Driving under the influence (DUI) is a grave offense, especially in Detroit, Michigan. According to a DUI lawyer, punishments for drunk driving are taken seriously by the state. Some offenders even end up losing their jobs and paying debts due to large amount of penalty.
You can be accused of DUI in Detroit if your blood-alcohol content (BAC) is 0.08 or higher than this. However, even if your BAC is lower than 0.08, you can still be charged with a DUI if you are caught driving recklessly by a police officer. The officer can testify during the prosecution, where he will describe any behavior associated with drunk driving. This statement can be used to charge you with DUI.
You can be pulled over by a Detroit police officer if you are speeding, driving from one lane to another, crashing a red light, or if you are driving suspiciously or too slowly. To test whether you have been drinking or not, the officer will administer several tests. These may include standing on one leg, walking on a straight line, and following a light with your eyes without moving your head and neck. If the results of these tests are insufficient, you will be brought to the police station to undergo a BAC test. Turning down the test can lead to immediate suspension of your license.
Once you are charged with DUI, hiring the best Detroit DUI attorney will be a great help in your case. You can ask your family or friends for possible recommendations of lawyers who have handled cases similar to yours. Consulting with a Detroit DUI lawyer who is experienced can easily assist you in the process.
It is also important to hire a Detroit DUI attorney so you can avoid the grave penalties that come with DUI. Even first-time offenders can still be jailed for 93 days, and have their driver’s license suspended for 30 days; offenders also have to complete 360 hours of community service. Fines of first-time offenders can range from $100 to $500.
There are worse Detroit DUI penalties for second-time offenders, including license plate confiscation and vehicle immobilization for 90 to 180 days. They also have to serve five days to one year in jail, and 30 to 90 days of community service. Their fines can range from $200 to $1000.
Again, DUI is a serious offense in Detroit that requires an experienced criminal legal counsel, so knowing where you can find the best DUI lawyer will save you from getting jailed, paying fines and losing your driver’s license.
Drunk Driving – Astounding Facts and Statistics
Drunk driving is a plague in our society. There is no doubt that alcohol is the most controversial product in terms of age, health, laws and cause of accidents. According to the US National Highway Traffic Safety Administration, last year over 30% of car accidents were due to drunk driving. Most of these drivers who put themselves above the rest end up getting a DUI and spend their next 5 to 10 years in jail.
If you need a professional and experienced DUI attorney, do not hesitate to contact our Detroit Criminal Lawyer. Call us or ask for a free evaluation. Regardless of your age, you need to be aware of the negative consequences of drunk driving. Check out the following astounding facts and statistics and make sure you never drink again before hitting the road.
Over 109 million Americans (49% of those aged 12 or older) drink alcohol on a regular basis.
- The effect of alcohol can greatly decrease by not drinking more than one beer per hour.
- Moderate consumption of alcohol will not make you gain weight.
- Over 65 hospitals in the US have declared that they offer alcohol beverages to their patients.
- Moderate consumption of alcohol is seldom associated with enhanced cognitive functions.
- High protein foods such as cheese, peanuts, peanut butter, ham or red meat help slow the absorption of alcoholic beverages into the body.
- On average, a driver in the US will drive 80 times being drunk before being arrested the first time.
- Every 53 minutes, a person is killed in the US due to drunk drivers. That equals with 27 people on a daily basis.
- Almost 75% of those who were accused of DUI and had their driving licenses revoked continued to drive illegally.
- Kids and teens who are accustomed or addicted to alcohol from a young age are almost 8 times more likely to be involved in drunk driving crashes.
While alcohol is a must at a party, wedding or celebration, you must never overuse it. Moreover, when you are drunk try to stay away from driving a car. Ask a good friend to drive in your place or rent a room at a hotel nearby. However, in case all of this is too late for you and you were accused of DUI, you need a professional, affordable, aggressive and experienced criminal defense lawyer. If you live in Detroit, Michigan, do not to hesitate to contact us and leverage the top-quality service offered by one of the best DUI attorneys in the state of Michigan.
Drunk Driving FAQ
Is drunk driving a misdemeanor or a felony?
It depends. For example, first (OWI 1) or second (OWI 2) drunk driving charges are generally considered misdemeanors. A third (OWI 3) or higher drunk driving charge is a felony. However, an OWI causing death or serious injury will almost always result in a felony.
So, what are the various drunk driving charges?
Although often simply referred to as “DUI” or “DWI” by many, here are the categories and the “proper names” for the charges in Michigan for a first-time drunk driving offense:
|OWI (Operating While Intoxicated)
|OWVI (Operating While Visibly Impaired)
(Unlawful Bodily Alcohol Level/Content)
Can I get jail time if I am convicted of a first-time offense?
Yes. It can and does happen. A first-time convicted offender also faces the possibility of:
- up to 93 days in jail
- up to a $500 fine
- up to 2 years’ probation
- up to 360 hours of community service
- up to 6 points on a driver’s license
- up to 180 days with a suspended license, with a restricted license possible after 30 days
- driver’s responsibility fees up to $1000 year for 2 years
Do I have any rights at the time I am pulled over?
Of course. You have the right to remain silent and the right to refuse field sobriety tests. You do not have to volunteer any incriminating information, however, never lie in the place of the truth. You can also refuse a preliminary breath test (PBT) although doing so will result in a civil infraction and fine (a misdemeanor if you are in a commercial vehicle). Remember to always be polite and respectful even if you are refusing to cooperate on any level.
Will my case be dismissed if the police didn’t read me my Miranda rights?
Not necessarily. It may possibly result in certain statements being suppressed under certain circumstances, however, the failure to advise you of your Miranda rights does not result in the automatic dismissal of the case against you.
Can I refuse to take a Breathalyzer test if the police ask for me to do so?
You should not do so. You must submit to a chemical breath test by law when properly requested by the police. If you refuse to do so, it will likely result in a one (1) year suspension of your drivers unless a limited set of exceptions apply.
Why should I contact a lawyer at all if I am charged with drunk driving?
Several reasons. An experienced attorney knows the laws and will act as your advocate to solely defend your interests. Often, various pieces of important evidence, such as 911 audio tapes, police cruiser recordings of your field sobriety tests, booking and/or breath testing, will be quickly “recycled” or destroyed shortly after your arrest if you do not demand them to be preserved in a timely manner. This evidence may possibly provide the very core of your defense. It may also provide necessary proof that your version of events is accurate and that the officer is not being candid or truthful in their written or oral account of your arrest.
Can I lose by driver’s license if I am convicted of drunk driving?
If you are convicted of OWI 1, your license will automatically be suspended for 30 days and then restricted for the next 150 days thereafter. If you are convicted of OWVI (impaired), you license will be restricted for 90 days. If you are convicted of OWI 2, your license will be revoked for a minimum of 1 year and you must apply for reinstatement to obtain it back. For OWI 3, you will have your license revoked for 5 years and also must be apply for reinstatement.
What are driver responsibility fees?
Following a conviction, these are additional fees imposed by the Secretary of State designed to penalize or tax drivers. These fees are imposed by the State of Michigan and are above and beyond any fines and costs due and owing to the court. An OWI conviction will result in fees of $1000 per year for two (2) years. An OWVI conviction will result in a fees of $500 per year for two (2) years. If you don’t pay the fines, the Secretary of State will suspend your license indefinitely.
Why do I need an attorney for a DUI or OWI charge?
When an individual is facing a DUI or OWI charge, the likelihood of a better outcome is increased when you have legal representation. The attorney can review all the evidence against you, and there are often errors in law enforcement procedure, testing or other part of your case that make it possible to defend you aggressively.
Will I go to jail for a first DUI charge?
It is possible if you go to court without an attorney that you will be spending some time in jail. There are alternatives and with the assistance of a skilled Michigan DUI defense lawyer, these alternatives can be aggressively fought for.
I have an earlier DUI conviction. What will happen to me?
A second DUI conviction is a very serious legal matter. You will have your driver’s license suspended/revoked for a minimum of 1 year, if the earlier offense was committed within the past seven years. Your vehicle may be forfeited depending on the case. You will be spending between 5 days to 1 year in jail. A conviction is very serious on a second DUI offense, and it is strongly advised that you contact us to have your case immediately reviewed and evaluated by a DUI defense attorney. Alternatives could be sought.
I refused the breath test, as I thought this was a good idea. What will happen?
If you refuse the breath test in Michigan, you will lose your driver’s license for one year. Michigan has “implied consent” laws that make it illegal to refuse the test. However, if you have done so, it is crucial that you contact our Law Firm immediately, as papers must be filed within 14 days if you hope to make it possible to continue to drive after the refusal. You have the right to be represented by an attorney, and this is strongly advised.
What types of DUI cases can your firm help me with?
Our experienced DUI defense team assists clients with any type of drunk driving charge, including standard DUI/OWI, OUID, felony drunk driving and OUIL causing death. Whether this is your first arrest, or you are facing a second, third or subsequent offense, we have the resources and experience to help.