Articles Posted in DWI

Having a driver’s license in Michigan gives you driving privileges, but it also comes with certain responsibilities. One of these is what’s known as “implied consent.” This means that if police suspect you of driving under the influence (DUI), you’ve already agreed to take a breath, blood, or urine test. Refusal to comply with a chemical test can bring serious consequences on its own, including a suspended license, regardless of whether a DUI charge is substantiated. These laws can feel confusing and overwhelming, especially if you’re already facing a DUI or refusal charge. Our Oakland County DUI attorneys at Michigan...

Navigating the legal alcohol limits in Michigan is a critical responsibility that every individual should take seriously. Understanding these limits and their implications can help prevent legal troubles and ensure the safety of yourself and others on the road. However, when faced with complex legal matters related to alcohol offenses, such as the penalties involved in an underage OWI or the legal implications of an OWI with prescription drugs, seeking experienced help from a Michigan OWI (Operating While Intoxicated) lawyer becomes crucial.  If you find yourself in a situation involving an OWI charge or have questions about the legal alcohol...

If you are arrested for drunk driving in Michigan, you are required to take a chemical test – of your blood, breath or urine – to determine your bodily alcohol content (BAC). You can refuse to take the test. But if you refuse, your license will be immediately destroyed and you will be given a paper permit. You may drive on the paper permit until your criminal case is resolved in court. You can appeal this suspension. But you have a limited time – 14 days – to do so. All of this might seem harsh. But that is how...

Being charged with drunk driving in Michigan is bad news for anyone, but a DUI for drivers under the age of 21 is especially serious. In Michigan, a “zero tolerance” policy is strictly enforced, which bars young drivers from getting behind the wheel after consuming alcohol, regardless of whether they’re legally intoxicated or not. Underage drivers can face OWI/DUI charges if their blood-alcohol concentration surpasses 0.02, provided they’re under 21 at the time of the incident. More grave charges, like driving while intoxicated, can be imposed if their blood alcohol content crosses the 0.08 threshold. In such challenging situations, a...

Recently, a state appellate court issued a written opinion in a Michigan OWI case requiring the court to determine whether statements the defendant made before and after his arrest should have been excluded from the jury’s consideration. While the court determined the trial judge should have suppressed certain statements, the court held that the remaining statements were admissible. Thus, the court affirmed the defendant’s conviction and sentence. The Facts of the Case According to the court’s opinion, the case involved a man who allegedly pulled out into traffic while operating a car under the influence of methamphetamine and marijuana. He...

Recently, a state appellate court issued an opinion in a Michigan operating while visibly impaired (OWVI) case involving the defendant’s claim that the Michigan Medical Marijuana Act (MMMA) prevents him from being charged. However, ultimately, the court disagreed, affirming his conviction. A Michigan OWVI offense is similar to an operating while intoxicated (OWI) offense, except that it does not require proof of intoxication. Instead, the prosecution can proceed under the theory that a defendant was visibly intoxicated. In an OWVI case, the prosecution does not need to present any proof that the defendant was actually intoxicated, only that they were...

Last month, a state appellate court issued a written opinion in a Michigan operating while intoxicated (OWI) case involving a defendant’s motion to suppress a statement that he made to a detective following his arrest. Ultimately, the court concluded that admission of the defendant’s statement, even if the statement was illegally taken, was harmless error based on the other evidence presented at trial. As a result, the court dismissed the defendant’s appeal, affirming his convictions and sentence. According to the court’s opinion, on June 7, 2016, the defendant crashed his pickup truck into a group of cyclists, killing five and...

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...

No one gets behind the wheel of a car expecting to be charged with drunk driving in Michigan, but even a slight lapse in judgment can lead to serious implications. Depending on your history of prior convictions and whether your conduct caused an accident, you could be facing misdemeanor or felony offenses. In addition to fines and potential jail time, a conviction can lead to a driver’s license suspension, sky-high insurance rates, a permanent criminal record, and other consequences. Knowing that prosecutors are cracking down on drunk driving, it’s important to retain an experienced criminal defense lawyer to assist with...

In Michigan, when a police officer stops a driver on suspicion of drunk driving or OWI, the officer can request field sobriety tests and/or a preliminary breath test (PBT). If a driver in Michigan refuses this test, the state may impose a fine of up to $150, plus court costs. The roadside breath test, also called a preliminary breath test or PBT, indicates the presence and/or concentration of alcohol based on a breath sample. The purpose of the breath test and other field sobriety tests is to determine if there is probable cause to arrest you for driving under the...