Articles Posted in DWI

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...

Attorney Paul Tafelski comments on an article in www.Entrepreneur.com about a research claiming the UBER services lead to decrease in DUI deaths. We recommend that clients place the Uber app or some similar serve on their phones. It is clear that the cost both psychologically, financially and professionally is high for anyone convicted of a DUI. Making it as easy as possible to use alternative transportation to get home is going to result in a cost savings in the long run if you were to ever get busted. A single arrest and conviction can exceed $8000 in costs when legal fees, court fines,...

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...

Interviewer: In closing, what kind of personal statement do you want to make to people that will tell them or show them that you’re someone they should call for the initial consult and you handle things differently? Attorney Tafelski: Well, defending these cases is something that I’ve been doing for a long time and I have a great interest in.  I take a personal interest in every client and trying to get to know their unique situation and their unique needs.  I think it ends up being very important in the final outcome so that they can get on with...

It is a misconception that the outcome of a DUI case is predetermined and everybody always gets the same outcome. Every case is a little bit different, because the facts of the case are different, the outcomes are different, the way someone is treated in front of one judge as compared to the treatment they get in front of another judge or even in the same courthouse is also different, which makes the cases are a lot more unique than people sometimes think. Having the right person to help navigate the differences between one place to the other and the...

Interviewer: What kind of people do you have coming in the office?  Do you represent older people or more men than women? A Driver of Any Age or Background Is Susceptible to an OWI Charge Attorney Tafelski: With drunk driving, it’s one type of crime that crosses all socioeconomic boundaries and gender boundaries, and race as well.  We get all types, but generally our clients are people who have not been in a lot of prior trouble, meaning drunk driving or alcohol-related offenses are typically the only types of problems they’ve had. Many are first offenders or second offenders and...

They would want to know the breath test result, why the person was pulled over, what happened with the field sobriety tests, if there was anything that seemed unusual, how the officer treated them, if the field sobriety tests was performed in front of the officer’s vehicle where his in-car camera would have picked up those tests, how the breath test went at the station, if it seemed like there was anything out of the ordinary there, if it seemed like there were any problems with the breath test machine functioning properly, how long they waited in between being asked...

Interviewer: What kind of mistakes do people make once they’ve been arrested and it’s time to do something about their case?  What do you see people do wrong that unintentionally hurts their ability to defend their case? It Is Always Advisable to Retain an Attorney to Defend an OWI/OWVI Charge Attorney Tafelski: Well, in my opinion, the first decision someone makes is whether or not they’re going to hire an attorney.  Obviously, being an attorney that handles drunk driving defense, I think that they should have an attorney.  There are a number of reasons that I can go into about...

Interviewer: You mentioned Super Drunk.  What other factors can make an OWI charge aggravated or enhanced?  You discussed that blood alcohol levels determine an enhancement.  What are the tiers, if there are more than one tier, of blood alcohol levels will affect the person’s case? Attorney Tafelski: In Michigan, the basic cutoff is 0.08.  If your blood alcohol level is 0.08 or higher, then you’re operating a vehicle illegally.  Even if you are driving in a safe manner or you feel perfectly fine and can pass the field sobriety test, if they can prove beyond a reasonable doubt that your...

Interviewer: What are the major elements and what’s the process and how long is the timing of each thing? Following the Arraignment, the Case Is Set for a Pre-Trial Conference Attorney Tafelski: The first thing that happens after you’re arrested is you have the arraignment.  At the arraignment, they set a bond and make you aware of the charges.  Then the court sets the case for what’s called a pre-trial.  Between the arraignment and trial is when the attorney needs to gather the evidence, which is called discovery from the prosecutor. Within that discovery packet, you should be able to...