Articles Posted in DWI

Michigan law uses the term OWI, which stands for operating while intoxicated. DUI is a common term for impaired driving, but OWI is the term used for Michigan charges under MCL 257.625. Michigan does not permit sobriety checkpoints because the state Supreme Court found suspicionless roadblocks unconstitutional. However, even without checkpoints, police in Oakland County and statewide can still stop drivers based on reasonable suspicion and make OWI arrests based on probable cause. At Paul J. Tafelski, Michigan Defense Law, we defend drivers facing OWI and other criminal charges throughout Oakland County. Our OWI defense lawyers review the legality of...

Restoring your driver’s license after an OWI-related revocation in Michigan typically requires (1) waiting until you’re legally eligible, (2) submitting a complete hearing packet, and (3) proving sobriety at a Michigan Secretary of State OHAO hearing. OWI offenses are addressed under MCL 257.625, and revocations do not reinstate automatically; you must win a hearing. At Michigan Defense Law, Oakland County driver’s license restoration attorney Paul J. Tafelski helps clients in Bloomfield Hills and throughout the state navigate every stage of the license restoration process. Losing your ability to drive affects your work, your family, and your independence. Paul J. Tafelski...

You can usually drive in Michigan before your DUI court date. First-time offenders typically keep driving privileges until formal restrictions are imposed at arraignment or a later hearing. However, your license is confiscated at the time of arrest and replaced with a temporary permit that comes with specific rules and time limits. At Michigan Defense Law, Oakland County DUI attorney Paul Tafelski helps clients understand their driving privileges after an OWI arrest. Our criminal defense lawyers represent drivers in Bloomfield, Oakland County, and throughout Michigan who face drunk driving charges and license restrictions. This guide explains what temporary licenses allow,...

When it comes to prescription drugs and driving, there are several crucial factors you need to be aware of to protect your safety and comply with Michigan law. While prescription medications are often prescribed to treat various medical conditions, they can also have significant effects on your ability to drive safely. Understanding the potential risks and legal implications of driving under the influence of prescription drugs is essential if you live in Michigan. If you find yourself facing legal issues related to driving under the influence of prescription drugs, seeking the help of a skilled lawyer is crucial. At Michigan...

Michigan’s stringent laws against driving with a suspended license can pull drivers into a web of legal troubles, each more problematic than the last. A suspended license casts a long shadow over your daily life, from limiting your ability to commute to impacting your standing in professional circles. The consequences extend beyond the immediate legal penalties, potentially affecting your insurance premiums, job prospects, and financial stability due to hefty fines and the specter of civil litigation. In these critical moments, the guidance of a seasoned Oakland County criminal defense attorney from Michigan Defense Law becomes an indispensable asset. Our legal...

Why Are EtG Tests Performed? An EtG test, short for ethyl glucuronide test, is often used for people on OWI probation to check for alcohol use. If you are on probation in Michigan, you are usually required to avoid drinking. Testing can happen on a set schedule or with no advance notice. You might be called in. You might be tested the same day. A positive EtG result can lead to a probation violation being filed against you. This is serious. The court can add penalties, including jail time or even revoking your probation. If your probation officer informs you...

When you are charged with operating while intoxicated (OWI) in Michigan, there is a good chance you will be put on probation as part of your OWI sentencing. Typically, one requirement of OWI probation is that you abstain from consuming alcoholic beverages. Michigan employs a number of techniques to determine if you have been drinking in violation of your probation. One method is random breathalyzer tests. Unfortunately, breath tests are not always reliable, and you may face a probation revocation hearing on the basis of faulty results from a breath test. If you find yourself facing drunk driving offenses, it...

Facing a DUI conviction can be overwhelming, and you might be wondering if there’s a way to challenge the decision. The appeal process offers a pathway to contest the outcome if there were errors or issues during your trial. By appealing, you can ask a higher court to review the original proceedings and potentially overturn or modify the conviction. However, appealing a DUI conviction involves a complex legal process that requires a deep understanding of the law and careful attention to detail. It’s crucial to determine whether you have valid grounds for an appeal and to act within the strict...

Is it mandatory for police in Michigan to obtain a warrant before conducting a blood draw on a DUI/OWI suspect? According to Michigan law (MCL 257.625a), individuals under 21 can be charged with OWI based on any detectable alcohol level in their blood, breath, or urine, while those 21 and older must have a blood alcohol content (BAC) of 0.08% or higher. Although breathalyzer tests are commonly used by Michigan police officers to determine a driver’s BAC, officers might also opt for a blood test. Is a warrant necessary for law enforcement officers to compel a blood test from a...

The majority of times in a domestic violence, one or both of the parties have been drinking alcohol. It’s rare to see drugs as the cause of anger. In fact, drugs are less often involved in domestic violence cases than just two sober people who get into an argument, but alcohol is very frequently involved. Sometimes it makes the case worse, and sometimes it doesn’t because we are able to convince the court that there is not an alcohol problem there, but for a particular situation combined with the use of alcohol, this never would occur. Alcohol can make the...