Drunk Driving Attorney
Being charged with a drunk driving offense can be a stressful and humiliating experience. Michigan laws on drunk driving have become increasingly complex and you need an expert in your corner. Whether your case is being tried, or a plea is being negotiated, you want an attorney that knows the law. You need an attorney that can increase your chances of being found not guilty, having your case dismissed, staying out of jail, and keeping your fines and fees manageable. Contact our office for a free consultation today!
In Michigan, there are multiple offenses for driving under the influence of alcohol and drugs, they are:
- OWI (operating while intoxicated)
- OWVI (operating while visibly impaired)
- OUID (operating under the influence of drugs)
- OWPD (operating within the presence of drugs)
You can be charged with one of these offenses if the police officer determines your ability to operate your motor vehicle was “impaired” by alcohol, marijuana, illegal drugs, prescription drugs or over the counter medications. The drunk driving statute presumes you are intoxicated if your blood alcohol content (BAC) is a .08 or higher. You can, however, be charged with operating while visibly impaired with a BAC well below .08.
All of these offenses are serious, and if you are convicted, they will have a significant impact on every aspect of your life. These offenses are misdemeanors punishable by up to 93 days in jail. You can also be sentenced to probation, drug and alcohol treatment, AA meetings, community service, court work programs, and fines and fees. Your vehicle can be immobilized. Additionally, the Secretary of State will impose sanctions on your driving privileges. These sanctions can include a loss of driving privileges, restricted driving privileges, and driver responsibility fees of up to $2000.00.
In 2010, Michigan enacted the “Super Drunk” law. If you are a first time offender, and have a blood alcohol level of over .17, you can be charged under the “super drunk” law. This misdemeanor can carry a jail sentence of up to 180 days in jail. You will be required to attend and complete one year of alcohol treatment. Further, the Secretary of State sanctions are enhanced. Your driving privileges will be suspended for a minimum of 45 days. Your driving privileges will be restricted after the 45 day period, but only if you have an ignition interlock device installed on your vehicle.
A second drunk or drug driving offense within seven years of your previous offense will result in increased penalties, including up to one year in jail. Your license will be revoked for a minimum of one year and your vehicle may be forfeited or immobilized.
A third offense in your lifetime is a felony in Michigan and carries substantial penalties. You can be sentenced to up to 5 years in prison.
Victoria Shackelford has represented hundreds of people charged with drunk/drug driving offenses throughout Wayne, Macomb and Oakland Counties. She has extensive experience and training in the legality of stops, field sobriety testing, and breath and blood testing. She is a member of the National Association of Drug Court Professionals and the Michigan Association of Drug Court Professionals.
If you are charged with a drug or alcohol related driving offense, contact our office immediately!
To learn more about drunk driving offenses, click here:
To read more about Michigan’s Super Drunk law, click here: http://www.michbar.org/journal/pdf/pdf4article1654.pdf