DUI/OWI Drunk Driving

Contrary to popular belief, not all drunk driving cases are ‘open and shut’ cases. Determining what type of defenses are available requires a thorough review of the evidence in each case. Miranda thoroughly reviews the incident reports, in-car videos, booking videos, datamaster logs, lab reports and all other evidence to determine your legal options. Some of the issues he examines are:

  • 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?
  • What were the conditions like in the area where the client took 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 charge. Miranda understands the impact that a drunk driving charge can have on a client’s life. Miranda can put you in touch with substance abuse experts and counselors who will help you with any problems you may be experiencing and who can help place your situation in the best light to the court. He can also assist you with any driver license sanctions and driver license restoration. Miranda knows that her clients trust her to help them in making the right choices. She takes this bond of trust very seriously. For a free consultation give her a call today at 989.448.2188 or fill out the Free Consultation form to the right.

MICHIGAN DRUNK DRIVING PENALTIES

“Super drunk” (.17 BAC or higher)

  • Misdemeanor
  • Up to 180 days in jail
  • $200 to $700 fine
  • Mandatory alcohol treatment for one year
  • One year license suspension; eligible for restricted after 45 day suspension if blood alcohol ignition interlock device installed in vehicle.
  • Six points on driving record
  • Court may immobilize vehicle up to 180 days

Operating While Intoxicated

Operating While Visibly Impaired

  • 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
  • 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

Operating While Visibly Impaired
2nd Offense

  • 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
  • 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

Operating Visibly Impaired
3rd Offense

  • 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
  • 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

Zero Tolerance

  • Misdemeanor
  • Up to $250 fine or up to 60 days community service, or both
  • 30 days restricted license