Drunk Driving

CONCERNED ABOUT LOSING YOUR DRIVERS LICENSE AND JAIL TIME?

Most of my clients tell me these are there two biggest worries when confronting Michigan OWI (Operating While Intoxicated) charges. And for good reason – depending upon your situation, these are potential sanctions. However, it is important to keep in mind that other, more favorable outcomes exist, such as dismissal, a not guilty finding, or plea bargaining for a reduced charge or lighter sentence.

GET HELP DEFENDING YOUR MICHIGAN OWI (OPERATING WHILE INTOXICATED) CASE

Put my experience defending your OWI (Operating While Intoxicated) case to work for you. I have been an attorney since 1989 – that’s 20 years of legal experience. My background includes trials and hearings. As a Michigan lawyer, I know drunk driving cases call for diligent representation at reasonable fees. Call me for a free phone consultation.

HOW I CAN HELP YOU WITH YOUR OWI CASE

As a Michigan attorney, I often get the question, “How can you help me with my DUI / OWI / Operating While Intoxicated case?  You will find below an outline of some steps that might be taken.  Keep in mind that every Michigan OWI case is different and different OWI cases often require different approaches.  Your operating While Intoxicated case may require a different approach than what is set out below as an example:

• Strategy: Advise on the best course of action with the goal of achieving the best possible outcome on your OWI (Operating While Intoxicated) case. What follows are a few examples of important decisions that need to be made: What pretrial hearings, if any, should be held? Which witnesses should you call to testify? Should you testify? Should you negotiate? Is the proposed offer by the prosecutor reasonable?
• Prepare all court filings: Examples: motions and briefs on evidentiary matters.
• Evidence: Gather and submit key evidence, such as in-car and in-station video and breathalyzer logs.
• Negotiate: When appropriate, negotiate a favorable plea reduction.
• Trial: Present evidence to the court. Examine and cross-examine witnesses. Argue your OWI (operating while intoxicated) case to the Judge or Jury.

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ADDITIONAL INFORMATION ABOUT OWI OR OPERATING WHILE INTOXICATED IN MICHIGAN

MICHIGAN LEGAL LIMIT LOWERED

In 2003, Michigan lowered the legal limit from .10 to .08! This means that even more will be arrested in Michigan for drunk driving. For example, a 120-pound individual who has 3 drinks in his or her body will be over the limit; a 160-pound individual who has 4 drinks in his or her body will be over the limit. Many individuals don’t realize this.

OPERATING WHILE INTOXICATED (OWI) AND OPERATING WHILE VISIBLY IMPAIRED (OWVI) DEFINED

There are two charges of drunk driving / DUI called Operating While Intoxicated (OWI) and Operating While Visibly Impaired (OWVI). With regard to Operating While Intoxicated or OWI, the prosecution must prove that the defendant was under the influence of alcohol (ability to operate vehicle substantially lessened) or that a blood alcohol level was .08 or more. To prove Operating While Visibly Impaired or OWVI, the defendant must have driven with less ability than would an ordinary careful driver.

POSSIBLE PENALTIES

First and foremost, Operating While Intoxicated (OWI) and Operating While Visibly Impaired (OWVI) are crimes. Possible penalties, depending upon the offense, are:

• Jail
• Fines
• Community Service
• Attend alcohol programs

What’s more, your driver’s license is on the line. Possible penalties for Operating While Intoxicated (OWI) in Michigan are:

• Restrictions, suspension or revocation of license
• Points
• Plate confiscation
• Vehicle immobilization
• Vehicle forfeiture

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THE GOOD NEWS

While conviction for Operating While Intoxicated (OWI) and Operating While Visibly Impaired (OWVI), is a real possibility other, more favorable outcomes exist, such as:

• Not guilty: A judge or jury could find you not guilty after a trial.
• Dismissal: Your case may be dismissed after a hearing based upon some deficiency in the prosecution’s case.
• Plea: You may plea bargain for a reduced charge or lighter sentence.

OWI DEFENSES

Defenses may provide grounds for your case being reduced, dismissed (thrown out) or an acquittal. Some examples of defenses for Operating While Intoxicated (OWI) and Operating While Visibly Impaired (OWVI) include:

IMPROPER STOP

The police must have a proper basis to stop your vehicle.

IMPROPER ARREST

The police must have sufficient evidence to justify the arrest – they must have probable cause.

CHEMICAL TEST DEFICIENCY

The police may, for example, fail to follow proper procedure in the administration of the test or fail to properly maintain or calibrate the machine. For example, in a recent OWI (operating while intoxicated) case I handled, I obtained video depicting the test. This video was important because it showed that the police officer failed to observe my client for 3 minutes during the 15 minute observation period before administration of the test.

RISING BLOOD ALCOHOL

Your blood alcohol level may have been higher at the time of testing than when you were driving.

POLICE OFFICER ERRORS

Errors in the police report can affect the officer’s credibility. For example, in a recent case, the police claimed that they observed my client swerve over the yellow line and, when he was counting backwards from 95 to 85, failed to stop counting at 85 as instructed. Untrue. The in-car video showed the opposite to be true. These types of errors can greatly weaken the prosecution’s case.

YOU PASSED THE SOBRIETY TESTS

If you passed the sobriety tests (these are the physical tests like walk and turn), this is strong evidence in your favor.

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MICHIGAN LOCATIONS
As a Michigan attorney, OWI cases can be handled in almost any location. I handle cases throughout Wayne, Oakland, Macomb, Washtenaw, Monroe and Livingston Counties. Call me for a free phone consultation.