc) There is no single rule that can cover every circumstance. However, police are required to have a reasonable basis upon which to believe incriminating evidence exists inside a vehicle before conducting a search.

Most people have the general understanding that the police have to read them their rights. One of the most frequent complaints we hear about police is that they did not read Miranda rights to people being investigated or arrested. In fact, the police must read a suspect the Miranda Rights only when two circumstances are met: first, the suspect is in police custody, and second, the police are subjecting the suspect to interrogation. If the suspect is not considered to be either in custody or interrogated, there is no requirement that he or she be given the Miranda Rights. As you might suspect, there have been countless thousands of hearings held throughout the country examining the issue of whether a criminal defendant was in custody, or whether the conversation which occurred amounted to an interrogation. There have been many legal developments over exactly what constitutes a custodial interrogation of a suspect. It is best to consult with an attorney about your particular situation.

People searching for a great attorney should remember the maxim, “you get what you pay for“. Criminal defense lawyers charge fees in different ways. Some charge an hourly fee for all work conducted in the file. Others charge flat fees for the case. The flat fee is, perhaps, the worst possible choice a client can make for selecting a lawyer. You’re hoping for a lawyer who will investigate every tiny aspect of the case looking for a loophole or a defense. If an attorney has been paid a flat fee his motive for going that extra mile is in doubt. What’s more, it only makes sense that an attorney would charge more if the case is in a courthouse known for its obstacles and slow pace. An attorney may charge less or more once he knows which judge is assigned to the case and what time commitments that may imply. If you want the best defense, expect to pay a higher than standard fee. It is reasonable, however, to ask that an attorney allow for some sort of payment plan. Realistically, nobody has a rainy-day fund for the day they may need a criminal defense lawyer. For that reason, it makes sense that an attorney should work with the client provided the client has made a serious contribution to the fees upfront. A good drunk driving defense can range from $5000 to over $15,000. Speak honestly with your lawyer about your ability to pay and see if you can work as a team.

The more information you give José Fanego, the better. When we are assisting you in a case, it is often extremely beneficial to share as much detail about yourself as you can. There may be an explanation hidden in your details as to how you managed to find yourself in your situation. With more detail, our experts can build a strong case for you to show your character. This can be helpful when it comes to going to court. Showing the prosecutor that you are a well-rounded person that is involved in beneficial things, such as being involved with your church or being a caretaker, can really show what kind of person you are.

When you meet with our attorney for the first time, it is important that you ask about his extensive experience dealing with cases like yours. You should also be sure to ask about the court and the prosecutor that is handling your case. Discussing this can be beneficial to help you know what to expect when processing your case. It is also vital that you ask your lawyer how many clients they have had with a similar experience as you. Asking these questions will ensure that our lawyer is a good fit for you and will give you confidence in knowing that they can manage your situation correctly and effectively.

A felony is a serious crime that usually involves some sort of violence. Felonies are often punishable by imprisonment. Additionally, an offense that lands a person in prison for longer than one year is considered a felony. Felony arrests stay on your criminal record for a lifetime, and they can be used against you in future hearings and cases. Misdemeanors are petty offenses and are less serious crimes than felonies. A misdemeanor is generally punishable by up to 93 days in jail, but a high misdemeanor is punishable by up to two years in prison. The punishment given for a crime is usually the determining factor of which category it falls into.

The most common mistake that people make when dealing with a criminal case is to wait to do anything until they show up to court. It is vital that you go to court with a plan. It is also important that you know that it matters who your lawyer is. Ensuring that you show up to court with a plan for every step of the process and ensuring that you have secured good legal counsel will help you get the best possible outcome for your situation. You should also make sure that you do not show up with bad behavior or under the influence of substances.

The biggest difference between private attorneys and public defenders is how much time that person has to work on your case. Private attorneys have more time to closely evaluate your situation and work with you effectively, while public defenders often have several cases they are working on at one time. The lack of time that public defenders have will negatively affect your case because they simply do not have the time to evaluate your situation thoroughly. This does not mean that public defenders cannot get the best outcome for you, but it is more likely that you will get the help you deserve when working with a private attorney.

In Oakland County, MI, when certain judges sentence you to jail time, you can pay the fines you still owe from your case to reduce the amount of time you serve in jail. This is only allowed by some judges and will vary from case to case. The amount of money for a one-day reduction is usually around $60. You can only pay for days off up to the amount that you owe. That means if the remaining fines that you owe are $1,000, you will only be able to get a reduction of about 16 days off of your sentence.

If you have been charged with a criminal offense, your visa may get nullified. This does not mean that you are considered an illegal citizen in the eyes of the criminal court. The court will nullify your visa when you are on trial in order to prevent you from leaving the country. With a nullified visa, you will have bond conditions that are put in place to ensure your attendance at trial. In this case, you should seek our expert counsel and not leave the country until the trial is complete.

A Personal Protection Order (PPO) is given to someone when there is a threat from someone else. A PPO is put in place to protect a person from another person who may be harassing, threatening, or hurting the other person. If you violate a PPO that is ordered against you, you may be arrested if the officer has a reasonable cause that leads them to believe that you violated the order. If you have violated the order and law enforcement officers cannot locate you, they may decide to file a warrant request for stalking or aggravated stalking, depending on the situation.

In the case that your probation officer is stating that you violated your probation when you feel you have done nothing wrong, it is important that you do not plead guilty to the violations. Some judges may be tough, but they do not want to lock up innocent people. It is vital that you have an attorney that is experienced with your type of case and is familiar with the judge to help you navigate these supposed violations. If they say that your tests are adulterated, there are circumstantial ways to prove that you did not violate your probation.

If you have been charged with a DUI or OWI in Oakland County, MI, it does not automatically mean that you will have to serve jail time. There are several factors that are taken into consideration when you receive a DUI conviction to determine your sentencing. Whether or not it is your first offense is one factor. If you are a repeating offender, the sentences will go up. Your punishment will also depend on your blood alcohol level and whether there was injury or death involved. Getting the best possible sentence will require our expert counsel, so make sure you contact us as soon as possible.

When deciding on a DUI lawyer in Oakland County, MI, you will need to ensure that you choose a criminal defense lawyer that listens to you, answers your questions, and takes your case seriously. With a DUI charge, there is a lot at stake, including your driving privileges and freedom. Your lawyer should be highly knowledgeable in all aspects of drunk driving cases, including the evidence. This means that your lawyer should be well versed in the processes of field sobriety tests and other testing that is administered at the time of the arrest. Your lawyer should have plenty of experience handling OWI/DUI cases.

Since the fees vary depending on the case, our team makes sure to discuss our fees upfront with you. The price that you can expect to pay depends on how much time your case will take, how many resources must be invested, and if there are any independent tests that need to be ordered. When you reach out to us, we will discuss your situation and then provide you with a specific quote. We promise to be upfront about our costs because we know how important it is to manage your finances when dealing with the law.

For a first offense in Oakland County, MI, an OWI/DUI conviction will get your license suspended for 30 days and restricted for 150 days. Your license will be restricted for 90 days on an OWVI first-time offense. For both OWI and OWVI second offenses within seven years, your license will be revoked for a minimum of one year. With a third offense within ten years, your license will be revoked for five years. The punishment for DUIs/OWVIs is severe, which is why you should seek our legal counsel as soon as possible when facing these charges.

According to Michigan’s implied consent law, you are required to take a breath test when a police officer requests it. However, if you refuse to take the roadside preliminary breath test, you will receive only a civil infraction that is punishable only by a fine. If you refuse to take the breath test at the station, you may receive a one-year suspension of your driving privileges. If you have refused a breathalyzer test at any point, it is vital that you contact our team right away to avoid waiving your right to fight the case.

Depending on what court you go to, the fines will vary. You can expect to pay between $500 and $1,000 in court fines and costs. Additionally, there is a hidden expense known as the Driver Responsibility Law, which is a tax that was introduced in 2003 to raise money by penalizing drivers. This law adds separate fines to drivers who have DUI convictions. The fine for OWI/DUIs is $1,000 per year for two years, and the fine for OWVIs is $500 per year for two years. Failure to pay these fines will result in your license being indefinitely suspended.

If you have been pulled over for a DUI stop, it is important to remember that you should never say “I only had two beers.” This statement is made by the majority of people who get pulled over for DUI stops. To the police officer, this statement is a clue that you have probably had more than two beers. However, the statement will not affect the overall outcome of your DUI. The outcome will heavily weigh on the breathalyzer test, blood test, and field sobriety tests that are administered to you. These results are more important than the statement.

In order to hear a “not guilty” or “case dismissed” statement from the prosecutor requires heavily experienced legal counsel. These statements are often a result of insufficient evidence to convict you of the DUI. However, it starts with a lawyer that knows what they are doing. Our legal team will review your case and find any discrepancies in the procedures and the process. This is how you ensure that unlawful evidence gets thrown out of court. With our help and careful review, you can attempt to be found not guilty or have your case dismissed.

When fighting a DUI charge, you need to ensure that you have proper legal counsel and that you work with your lawyer to gather and review all of the evidence thoroughly and carefully. The biggest mistake that people make is that they do not adequately prepare for their cases. It is vital that your legal attorney knows the ins and outs of DUI cases. Another mistake that is often made is people will admit to things that they should not. For example, telling an officer that you knew you should not have been driving is a mistake.

Many people don’t know that they have court cases that can be adequately challenged for different reasons. For those who have health conditions such as acid reflux or diabetes, their preliminary breath test can be thrown out of evidence for being inaccurate. Also, if the test is administered incorrectly, it can be suppressed. In some situations, there was never an adequate reason for the police officer to pull someone over so the case could be dismissed. It is necessary to have a knowledgeable lawyer to help you fight your case and help find these opportunities for evidence to be dismissed.

The possible sentencing for a repeat DUI offense is much higher than that of a first offense. For a second DUI, the minimum jail time is five days, with a maximum of one year. This range of possible jail time is a huge reason to have a great attorney on your side. Additionally, your license and driving privileges are at stake. Even if you are found guilty of the charges, it is important that all of the information is presented in the best way possible so that you get the least amount of punishment possible.

A blood test can always be fought. There are a lot of issues that can occur with blood tests. The tests can be incorrect due to the preservatives that are used in the kit, delays in the testing time period, the chain of custody of the test, and the skill and reputation of the blood testing facility that is used. If you have been blood tested for a DUI, it is imperative that you have a legal attorney that is well-versed in the DUI law so that it can be challenged properly.

You can send a letter directly to the judge without filing with the court first if you wish. A letter is a good idea, but it should consist of a thoughtful explanation of what is best in your case, why you want it, and why you need your sentence to be changed. However, the best option is to have your lawyer, who is familiar with the judge, write a motion to modify the terms of your probation. This is the better alternative to writing a letter yourself.

In the event that your case was closed and the court never notified the SOS, you should go directly to the court and explain the problem you are having. In this case, if the SOS is not notified, it means that you cannot get your license back yet. When the case is dismissed, your license is supposed to be returned to you. Going directly to the court will encourage them to notify the SOS that the case is closed and how it was resolved, and then you should be able to get your license back.

If you received a speeding ticket and your record is clean, it is absolutely worth fighting in court. The best time to fight a ticket is when you have a clean record. With an experienced traffic lawyer, you can negotiate the best plea bargain when you have a clean record. In most cases, a deal can be made to reduce the ticket to something that will not show up on your record. Then, if it happens again, you will have a better chance of avoiding points on your record because it is still clean.

If you have a ticket that you know you are guilty of, it is still worth fighting. With an experienced criminal defense attorney, you may get a reduction in the number of points you receive for a ticket. The number of points can often be negotiated down, and in some cases, the ticket will be eliminated altogether. Typically, if the officer didn’t already give you a break on the ticket, they will agree to a reduction when you have a knowledgeable lawyer involved. That is why it is so important to seek expert legal counsel when dealing with the law.

Many courts in Oakland County, MI recognize how busy most people are and acknowledge that taking time off work is not always in the cards. A lot of courts are now offering the option to allow traffic ticket attorneys to represent their clients without their clients being present when it comes to traffic matters. If you give your attorney permission to negotiate on your behalf, you will not have to go to court for the traffic matter. On the other hand, if you want to fight the ticket with a hearing, then you will have to be present in court.

The Drivers Responsibility Law in Michigan is a tax that is put on bad drivers that fines them for certain traffic violations. If a person has more than seven points on their record, the fee starts at $100. For every point increase, the fee increases by $50. If you have 18 points, the fee is $650. After you have reached the point threshold, you will have to pay the fee for two years. Not paying the fee will result in your driver’s license being suspended. More serious traffic violations, like DUIs, have higher fines.

If you have any outstanding warrants out for your arrest, the best thing you can do is go into the station and surrender yourself to the police. When you go in voluntarily versus being picked up and arrested, you will typically receive a lower bond amount. If you can afford an attorney, you should get one to assist you, but if not, then use a court-appointed attorney. When you go in, you should be prepared with some cash for bond and an explanation as to why you waited to turn yourself in.

If you have been caught driving without insurance, you can expect to pay some hefty fines. The ticket is quite expensive, and it carries with it the Driver Responsibility fee. Driving without insurance in Oakland County, MI is also a misdemeanor. You should get insurance immediately so that you can show up to court with proof that you now do have insurance. It is possible to negotiate the charges down to a civil infraction if you follow these steps. Acquiring a criminal defense attorney to assist you during this process will also be very beneficial for you.

In the event that you have been charged with a speeding ticket and you are unsure if there is evidence for which speed you were going, you should request a formal hearing and appear in court. When you appear in court, you should tell them your circumstances and intend to make a deal. With a good record, it is likely that they will improve the ticket on those grounds. However, the same fines may apply, or they may even be higher if you get a good deal.