Drunk Driving

Articles Posted in Drunk Driving

If I’m Stopped for Driving Under the Influence, Can I First Talk to an Attorney?

January 26, 2023

For many people, their first contact with the criminal justice system happens when they are charged with drunk driving. When someone is stopped for suspicion of drunk driving or DUI, they often become extremely nervous and overly chatty. They may think that they can talk the police officer into letting them go, or that being cooperative and doing all roadside tests will convince the police not to arrest them. Most people simply do not know their rights or know what to do when pulled over by the police on suspicion of drunk driving. If you are stopped for suspicion of...

Posted in: Drunk Driving

DUI Public Defender versus Private Lawyer

December 21, 2022

by Michigan Defense Law

Anyone accused of a crime in the United States has the right to an attorney if they face jail time. That includes anyone charged with operating a motor vehicle while intoxicated under Michigan law. As anyone who has watched a crime-related TV show knows, part of the famous Miranda warnings includes the statement: “if you cannot afford an attorney, one will be appointed for you,” or something to that effect. If the court determines you are indigent you will have the right to a court appointed attorney. However, the court will ultimately charge you some fee for use of the...

Posted in: Drunk Driving

What Is the Difference Between a Michigan OWI and OWVI?

January 25, 2022

by Michigan Defense Law

In most states, the law that prohibits drunk or drugged driving is referred to as a DUI, or driving under the influence. However, in Michigan, slightly different terminology is used to refer to these charges. In Michigan Vehicle Code section 257.625, lawmakers lay out the different types of Michigan drunk driving offenses. If you have been charge with drunk driving in Michigan, it is important to speak with a DUI attorney in Michigan today. For a free consultation, call now: (248) 451-2200 The first, and most common impaired driving offense, is called operating while intoxicated (OWI). The term OWI is...

Posted in: Drunk Driving

Michigan Court Affirms Defendant’s Conviction Following Fatal OWI Accident

September 16, 2021

by Michigan Defense Law

Earlier this month, a state appellate court issued an opinion in an OWI case involving a fatal car accident. Among the issues raised on appeal, the defendant claimed that a statement he made to a detective while at the hospital should not have been admitted into evidence. However, the court rejected the defendant’s claim, finding that he was not in custody at the time he made the statement and that the police did not act inappropriately when informing him that the victim had died. The Facts of the Case According to the court’s opinion, the defendant was driving a white...

Posted in: Drunk Driving, DWI

Michigan Court Rejects Defendant’s Challenge to DUI Conviction

December 29, 2020

by Michigan Defense Law

Earlier this year, a state appellate court issued an opinion in a Michigan drunk driving case discussing the defendant’s challenges to his conviction. However, after reviewing and rejecting each of the defendant’s arguments, the court affirmed his conviction. That said, the case is important, as it illustrates the type of challenges that may be successful, especially pertaining to field sobriety tests. The Facts of the Case According to the court’s opinion, a Michigan State Police Trooper observed the defendant not maintaining his lane. The Trooper pulled up next to the defendant, saw that he was not distracted or on his...

Posted in: Drunk Driving

Michigan Law Enforcement Come up with New Way to Enforce Marijuana DWI Laws

November 21, 2019

by Michigan Defense Law

In 2018, Michigan voters passed the “Michigan Regulation and Taxation of Marijuana Act,” (the Act) which provided for the legal recreational use of marijuana. The Act, which will go into effect in 2020, allows adults ages 21 and over to possess up to 2.5 ounces of marijuana for personal use, and to grow up to 12 cannabis plants at home. Of course, driving under the influence of marijuana is still considered a crime under the Operating While Under the Influence (OWI) statute. As people began to use marijuana more freely, lawmakers believe that there will be an increased risk of...

Posted in: Drug Crimes, Drunk Driving

Questions to Ask Your DUI Lawyer

August 21, 2019

by Michigan Defense Law

You’ve been charged with operating a motor vehicle while intoxicated under Michigan law. You know you need a lawyer. But how do you find a good one, and what questions do you ask that lawyer when you meet for the first time? In this blog post, we cover the basics of finding and interviewing a Michigan DUI lawyer to make sure you give yourself the best chance of mounting the strongest possible defense. Part One: Finding a DUI Lawyer It’s not particularly difficult to find a Michigan lawyer who advertises services for clients facing DUI charges. A simple Google search will...

Posted in: Drunk Driving

DUIs for Underage Drivers

August 15, 2019

by Michigan Defense Law

DUIs in Michigan, as in other states, typically carry heavy consequences: loss of the drunk driver’s license, heavy fines, and even jail time, depending on the severity of the offense and the number of times the driver has faced DUI charges. For underage drivers, however, the consequences of DUI may go further. Drivers under the age of 21 convicted of driving while intoxicated may face serious penalties that can linger—and subsequent DUI charges in the future may cause even more serious problems. Michigan has a zero-tolerance policy for DUIs for underage drivers. To speak to a professional about your options...

Posted in: Drunk Driving

Collateral Consequences of DUI

July 3, 2019

by Michigan Defense Law

A DUI is a very serious offense and carries severe penalties. The penalties for driving under the influence may include: Heavy fines A suspended or revoked license Jail time Community service Increased insurance premiums In Michigan, a person who is convicted of three drunk driving offenses is charged with a felony. Also, causing serious injury or death of another person while driving under the influence will be charged as a felony, even if it is the first offense. Penalties for a felony conviction are much more serious, and you may lose many rights and freedoms as a result. Long-Term Consequences...

Posted in: Drunk Driving

Underage DUI/OWI

June 21, 2019

by Michigan Defense Law

In Michigan, the law is tough on underage drinking and driving. If you are under the age of 21, have a measurable amount of alcohol in your blood, and are operating a vehicle, the consequences are severe. According to the Centers for Disease Control, more than 4,300 underage youth die each year from excessive drinking. Even though it is illegal for people under the age of 21 to drink alcohol, those aged 12 to 20 years drink 11 percent of all alcohol consumed in the United States and over 90 percent of the alcohol is consumed while binge drinking. The...

Posted in: Criminal Defense, Drunk Driving, DWI