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Trusted DUI Accident Attorney in Oakland County, MI

Although OWI/DUI charges are considered less morally culpable than other crimes, the legal repercussions can be anything but lenient. If you're facing OWI/DUI charges, you need a reputable DUI defense attorney in your corner. Look to Jose Fanego, the trusted DUI attorney in Oakland County, MI, to take on your case and protect your rights.
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Secure Aggressive Legal Backing

Many defendants believe they were fit to operate a vehicle and safely reach their destination or simply were unaware that their blood alcohol concentration exceeded the legal limit. Unfortunately, these arguments are obsolete in a courtroom. That's why securing aggressive legal backing with a DUI defense attorney in Oakland County, MI, is imperative.

Understanding DUI/OWI Charges

Operating while intoxicated (OWI) refers to a defendant driving with a BAC of .08 or greater. OWI and DUI are essentially the same charge, as they both refer to drivers operating vehicles under the influence of drugs and/or alcohol. However, in Michigan, persons charged for operating a vehicle under the influence are charged with OWI.

Jose Fanego’s DUI/OWI Defense Practices

As a time-honored DUI attorney, Jose Fanego is equipped to take on a wide spectrum of OWI/DUI cases. Whether it’s a first-time offense, a DUI probation violation, or anything in between, he understands the complexities of Michigan DUI laws and can build a solid defense for your case.

Is a DUI Considered a Traffic Violation?

In Michigan, a DUI is not a traffic violation but a criminal offense classified under the category of operating while intoxicated (OWI) or operating while visibly impaired (OWVI). However, depending on the circumstances of the arrest, a DUI may involve subsequent traffic violations. In any case, these matters call for dedicated legal counsel.

Implied Consent, OWVI, OWI, & DUI Charges

Michigan is an "implied consent" state. This means that by driving on a Michigan road, a driver has automatically agreed to take a blood alcohol concentration (BAC) or drug test at the request of law enforcement. Failure to comply with these requests can result in suspension of the defendant's driver's license.

Operating While Visibly Impaired (OWVI)

The legal limit is .08. However, that does not mean you’re in the clear if you are below the limit. Under Michigan law, individuals can be prosecuted for operating while visibly impaired (OWVI) even if they do not exceed the legal limit. This means at the time of the arrest, the driver visibly appeared less capable of safely operating a vehicle.

Penalties for Operating While Visibly Impaired (OWVI)

If you are convicted of OWVI, you are subject to a number of penalties. The potential penalties include:

  • Misdemeanor conviction
  • Maximum of 93 days in jail
  • Up to $300 in monetary fines
  • Community service up to 360 hours
  • Restricted license for 90 days
  • Four points on your driving record
  • Costly court fees

Operating While Intoxicated (OWI)

Operating while intoxicated (OWI) and driving under the influence (DUI) refer to defendants with a blood alcohol concentration exceeding .08. To be charged with OWI, the prosecutor must prove that the defendant was above the legal limit and physically or mentally unfit to operate a vehicle in a safe and normal manner.

Penalties for Operating While Intoxicated

First and second-offense OWI convictions are misdemeanor convictions. The potential penalties include:

  • Maximum of 93 days in jail
  • Up to $500 in monetary fines
  • Community service up to 360 hours
  • 30-day license suspension and 180-day restricted license
  • Six points on your driving record
  • Costly court fees

Operating With a High Blood Alcohol Concentration (Superdrunk)

Operating with a high blood alcohol concentration, also referred to as “superdrunk”, is a severe OWI charge. To be convicted of this type of OWI, the prosecutor must prove the defendant’s blood alcohol concentration was twice the legal limit, meaning 0.17 or higher. Penalties for this conviction are harsher than standard OWIs.

Penalties for Operating With a High Blood Alcohol Concentration

Operating with a high blood alcohol concentration (0.17 or higher) remains a misdemeanor. However, the penalties become much more severe, including:

  • 180-days in jail
  • $700 in monetary fines
  • 360 hours of community service
  • 45-day license suspension
  • One-year restricted license and mandatory ignition interlock device installation.
  • Six points on your driving record

Second Offense Penalties for Operating While Intoxicated

If you’re facing a second offense for operating while intoxicated, it’s still a misdemeanor. However, the penalties become more severe, including:

  • Maximum one year in jail
  • One-year license revocation followed by a petition with the Secretary of State to have it reinstated.
  • Up to $1000 in Monetary fines
  • Community service for 90 days

Third Offense Penalties for Operating While Intoxicated

Defendants with two prior OWIs charged with a subsequent OWI face the highest OWI penalties. Third offense OWI is a felony with penalties including:

  • One to five years in prison or 30 days to one year in jail with five years of probation
  • Up to $5000 in fines
  • 180-days community service
  • Vehicle forfeiture or immobilization

Determining OWI/DUI Penalties

Securing a renowned DUI defense attorney can play a pivotal role in your case, helping you to lower or dismiss OWI/DUI charges entirely. However, the exact penalty for these types of crimes is determined by the judge. The judge will determine consequences based on a review of the case facts and whether the defendant has prior offenses.

Expert Legal Representation

With unparalleled knowledge of Michigan's DUI laws, Jose Fanego is Oakland County's leading DUI defense attorney. With a dedication to vigorous representation, he takes the time not only to understand but also to get actively involved in your case. Combining a wealth of experience with tailored defense strategies to protect your rights, choose Jose Fanego for expert legal representation.

Personalized, Client-Centric Approach

Being convicted of OWI/DUI is more than just the loss of one’s license or legal penalties. It is an intensely personal matter. With over 28 years of experience in criminal defense, Jose Fanego believes in building respectful relationships with clients. Leading with discretion, transparency, and prompt response, choose a DUI attorney dedicated to personalized, client-centric legal representation.
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Secure Jose Fanego to Build Your Defense

Don't face the intricate OWI/DUI legal process alone. Secure a DUI defense attorney with an up-to-date understanding of Michigan's DUI laws and protect your freedom with Jose Fanego. Contact Jose Fanego, Oakland County’s trusted DUI attorney today to start building your defense.

Contact José Fanego Today