Tafelski

drunk driving faqs

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:

1. Operating While Intoxicated (OWI)
2. Driving with an unlawful bodily alcohol level / content (UBAL / UBAC)
3. Operating While Visually Impaired (OWVI)

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).

More information about Drunk Driving in Michigan, MI Drunk Driving Laws.

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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 Visually Impaired - OWVI - 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 a DUI attorney at Paul J. Tafelski, P.C. A drunk driving lawyer 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 (OWI) your license will be suspended for 30 days and then restricted for 150 days. If you are convicted of Operating While Visually Impaired (OWVI) 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

More information about Drunk Driving in Michigan, MI Drunk Driving Laws.

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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.

More information about Drunk Driving in Michigan, MI Drunk Driving Laws.

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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 a DWI 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 drunk driving 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 defense attorney at Paul J. Tafelski, P.C. Contact our criminal lawyers 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.

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