Michigan Drunk Driving AttorneysDefending a DUI in Michigan
Most people refer to drunk driving offenses as DUIs. There are many other names for drunk driving in addition to DUI— these include OUI, OUIL, and UBAC—but technically, in Michigan, the main drunk driving crimes are called Operating While Intoxicated (OWI) and Operating While Visibly Impaired (OWVI). Michigan’s drugged driving crimes are called Operating with the Presence of Drugs (OWPD) and Operating under the Influence of Drugs (OUID).
Defending accusations of drunk driving or drugged driving in Michigan is a complex process. It takes a great deal of time and expertise in order to provide a superior level of legal representation for these charges, particularly when there is strong evidence against the driver. An experienced drunk driving attorney should understand the law, of course. But equally important is that the lawyer understands the science behind the tests that are administered by the police. This is why anyone charged with drunk driving or drugged driving needs an aggressive and knowledgeable defense attorney on their side. At Kronzek and Cronkright, our experienced drunk driving defense lawyers know exactly what it takes to represent Michigan clients facing OWI or other charges in Michigan.
Many people we speak with wonder why they should hire a lawyer if their blood alcohol concentration (BAC) is above the legal limit of .08%. They believe there is nothing a defense attorney can do when the prosecutor is armed with that evidence against them. It is true that a BAC above the legal limit will likely be used against a defendant in court. However, if that evidence is suppressed by a legal challenge, the prosecutor’s case against the defendant is significantly weakened and may be completely dismissed. There are a number of ways a good drunk driving lawyer can get BAC evidence suppressed in court, including proving that the officer made a mistake when administering the Preliminary Breath Test, DataMaster test, or blood test; or that the equipment was not calibrated correctly or was malfunctioning. Also, a defense attorney may be able to show that a poor performance on any Field Sobriety Test was not the result of intoxication, but of something else, such as weariness, illness, physical condition, uneven ground, restrictive clothing, weather, or high traffic volume in the area. No two cases are exactly alike and not every case has the potential for suppression of evidence. However, our drunk driving defense team has successfully represented hundreds of people charged with drunk driving in Michigan.
Drunk driving and drugged driving in Michigan
In Michigan, it is illegal for a person to operate a motor vehicle while: (1) intoxicated or impaired due to the use of alcohol or drugs, (2) having a blood alcohol concentration of .08% or greater, or (3) having any presence of a Schedule 1 drug or Cocaine in his or her system. It is important to note that a person can have a BAC of less than .08% and still be prosecuted for drunk driving if the officer feels the person is driving in a manner that is impaired, which means below the reasonable abilities of a normal driver in that situation.
Penalties for drunk driving and drugged driving
The potential penalties for drunk driving and drugged driving depend on exactly which crime a defendant is convicted of, whether it be OWI, OWVI, OWPD, Under 21, Open Intoxicants, or Child Endangerment. Across the board, penalties may include driver’s license sanctions, such as a restricted license, suspended license, or revoked license; jail or prison time; mandatory fines; ignition interlock; vehicle immobilization; community service; points on a driver’s license; or probation. These penalties will likely increase if the driver caused serious injury or death to another person as a result of drunk or drugged driving.
A person’s first drunk or drugged driving offense is usually a misdemeanor. A second drunk or drugged driving offense within seven years of a first offense is also a misdemeanor. However, a third or subsequent drunk or drugged driving offense in a lifetime is a felony charge. Clearly, these charges are something to be taken seriously, especially after a first offense.
Aggressive defense lawyers
When a suspect is facing OWI or other drunk or drugged driving charges in Michigan, they need the help of a highly-skilled Michigan DUI Defense lawyer. There will be no one else in the courtroom or anywhere in the criminal process who will diligently work to protect your rights and safeguard your future except your criminal defense attorney. At Kronzek & Cronkright, our attorneys are experienced and willing to work hard aggressively representing clients charged with drunk or drugged driving in Michigan. If you have been arrested for these crimes, call us to find out how we can help! We offer a free initial consultation.
Call us today at 866-7-NoJail.
|
