Michigan DUI Lawyer - DWI, OWI, & Drunk Driving Defense

Michigan DUI Lawyer - DWI, OWI, & Drunk Driving Defense - Drunk Driving Defense Lawyer - Bloomfield Township Drunk Driving Attorney - Bloomfield Township, Michigan DUI Lawyers

In the state of Michigan, drunk driving is taken very seriously, and those who are convicted may suffer significant penalties, including fines, the loss of their driving privileges, and even jail time. In the state of Michigan, DUI is properly known as OWI, however, many people still use DUI in everyday language. 

No matter what you call it if you have been arrested for a DUI, you must get the legal guidance of an experienced attorney. At Michigan Defense Law, we put our decades of criminal defense experience in your corner to help protect your rights when you are facing a DUI charge. Founding Attorney Paul J. Tafelski, a graduate of Michigan State University College of Law, has successfully defended individuals from arraignment through jury trials in all sorts of matters, from minor misdemeanors or major felonies. He has owned and managed small businesses and has an in-depth understanding of the ramifications that convictions can have on a client’s life. Mr.  Tafelski is admitted to both Michigan State and Federal Courts, as well as the United States Supreme Court.  Mr. Tafelski is a top-rated Oakland County DUI attorney with successful outcomes in many DUI and/or OWI cases.

While a charge is serious, it is not a conviction. Under the United States constitution, the prosecution must still prove your guilt beyond a reasonable doubt. That is where we come in. The quality of your legal defense can make all the difference with drunk driving charges.

Don’t leave this to chance. Contact us now to speak with experienced DUI defense lawyers to discuss your Michigan DUI case. Free consultation: (248) 451-2200.

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I’ve used Paul for a BAIID appeal hearing multiple times. He has been very professional is very knowledgeable in the laws applicable. I’ve used other attorneys in the past but have never had the satisfaction as I’ve had with Paul. Most attorneys will over promise but be hard to reach after the contract is signed. Despite the time of day or the day of the week, he has always immediately responded to me. In addition, his assistant Karen has always been incredibly helpful in making calls to the SOS on my behalf. Although he may not have all the answers immediately, his immediate reply has reassured me numerous times. Just knowing that he’s reachable allayed much of my anxiety. In the end, he went above and beyond to make sure everything worked out. I would gladly recommend him to friends and family without hesitation.

Why You Need a Lawyer for a DUI in Michigan

While the law allows you to operate a motor vehicle after consuming some alcohol, the amount that you can legally consume is highly restricted. Over the years, enforcement of DUI and OWI laws has become more aggressive and charges more punitive. Police stops can target people unfairly and use inaccurate evidence or improper procedure.  

It is the job of law enforcement and state prosecutors to try and convict anyone who has been charged with a crime. At Michigan Defense Law, it is our job to protect your rights and to work hard towards getting all charges dropped, a not guilty verdict, or another best possible outcome in your case. Founding lawyer Paul J. Tafelski and our team of knowledgeable Michigan DUI attorneys have more than 20 years of experience protecting the rights of those accused of a crime. We will guide you through the entire process, building a skilled DUI defense to help maximize your chance of a favorable outcome. If you have been charged with a DUI in Michigan, let our experienced team help.

Contact us at (248) 451-2200 to schedule a no-cost consultation.

Michigan Drunk Driving Limits

In Michigan, the legal limit of blood alcohol content, or BAC, is .08% for drivers aged 21 or older. If you have been stopped while driving with a BAC of .08% or higher, you can be charged with an OWI, or operating while intoxicated. If your BAC is .17% or higher, our high-BAC law imposes even more serious penalties. If you are under the age of 21, our Zero Tolerance law makes it unlawful to operate a vehicle with a BAC of .02% or higher. Consequently, what you are charged with and the penalties imposed will have everything to do with your age, your BAC, your criminal history, and other factors.

A conviction of any drunk driving charge in Michigan will result in some combination of fines, driving privilege sanctions, points against your driving record, and even jail time. If you have been charged with DUI in Michigan, your most important move will be to retain the services of an experienced lawyer. At Michigan Defense Law, DUI lawyer Paul J. Tafelski and our team of skilled OWI attorneys have dedicated our careers to the skilled legal defense of those charged with drunk driving in Michigan.

To schedule a free consultation, contact us at (248) 451-2200.

First-Time DUI

Getting pulled over for suspected drunk driving in Michigan can be intimidating and frightening. It is important to take DUI charges seriously, even if it is your first DUI offense. A conviction for a DUI could result in a host of penalties, as well as a criminal record. At Michigan Defense Law, our DUI lawyers can evaluate your situation to determine whether any of your rights were violated. We work hard to build strong defenses for clients facing first-time DUI charges.

Under MCL 257.625, whether you are licensed or not, you should not operate your vehicle on a public highway or other places accessible to motor vehicles while you are intoxicated or while you are visibly impaired. Operating a vehicle while intoxicated can mean that you are under the influence of alcohol, drugs, or a combination of these. You may be found to have been operating a vehicle while intoxicated if you have a bodily alcohol content of at least .08 g for each 100 mL of blood, for each 210 mL of breath, or each 67 mL of urine.

Operating a vehicle while visibly impaired by alcohol or drugs is a separate offense from operating while intoxicated. It requires the prosecution to prove only that you showed visible signs of impairment in the operation of your vehicle because you consumed alcohol or drugs. There is no minimum blood alcohol level to be convicted of operating while visibly impaired. The prosecutor would need to prove you’re your ability to drive was impaired by the consumption of alcohol or drugs or a combination of them. Also, you can be charged with operating a vehicle while intoxicated if you have any amount of cocaine or a Schedule I controlled substance in your body. Impairment is irrelevant to that situation.

First-time offenders face slightly milder penalties than second and third-time offenders. However, having a first offense on your record can adversely affect your sentencing for any later charges, and it is wise to defend the first offense aggressively. For a first offense, you could face a maximum of 93 days in jail, fines of $100-$500, 360 hours of community service, and the possibility that you are required to install an ignition interlock device. For a first-time offense of operating while visibly impaired, you could face a maximum of 93 days in jail, a maximum fine of $300, 360 hours of community service, and possibly vehicle immobilization.

Even for a first-time offense, driving under the influence or operating while visibly impaired carries enhanced penalties when there were passengers who were under 16 years old. This can often result in a charge of child endangerment. You will also face significantly more severe penalties if someone is injured or killed in a first-time drunk driving offense.

Although it can be stressful to be charged with drunk driving, you should not assume that your case is hopeless. There are many different defenses that your attorney may be able to raise on your behalf. For example, if you were pulled over without an officer’s reasonable suspicion that you were impaired or that another crime was being perpetrated, we may be able to bring a motion to suppress any evidence obtained during the illegal stop. Similarly, if you were arrested without probable cause, we may be able to challenge evidence gathered after the arrest, such as the results of chemical testing. In some cases, we may be able to negotiate a plea to a lower charge, while in other cases, it may be appropriate to go to trial. For some, simply avoiding jail is a success.

If you are concerned about a first-time DUI charge, you should consult our knowledgeable attorneys. It is wise to fight first-time DUI charges aggressively so that you do not have a criminal record or incur greater penalties later. Michigan Defense Law represents people in Oakland, Wayne, Macomb, and Washtenaw Counties.

Contact us at (248) 451-2200 or complete our online form.

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I was arrested for drunk driving and possession of a controlled substance (Vicodin). Paul worked hard on the case and kept the felony off my record and got the drunk driving case reduced so that I kept my driver’s license and my job. He really cared about helping me.

Drunk Driving Offenses and Penalties in Michigan

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When you appear before the court after an arrest, you may be facing charges under Michigan’s drunk driving laws.

These include:

Open intoxicants – If you are found with an open container of alcohol during a police stop, it may result in an arrest for open intoxicants A drunk driving conviction in Michigan can carry extraordinary penalties and can hurt your reputation, your career, and many other aspects of your life. It can also blemish your driving record permanently.  The personal and professional costs of a drunk driving conviction are hard to overestimate. Penalties for convictions can be especially harsh for second and third-time offenders. Each drunk driving conviction is penalized by a period of driver’s license suspension. Other factors will also be considered when determining your penalties, such as if your driving caused an accident, injured, or killed another person. Penalties can include:

A conviction can also have many other consequences, including:

When you have been charged with a DUI in Michigan, it is critical to get the help of an experienced lawyer to aggressively represent your legal rights. At Michigan Defense Law, Michigan’s highly rated OWI lawyer Paul J. Tafelski and our team of knowledgeable attorneys have been diligently representing those who have been charged with DUI for over two decades.

To schedule a no-cost consultation to understand your rights and how we can help, contact us at (248) 451-2200.

I didn’t know much about the entire legal process so Paul was a great Lawyer for me. He took the time to explain everything without making me feel dumb. He fought for me and got me a great outcome for my case. He is a great guy that eased my stress about my case and I would recommend him to anyone. Thank you Paul!

What Other Factors Can Affect How You Respond to Alcohol

Each person is different and will metabolize alcohol differently based on multiple variables. One of these factors is an individual’s weight. While these are purely estimates, this is approximately how many drinks per hour it will take for a person’s BAC to reach .08%. Estimates are based on a drink being the equivalent of five ounces of wine, 1.5 ounces of distilled liquor, or 12 ounces of beer.

These figures are based on a man’s metabolism and physique. Women will reach a .08% BAC even faster.

Other factors that can affect the metabolism of liquor include:

While these are just general approximations, the only true way to ensure that you don’t exceed your blood alcohol content and get arrested for a DUI is to not drink and drive. But we all make mistakes.

If you have been arrested for DUI, you will want a seasoned lawyer in your corner to provide you with the best defense strategy possible. At Michigan Defense Law, OWI attorney Paul J. Tafelski and our team of Michigan’s top-rated lawyers have spent our careers defending the rights of individuals who have been accused of drunk driving. 

To schedule a free consultation regarding your DUI case, contact us at (248) 451-2200.

Observations During a Traffic StopIndication of Impairment
Erratic driving behaviorSwerving, weaving between lanes, abrupt lane changes, excessively slow or fast speeds, running red lights or stop signs, other traffic violations
Odor of alcoholStrong smell of alcohol emanating from the driver or vehicle
Slurred speechSpeech patterns that are slurred or incoherent
Bloodshot eyesRedness or noticeable changes in eye appearance
Poor performance on field sobriety testsDemonstrating poor performance on walk-and-turn, one-leg stand, or horizontal gaze nystagmus (eye movement) tests

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What is Probable Cause in a DUI/OWI Case?

In the context of a DUI/OWI offense in Michigan, probable cause refers to the legal standard that law enforcement officers must meet in order to make an arrest or conduct a search related to a suspected drunk driving incident. Probable cause is a fundamental constitutional requirement that protects individuals from unreasonable searches and seizures.

For a police officer to have probable cause to make a DUI/OWI arrest, they must have sufficient facts or evidence that would lead a reasonable person to believe that the driver is operating a vehicle while intoxicated or impaired.

These facts or evidence may include observations made by the officer, such as the following examples:

The officer’s observations, along with any other relevant information obtained during the traffic stop, are typically documented in a police report. This report serves as crucial evidence supporting the existence of probable cause. It provides a detailed account of the officer’s observations, interactions, and any specific behaviors or indicators of impairment exhibited by the driver.

Establishing probable cause is important for officers as it justifies the subsequent actions taken, such as making an arrest, administering chemical tests (breathalyzer or blood tests) to determine the driver’s blood alcohol concentration (BAC), and initiating the legal process against the driver.

It’s worth noting that while these observations and evidence contribute to establishing probable cause, they are not definitive proof of guilt. In court proceedings, the defense may challenge the accuracy or interpretation of these observations, allowing the accused individual the opportunity to present their own evidence or challenge the sufficiency of probable cause.

In the context of a DUI/OWI offense, it’s crucial to understand that probable cause is a legal standard that needs to be met by law enforcement. If an arrest is made without sufficient probable cause, the defense may challenge the legality of the arrest and subsequent evidence gathered, potentially leading to the exclusion of such evidence from court proceedings.

If you find yourself facing a DUI/OWI charge and believe that the arrest lacked probable cause, it is essential to consult with an attorney who specializes in DUI/OWI defense. They can review the specifics of your case and help determine if there are grounds to challenge the arrest based on the absence of probable cause. 

DUI Lawyer Weighs In: Should You Refuse to Take a Chemical Test?

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When a law enforcement officer suspects you are intoxicated and pulls you over, he or she will be looking for evidence of impairment. They may ask questions or ask you to perform field sobriety tests. In most cases, you will be asked to take a breath chemical test called a preliminary breath test, or PBT. This establishes probable cause so they can take you in for a more accurate test. 

You have the right to refuse these. If you refuse the preliminary breath test, you can be charged with a civil infraction and fined. If you refuse the field sobriety test, this is within your rights and will not result in charges or fines. While you have the right to decline these tests, you should always do so calmly and respectfully. 

Once you are at the police station, you will be administered a more accurate breath test than the PBT. This test is called the Datamaster.  These are the results that can be used as evidence to charge you and in trial to try and convict you. While you may not be aware of it, Michigan’s Implied Consent Law states that you must consent to take a chemical test, when lawfully arrested, and when asked by law enforcement as a condition of your driver’s license. But this only applies to the test that is taken after you are arrested, not the PBT.

If you refuse to submit to the Datamaster or a request for a blood draw, your driver’s license will be suspended for one year on a first violation of the implied consent law and two years for a second violation, and six points will be automatically applied to your driving record. You won’t be eligible for a restricted license unless you file an appeal to the circuit court. Furthermore, refusing the test at the police station can result in police obtaining a search warrant requiring you to submit to a blood test. It may also result in enhanced penalties if you are ultimately convicted. 

If you have refused a chemical test, the skilled lawyers at Michigan Defense Law can advise you on your legal options and possible ways you may regain driving privileges after a suspension. But time is of the essence. You only have 14 days from the date of your arrest to request an appeals hearing. If you miss that deadline the suspension and points will be imposed.  Do NOT delay in addressing this issue.  At Michigan Defense Law, DUI lawyer Paul J. Tafelski and our team of experienced lawyers who specialize in Michigan DUI have years of experience fighting for our client’s rights in these types of hearings.

To schedule a free consultation regarding your DUI case, contact us at (248) 451-2200.

I wanted to say thank you for representing me this week. I could not be happier with the outcome. I truly realize how significant the impact of my situation is going to be the rest of my life. People make mistakes but people do change. You were a great supporter, open, candid and very honest. I felt like you really cared about the outcome of my case. I will gladly pass your name along to anyone I know who is seeking legal assistance for a DUI.

DUI Defense Lawyer Explains: Getting A DUI Dismissed In Michigan

It is possible to have a DUI case dismissed in Michigan. However, it’s not always easy.

In the last few decades, society has decided that drunk driving is unacceptable. You won’t get many positive responses if you poll 100 people about whether drunk driving should become legal. Keep in mind that prosecutors can be elected. Prosecutors are usually never lenient on drunk drivers. They will pursue drunk driving charges vigorously. They have nothing to lose by being gentle with a person who is being charged with drunk driving. Don’t expect the prosecutor to dismiss a case because the defendant has never been in trouble or that they donate money to charity. The prosecution team usually doesn’t care about these things.

There is only one way to get a DUI case dismissed. You will need to file a legal challenge against the charges in court. This can be done by challenging the “stop”, which is a challenge to the police’s right to pull you over. Or challenging the “test”, which is a challenge to the validity or admissibility of the breath or blood tests that were administered by police. These challenges are not available in all DUI cases, but they do happen with surprising regularity. Even though you may think your case is over, there might be a legal challenge that could win the case.

Common Pleas in an OWI/DUI Cases

In an OWI/DUI charge in Michigan, some defenses or pleas can be used to challenge the charges or mitigate the potential penalties. It’s important to note that the viability of these pleas depends on the specific circumstances of the case and the evidence involved.

Here are some common pleas that can be used in OWI/DUI charges in Michigan:

It’s important to consult with an experienced DUI/OWI defense attorney to assess the specific circumstances of your case and determine the most appropriate plea or defense strategy. They can provide guidance based on their knowledge of Michigan laws, court procedures, and the potential strengths and weaknesses of your case.

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The Role of a Michigan DUI Attorney

At Michigan Defense Law, we take our role as your legal representative very seriously. Founding lawyer Paul J. Tafelski and our skilled team of Michigan DUI lawyers will first strive to understand the facts and circumstances surrounding your case, identifying all possible defenses considering the DUI charges and evidence. 

When you are charged with a DUI offense, you may think that it’s your word against the arresting officers or the results of a breathalyzer. There are many options and strategies available to your DWI attorney. While each DUI case is different, there are some common defenses available in these cases, many involving how you were stopped or how evidence was collected and processed.  

We look at all the variables, considering how they may offer a successful defense strategy:

Even when the charges and evidence against you are valid, DUI attorney Paul J. Tafelski and the experienced lawyers at Michigan Defense Law can lessen the impact on you by negotiating a favorable plea agreement or pursuing the most lenient sentence possible for you. Judges have many tools at their disposal to punish drunk drivers and no two cases are the same.  Minimizing the consequences and making sure clients end up with a sentence that is manageable to them are skills we have developed over years of handling these cases.

Contact our Experienced DUI Defense Attorneys to Handle your Case

While a DUI arrest or charge can seem overwhelming and even insurmountable, your experienced Michigan DUI attorney has been here many times before and has a broad and legally informed perspective on resolving your charges. Whether you made an unfortunate mistake or you were wrongly arrested and charged, Michigan criminal defense lawyer Paul J. Tafelski and the DUI lawyers at Michigan Defense Law will aggressively protect your legal rights and your future.

Call us at (248) 451-2200 or contact us at our website to schedule a free consultation to discuss your DUI case.

Michigan Misdemeanor DUI Lawyers - Drunk Driving and DUI Offenses

Misdemeanor Drunk Driving Attorney - Michigan Defense Law - DUI & OWI Lawyers - Impaired Driving

Most DUIs are charged as misdemeanors. Even though felonies are more serious, you should take misdemeanor DUI charges seriously. A drunk driving conviction can result in increased penalties for a subsequent offense. If you are charged with a misdemeanor DUI, you should discuss your situation with the experienced misdemeanor drunk driving attorneys at Michigan Defense Law. 

You may feel like the prosecution has a strong case because you failed field sobriety tests or there are chemical test results, but you should talk to a Michigan misdemeanor DUI lawyer who can build the strongest available defense strategy rather than assuming that a conviction is forthcoming.

Even in situations where you may feel your case is hopeless, it is important to go to court with a strategy to minimize your damage. Often, defendants charged with a first-offense OWI simply talk to a friend who has been through the process and assume they know what they are talking about. The problem with that approach is every Judge has a unique power and unique philosophies about drunk driving cases. Some Judges give jail time to first offenders, some give long and difficult probations. Some are more understanding. 

Having an experienced Michigan criminal defense lawyer who knows what your particular judge cares about and devises a strategy to get you the best result possible can be the difference between successfully completing probation and violating DUI probation and going to jail. The case is not over until your probation is complete. Therefore, getting a sentence that is manageable for your life and your circumstances is imperative to long-term success.

If you or someone you know has been charged with a misdemeanor drunk driving offense, it’s important to act fast and seek legal representation from experienced DUI lawyers. Michigan Defense Law has a team of skilled attorneys who focuses on DUI defense and are ready to fight for your rights.

Don’t let an impaired driving charge ruin your life. Contact Michigan Defense Law today to schedule a consultation with a trusted drunk-driving attorney. They can guide you through the legal process, help you understand your options, and work to protect your driver’s license.

Contact Michigan Defense Law today at (248) 451 2200 to schedule a free consultation about your drunk driving case. 

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I’ve used Paul for a BAIID appeal hearing multiple times. He has been very professional is very knowledgeable in the laws applicable. I’ve used other attorneys in the past but have never had the satisfaction as I’ve had with Paul. Most attorneys will over promise but be hard to reach after the contract is signed. Despite the time of day or the day of the week, he has always immediately responded to me. In addition, his assistant Karen has always been incredibly helpful in making calls to the SOS on my behalf. Although he may not have all the answers immediately, his immediate reply has reassured me numerous times. Just knowing that he’s reachable allayed much of my anxiety. In the end, he went above and beyond to make sure everything worked out. I would gladly recommend him to friends and family without hesitation.

Misdemeanor DUI Offense

In Michigan, drunk driving is also called operating while intoxicated or driving while intoxicated. DUI charges are brought when a driver operates a vehicle while under the influence of alcohol, liquor, drugs, or a combination of these. To secure a conviction, a prosecutor will need to establish certain elements beyond a reasonable doubt: (1) you were operating a motor vehicle (2) on a highway or publicly accessible place, and (3) you were under the influence of alcohol or had a bodily alcohol level of 0.08 grams or more per 100 milliliters of blood or 210 liters of breath or 67 milliliters of urine. Most DUI is charged as a misdemeanor. For a misdemeanor, you can be punished by a maximum of one year in jail, and for a second offense within 7 years. This time is served in the county jail.

In many situations, it is possible to avoid jail time with a first-offense misdemeanor DUI. Misdemeanors are less serious than felony DUI charges, for which you may face prison time; prisons are run by the Michigan Department of Corrections. Even so, a drunk driving or impaired driving conviction can have a significant impact on a person’s life. It can also result in harsher penalties for a subsequent offense. Thus, it is wise to retain an attorney for misdemeanor DUI  in Michigan.

If you or someone you know is facing a misdemeanor drunk driving or impaired driving charge in Michigan, it’s important to seek the legal assistance of experienced DUI lawyers. Michigan Defense Law has a team of knowledgeable attorneys who specialize in DUI defense and can help you navigate your case.

A DUI charge can have serious consequences, including the potential loss of your driver’s license and even jail time. So, contact Michigan Defense Law today to schedule a consultation with a trusted drunk driving attorney in Michigan. Their attorneys can guide you through the legal process, explain your options, and work towards protecting your rights and future.

I didn’t know much about the entire legal process so Paul was a great Lawyer for me. He took the time to explain everything without making me feel dumb. He fought for me and got me a great outcome for my case. He is a great guy that eased my stress about my case and I would recommend him to anyone. Thank you Paul!

Blood Alcohol Content (BAC) Limit for DUI Offenses

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Michigan’s legal limit for drunk driving is 0.08. However, you could still be convicted of drunk driving if your blood alcohol content was lower than this threshold. People often wonder, “How many drinks is it going to take for my blood alcohol level to reach.08?”

It depends on your body composition and a variety of other factors. Understanding how to properly defend DUI cases is dependent on understanding the metabolism of alcohol.

If you’re facing a DUI case in Michigan, it’s crucial to have an experienced defense attorney by your side. Michigan Defense Law is here to help you navigate through the legal process and protect your rights.

Our site offers valuable information about the legal process, as well as resources to help you better understand your rights and options.

Don’t wait until it’s too late – contact Michigan Defense Law today to schedule a consultation and take the first step in protecting your future.

Defense attorney Paul J. Tafelski has years of courtroom experience helping his clients face charges of drunk driving in Michigan. Our team of attorneys for Michigan DUI may be able to help you avoid a DUI conviction.

Contact us today at (248) 451 2200 to schedule a free consultation regarding your drunk driving case. 

Body Composition and Alcohol absorption

Many physiological factors play a part in how alcohol affects your body. Men and women react differently to alcohol, due to differences in the size of the liver, the amount of alcohol-eliminating chemicals, and the percentage of water that helps to dilute the alcohol in the blood.

Because women have more body fat than men, alcohol stays in the bloodstream for longer. These differences in body composition mean that a woman and a man of equal weight will experience different effects from the same amount.

A male driver’s average rate of elimination is 0.015 an hour and 0.018 for a woman driver. People believe that women will eliminate faster, which is why they get drunk quicker. However, the main reason for women getting drunk more quickly is that they have more fat. The alcohol is able to move more easily because it is concentrated in the same areas as the water.

If you’re facing a DUI case in Michigan, don’t go through it alone. Contact Michigan Defense Law and get the help of an experienced defense attorney. Our team of DUI attorneys understands the stress and uncertainty that come with a DUI charge, and we’re here to provide the legal representation you need to go through the process.

I didn’t know much about the entire legal process so Paul was a great Lawyer for me. He took the time to explain everything without making me feel dumb. He fought for me and got me a great outcome for my case. He is a great guy that eased my stress about my case and I would recommend him to anyone. Thank you Paul!

Penalties for Michigan Drunk Driving

A conviction for misdemeanor OWI can result in fines of $100-$500, a maximum of 93 days in jail, and a maximum of 360 hours of community service. The Secretary of State can impose sanctions of a 180-day license suspension with a restricted license available after 30 days. Six points will be added to your driving record.

For a second misdemeanor DUI conviction, you may face harsher penalties and sanctions. Sanctions imposed by the Secretary of State could include a minimum one-year license revocation as well as six points added to your driving record. You may be ordered to equip your car with an ignition interlock device. This is a device that requires you to blow into it and take a breath alcohol test before the car will start. Also, your plate will be confiscated, but registration will not be denied. You can also face vehicle forfeiture, but it is not mandatory. Your car may be immobilized for a maximum of 180 days, but the court is not required to do that. A skilled Michigan misdemeanor DUI attorney can help you try to avoid these penalties.

A third drunk driving offense at any time in your lifetime could be charged as a felony. You can face up to five years in prison for a third drunk driving offense. Unlike some other states, Michigan DUI penalties and convictions cannot be expunged after you get off probation and complete all probation requirements.

Whether you are facing DUI or OWI charges, a skilled attorney can help you mount a strong defense and fight for your rights. Contact our skilled misdemeanor driving attorney at Michigan Defense Law today. 

How Long Does DUI/OWI Conviction Stay on Your Record?

A DUI conviction in Michigan can have severe, long-term consequences. It is natural for people who face DUI charges to wonder how long the conviction will stay on their record and if they can have it expunged. In this regard, it is important to note that a DUI is both a criminal and traffic offense and, as such, is recorded on both the person’s driving and criminal records. 

Unfortunately, a DUI conviction stays on a person’s record permanently. Moreover, specific laws related to DUIs require courts to report certain offenses to the Secretary of State. These laws also prevent courts from taking a DUI under advisement or deferring it, meaning that individuals cannot have the charge deferred for a particular period and have it dismissed or reduced to a non-alcohol-related offense.

Is OWI a Misdemeanor?

In Michigan, a first or second-offense OWI without aggravating factors is considered a misdemeanor. Those convicted of an OWI misdemeanor may face jail time, along with hefty fines and court costs that can total thousands of dollars. Furthermore, individuals may be required to undergo random drug and alcohol testing at their expense and participate in lengthy and expensive substance abuse treatment programs.

Defense attorney Paul J. Tafelski and our team of lawyers for DUI charges in Michigan have years of experience providing legal support for their clients. We may be able to guide you through the process. Contact us today to schedule a free consultation.

additional resources

Grosse Pointe Farms Municipal Court

Grosse Pointe Park Municipal Court

Grosse Pointe Woods Municipal Court

Grosse Pointe Municipal Court

Wexford District Court Judge

Grand Traverse County 86 District Court

Grand Traverse Circuit Court

Lake County Trial Court

Clare County District Court

Osceola County District Court

Antrim County Circuit Court

Crawford County District Court

State of Michigan 18th District Court

Michigan Hall of Justice

Missaukee District Court Judge

Roscommon County District Ct Judge

46th Circuit Trial Court

Muskegon County District Court

County Of Newaygo: District Court

29th Circuit Court

Gratiot County District Court

Mt Morris District Court

66th District Court

Third Judicial Circuit Court

Isabella County Trial Court

17th District Court – Redford Township, Michigan

Third Judicial Circuit Court

55th District Court

Fenton District Court

Osceola County Judge’s Office

Crawford County Circuit Court

17th District Court – Redford Township, Michigan

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How Do Attorneys Navigate DWI Laws to Defend a Criminal Offense?

What Role Does Police Evidence Play in a Felony Case Handled by Lawyers?

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Free Consultation

Michigan Defense Attorney Paul J. Tafelski Explains the Defenses for DUI Cases

It is important to fight misdemeanor DUI charges. Although the punishment is not as severe as for a felony DUI, you will be left with a criminal record and the entire process can be a nightmare. An experienced attorney can evaluate the circumstances of your drunk driving charge and determine which defense might be appropriate, given the facts. It is important you receive customized representation in order to achieve the best outcome in your OWI case. There may be constitutional or procedural defenses. 

For instance, an officer must have a reasonable suspicion of criminal wrongdoing to pull you over for drunk driving under the Fourth Amendment, which guards against illegal searches and seizures. If there was no reasonable suspicion to pull you over, we may be able to get evidence obtained during the stop suppressed in a motion. Similarly, if there was no probable cause to arrest you for the misdemeanor DUI, we may be able to get evidence obtained after an arrest is suppressed.

In some OWI cases the police lack proof that the Defendant was actually operating the vehicle at the time he was alleged to be intoxicated. This is one of the elements of the crime and if they can’t show how drunk the person was when they were driving, they may not be able to prove their case beyond a reasonable doubt. This type of issue along with others such as failure to follow proper procedures when arresting or testing a Defendant’s breath or blood can lead to evidentiary challenges that can win the case or lead to superior plea bargains based upon the prosecution being weakened. Criminal defense lawyers in Michigan can provide valuable advice and guidance that results in the best outcome.

Don’t give up on your OWI case before it has even started. A thorough review of the evidence is needed to determine the right direction in your case.

I wanted to say thank you for representing me this week. I could not be happier with the outcome. I truly realize how significant the impact of my situation is going to be the rest of my life. People make mistakes but people do change. You were a great supporter, open, candid and very honest. I felt like you really cared about the outcome of my case. I will gladly pass your name along to anyone I know who is seeking legal assistance for a DUI.

Consult a Knowledgeable Misdemeanor DUI Lawyer in Michigan

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Free Consultation

If you are charged with a misdemeanor DUI, you should discuss your situation with our knowledgeable Michigan DUI attorneys. Our experienced drunk driving lawyers can work to find the approach likeliest to yield an appropriate result. Michigan Defense Law represents people in Oakland, Wayne, Macomb, and Washtenaw Counties.

Call us at (248) 451-2200 or complete our online form.

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