| Drunk
Driving
If I
get pulled over for drunk driving, what can I be charged
with?
Is
drunk driving considered a felony?
Do I
need a lawyer if I am charged with drunk driving?
Will I
lose my drivers license in a drunk driving conviction?
What
can I do to save my license?
Who is
held responsible for a drunk driving injury?
Do I
have to take a Breathalyzer test if the police ask me
to?
What
are my rights if I am stopped, searched, or arrested by
the police?
The
police did not read me my rights when I was arrested.
Will my case be dismissed?
What will court costs and fines be
if I am convicted of Operating While Intoxicated?
If I
get pulled over for drunk driving, what can I be charged
with?
There are three primary categories of drunken driving
offenses in Michigan:
- Operating
While Intoxicated (OWI)
- Driving
with an unlawful bodily alcohol level / content (UBAL / UBAC)
- Operating
while Impaired (OWI)
These
charges are also commonly referred to as DUI, DWI and
OUIL. OUIL was the proper name for drunk driving in
Michigan until a few years ago when the statute was
changed and the primary charge became Operating While
Intoxicated (OWI).
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Is
drunk driving considered a felony?
The following is a list of charges based on a first time
drunk driving offense:
- Operating While Intoxicated
- OWI - misdemeanor
- Operating While Impaired - OWI
- misdemeanor
- Operating While Intoxicated Causing
Death or Serious Injury - OWI (Death Injury) - Felony
- Zero Tolerance - misdemeanor
- Child
Endangerment - misdemeanor
- Commercial Driver -
misdemeanor
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Do I
need a lawyer if I am charged with drunk driving?
If you have been arrested for operating a vehicle while
under the influence, it is in your best interest to
contact an attorney at Paul J. Tafelski, P.C. An
attorney knows the Michigan state laws governing a drunk
driving arrest and will be your advocate and defender in
your case. Also, you should not wait until your first
court appearance. Contact an attorney immediately. Some
evidence, such as videotape or your field sobriety
tests, booking or breath testing may be destroyed if not
requested in a timely manner. Also, 911 audiotapes are
only preserved a short time if not requested. In some
cases, this evidence may provide a strong defense or
demonstrate that an officer is not being completely
truthful in their reports or testimony concerning your
level of intoxication or the timing of events. Do not
delay in contacting us for an appointment to discuss
your case.
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Will I
lose my drivers license in a drunk driving conviction?
In Michigan, if you are convicted of Operating While
Intoxicated your license will be suspended for 30 days
and then restricted for 150 days. If you are convicted
of Operating While Impaired your license will be
restricted for 90 days. These are the license penalties
for a first offense. For a second offense within 7 years
of either Operating While Intoxicated or Operating While
Impaired the license penalty is revocation of your
driving privileges for a minimum of one year. For a
third offense within 10 years the penalty is revocation
of your privilege for 5 years. These license sanctions
are severe and require that you properly defend any
drunk driving arrest your face.
A
first-time offender convicted of drunk driving also
faces:
- Up to 93 days in jail
- Up to a $500 fine
- 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
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What
can I do to save my license?
A Michigan drunk driving conviction is serious. You need
an experienced drunk driving attorney on your side to
help learn your rights. The amount of time you will lose
your license depends on the number of offenses. It would
be in your best interest to contact Paul J. Tafelski,
P.C. to discuss your options. License sanctions are
largely administrative through the Secretary of State.
If you are convicted of drunk driving you will face
those penalties. Your only chance to avoid license
penalties is to avoid conviction.
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Who is
held responsible for a drunk driving injury?
Anyone driving under the influence of alcohol or another
substance, which causes an accident, is considered
negligent. The driver convicted of DUI or DWI has the
liability to pay for all damages, but may not be the
only person considered negligent or liable. Those who
provided the alcohol may also be considered negligent
and liable for damages. Many states have laws which
impose liability on bars, clubs, restaurants, or hotels
which supply liquor improperly.
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Do I
have to take a Breathalyzer test if the police ask me
to?
By law, you are required to submit to a breath test when
requested by the police. However, refusal to take a
preliminary breath test offered on the side of the road
is a civil infraction punishable by a fine and no other
penalties. Refusal to take the test at the station can
result in a one year suspension of your driving
privileges unless one of four rights are violated.
Immediately contact an experienced DWI lawyer at Paul J.
Tafelski, P.C. to assist you with your case if you have
refused a breath test. Failure to act immediately to
challenge the accusation that you refused the test may
result in you unknowingly waiving your rights to fight
the case. DO NOT DELAY in contacting an attorney.
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What
are my rights if I am stopped, searched, or arrested by
the police?
You have the right to:
- Ask
why you have been stopped.
- Refuse any additional
search beyond a "pat down". The police may
"pat-down" your clothing if they suspect you
are carrying a concealed weapon.
- Remain silent. Do
not volunteer any incriminating information. Do not say
"I had two beers."
- You have the right to
refuse to take any field sobriety tests. You have the
right to refuse the preliminary breath test on the side
of the road but it will result in a ticket with a fine
that is currently $125.
- Be respectful to the officer
even if you are politely refusing to cooperate.
- Talk
to a lawyer.
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The
police did not read me my rights when I was arrested.
Will my case be dismissed?
Failure to advise you of your Miranda rights does not
automatically result in dismissal of the case against
you. It is possible to get your statements thrown out in
certain circumstances, but you should discuss the facts
of your case fully with a knowledgeable and experienced
criminal law attorney at Paul J. Tafelski, P.C. Contact
us today.
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What will court costs and fines
be if I am convicted of Operating While Intoxicated?
Fines and costs vary somewhat between courts. Generally,
you can expect fines and costs from the court to be
somewhere between $500 and $1000. However, there is
little known, hidden expense called the Driver
Responsibility Law. That is a tax that the Governor and
Legislature introduced in 2003 to raise money by
penalizing bad drivers. The Driver Responsibility law
imposes an additional and separate fine on
drivers convicted of drunk driving. A party convicted of
Operating While Intoxicated will be assessed a fine of
$1000 per year for two years. A driver convicted of
Operating While Impaired will be assessed $500 per year
for two years. If you don’t pay the fine your license is
indefinitely suspended by the state. Back
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