Drunk Driving

Michigan Drunk Driving Attorneys

Michigan has two basic levels of drunk driving offenses:

Under the Influence offenses, including Operating While Intoxicated (OWI), Operating While Visibly Impaired (OWVI), Operating Under the Influence of Drugs (OUID) and Operating with the Presence of Drugs (OWPD), can be based upon any driving that is visibly affected by alcohol, a controlled substance, or a combination of the two. Michigan law presumes that driving is under the influence when a driver’s blood-alcohol content (BAC) is greater than .07. However, a person can theoretically be convicted of impaired driving with virtually any amount of alcohol in their blood stream. OWI (formerly called Operating Under the Influence of Liquor, or OUIL) requires that a driver's ability to operate a vehicle be visibly and substantially impaired.

Per-se offenses require proof that when a person operated his/her vehicle the driver’s BAC was .08 or higher. A person will be charged with Unauthorized Blood Alcohol Level (more commonly known as UBAL) when the prosecutor believes there may be a problem proving a driver was under the influence because s/he did not exhibit physical symptoms of intoxication or demonstrate poor driving, but feels confident about proving a BAC above the legal limit.

Before October 31, 2010, Any first offense drunk driving charge is a misdemeanor punishable by up to 93 days in jail.

Beginning October 31, 2010, the so-called "super drunk" law takes effect, changing the punitive and license sanctions for one category of OWI convictions only - first offenders with a BAC of .17 or higher. A "super drunk" first offense OWI charge is punishable by up to 180 days in jail, license suspension for 1 year - 45 days "hard" suspension with driver eligibility for restricted operating privileges for the remainder of the year IF the driver also installs a breath alcohol ignition interlock device (BAIID), and a mandatory 1 year treatment requirement.

Second offense drunk driving. Michigan law makes a second offense drunk driving charge occurring within 7 years of a prior drinking/drugged driving conviction, a misdemeanor. It is punishable by up to one year in jail, whether the conviction is for OWI/OUIL, UBAL, OUID, OWPD, or OWVI. Also, any second offense conviction occurring within 7 years of a prior drinking/drugged driving conviction will bring about a revocation of your driving privileges for a mandatory minimum of 1 year. If you are subsequently arrested and convicted of Driving While License Revoked (DWLR) during this mandatory 1 year minimum period, your license will be revoked for an additional year. You will also want to discuss vehicle immobilization issues with your attorney.

Any third offense within your lifetime is a felony. Under recent revisions made by the Michigan Legislature, it no longer matters what your prior offenses (OWI/OUIL, OWVI, UBAL, OUID, or OWPD; 1st or 2nd offense, etc.) were. Under Michigan law, all current and prior drinking/drugged driving offenses are treated the same. If you are facing a third drinking/drugged driving offense within your lifetime, the maximum possible penalty is 5 years in prison. In addition, any third drinking/drugged driving conviction within 10 years will result in a revocation of your driving privileges for a mandatory minimum of 5 years. If you are subsequently arrested and convicted of Driving While License Revoked (DWLR) during the mandatory 5 year minimum period, you will be revoked for an additional 5 years. Vehicle immobilization of a qualifying vehicle will be from 1-3 years.

Serious injury or death. Michigan has severe penalties for drunk driving cases where a person has been seriously injured or has died as a result. These crimes are treated very seriously by Michigan courts and by the Michigan legislature. Michigan sentencing guidelines require substantial prison time for convictions on these offenses. If you are facing a serious injury or death case, it is vital that you begin to work immediately with a skilled and experienced lawyer.

Our Approach to Drunk Driving Charges

Technical defenses are important. There are many technical requirements for a valid investigation of a drunk driving charge. The Michigan Legislature continually tries to enact tougher laws regarding drunk driving. Therefore it is necessary for a skilled lawyer to look carefully at each technical aspect of the case in order to make sure that the police follow the law and required procedures.

Gathering all available information is vital. It is amazing how much information can be obtained by an industrious and tenacious attorney who is willing to give your case the attention it deserves. Until every aspect of your case is carefully reviewed it is not possible to accurately determine how strong your defenses are. Many attorneys simply rely on a police report from a biased police officer to assess the case. You will not know what a skilled trial lawyer can do for you unless you have one working for you.

A team approach is important for a successful defense. Many times, important aspects of the defense hinge on facts that can only come from you. Open communication between you and your lawyer is necessary. Also, it is helpful to have a team of lawyers assessing your case. At Kronzek & Cronkright every criminal case is reviewed and monitored by no less than two attorneys.

Expert witnesses may be available to help you win your case. There are a number of reasons why you may want to employ scientific experts to testify on your behalf. Kronzek & Cronkright maintains working relationships with qualified experts who can testify to the important aspects of your case such as the validity of the sobriety test, interaction of various substances with alcohol in the blood stream, technical shortfalls with the Datamaster breath test, etc. We will carefully analyze the need to use experts in your case.

If You are Stopped by a Police Officer

Most of the evidence used to prosecute drunk driving comes directly from the defendant. This doesn't have to be the case. It is important to know what your rights and legal obligations are. If you are stopped by a police officer, consider the following:

• Michigan law does not require you to tell the officer if you have been drinking, how much you have been drinking, or where you have been drinking. It is always appropriate to tell the officer that you would like to speak with an attorney before answering such questions.
  
  
• Michigan law does not require you to participate in any field sobriety tests. Officers typically ask individuals to walk heel-to-toe, stand on one leg, recite the alphabet, count forwards and backwards and perform various other dexterity tests. You have Constitutional protection against self-incrimination and are not required to help the officers build a case against you in this way.
  
  
• If you choose to conduct field sobriety tests, always tell the officer if there is something that prohibits you from completing the test. For example, if you have had a knee or back injury, you may not be able to perform a heel-to-toe test or a one legged stand. If you are dyslexic or have a learning disability, you may not be able to successfully recite the alphabet or count backwards. If you are unable to perform a task successfully for some reason, you should decline to take the test rather than take it and perform poorly.
  
  
• If an officer asks you to take a preliminary breath test, and you refuse, you will likely lose your driving privileges simply because you refuse to take the test. However, in a second or third offense case, this may not be as important as other considerations. In most cases, the preliminary breath test is not going to be admissible evidence at trial.
  
  
• Don't waive any of your rights. For example, the law gives you the right to have a blood test to confirm the accuracy of breath test results after you have been given a breath test at the police station. You should never assume that the breath test results are accurate and should insist on being taken to a hospital to obtain a confirmation blood test.
  
  
• Michigan administrative guidelines grant you the right to have the Datamaster breath test performed at the station by an individual other than the arresting officer. You should politely request that someone other than the arresting officer conduct the test.
  
  
• The Datamaster test is deemed unreliable if there is anything in your mouth. Therefore the law requires a fifteen minute observation period before you take the test. During that observation period, if you cough, spit up, or have any blood in your mouth, the test will be invalid and the observation period will have to start over.
  
  

If You Are Facing Drunk Driving Charges

Let's begin with the understanding that the police are not your friends and they are not there to help you. It is legal for the police to lie to you. Promises made by the police are not enforceable. Miranda warnings may not help you, so if the police are investigating:

• Do not talk. Be polite and courteous, but refuse to discuss their investigation with them. You should plainly and repeatedly tell them that you do not want to discuss anything with them, that you are invoking your right to remain silent, and that you want an attorney present. Do not allow yourself to be tricked or coerced by the police.
  
  
• Anything you say about the case to anyone, including most family members, can be used against you in court. Many defendants hurt their case by discussing it with family, friends, co-workers, police officers and prosecutors. If you have made such statements, we will deal with it together. If you have not, DON'T!
  
  
• Never consent to anything without the advice of your attorney. This includes giving the police permission to search, draw blood or discuss the case with you.
  
  
• Never resist arrest. If a police officer is attempting to arrest you, be polite and cooperative. Inform the officer that you will go along peacefully. It is also important to immediately inform the officer -or any officer that tries to question you- that you do not want to talk without an attorney.
  
  
• The only information you should provide without consulting an attorney is necessary biographical information; this includes your full legal name and address. If the police want to fingerprint you after arrest cooperate fully.
  
  
• Inform the officers that you wish to make a telephone call. Get an attorney quickly. Make sure that if your call is to family or friends that they will contact an attorney right away. Our criminal defense team is on call at all times of the day and night. You can reach us at 1-866-766-5245.
  
  
• Post bond as quickly as possible. If you are arraigned and asked how you plead, your response should be, "I stand mute." At the arraignment, do not try to talk to the judge about your case. Wait until you have competent, tough representation by your side.
  
  
• Finally, meet with your attorney as soon as possible. When you meet with an attorney from our criminal defense team, be completely honest with your version of events. Tell us about any past criminal record or witness that might help or hurt your case. Remember that you are the most important part of your defense team.

For more information please visit Michigan Drunk Driving Attorneys

Contact us about your legal matter today! Call us at 1-866-766-5245