Best Drunk Driving Lawyers in Michigan

About Drunk Driving Law in Michigan, United States

Drunk driving, often referred to as operating while intoxicated (OWI) or driving under the influence (DUI), is a serious criminal offense in Michigan. These laws are designed to prevent impaired driving and keep roads safe for everyone. If you are convicted of drunk driving in Michigan, you may face severe legal, financial, and even personal consequences. Understanding your rights and responsibilities is important if you are facing a drunk driving charge or have questions about the legal process.

Why You May Need a Lawyer

Legal representation is highly recommended in drunk driving cases for several reasons. The law is complex, and the penalties can be harsh. You might need a lawyer if you:

• Have been arrested for OWI, DUI, or related offenses
• Are facing a repeat offense or have prior convictions
• Have been involved in an accident while allegedly intoxicated
• Refused to submit to chemical testing (breath, blood, or urine)
• Need assistance navigating the court process and dealing with the Michigan Secretary of State
• Are worried about jail time, loss of driving privileges, or a permanent criminal record
• Are seeking to restore your driver's license after a suspension or revocation

A lawyer can help you understand the charges, build a defense, negotiate with prosecutors, and work toward the best possible outcome for your situation.

Local Laws Overview

Michigan takes a strict approach to drunk driving. Here are key features of the law:

• Legal Limit: The legal limit for blood alcohol content (BAC) is 0.08 percent for most drivers. Commercial drivers are limited to 0.04 percent. Drivers under 21 may not have any measurable alcohol (zero-tolerance law).
• OWI Charges: Michigan law uses terms such as Operating While Intoxicated (OWI) and Operating While Visibly Impaired (OWVI). The specific charge depends on your BAC and circumstances.
• Super Drunk Law: Drivers with a BAC of 0.17 percent or higher face enhanced penalties under Michigan's "Super Drunk" law.
• Implied Consent: By operating a vehicle on Michigan roads, you automatically consent to a chemical test if suspected of drunk driving. Refusal results in automatic license suspension and points on your driving record.
• Penalties: Penalties for drunk driving can include jail time, fines, probation, mandatory alcohol education, community service, and license suspension or revocation. Penalties are more severe for repeat offenders or if the incident involved an accident or injury.
• Ignition Interlock: Some convictions require the use of an ignition interlock device before you can regain your driver's license.

Frequently Asked Questions

What is the difference between OWI and DUI in Michigan?

Michigan uses OWI (Operating While Intoxicated) and OWVI (Operating While Visibly Impaired) rather than DUI. OWI typically means your BAC is 0.08 percent or higher, while OWVI means your ability to drive is visibly impaired by alcohol or drugs.

What happens if I refuse a breath or blood test?

Refusing a chemical test violates Michigan's implied consent law. Your driver's license will be automatically suspended, and six points will be added to your driving record. You may also still be charged with OWI based on other evidence.

Will I go to jail for a first-time OWI offense?

Jail time is possible even for a first offense, but not required. Penalties often include fines, probation, community service, and license restrictions. Each case is unique, and factors like high BAC or accidents can increase the likelihood of jail.

How long will my driver's license be suspended?

For a first offense OWI, the suspension is typically up to six months, but drivers may be eligible for a restricted license after a certain period. Repeat offenses lead to longer suspensions and possible revocation.

What is Michigan's Super Drunk law?

If your BAC is 0.17 percent or higher, you fall under the "Super Drunk" law, which results in increased penalties such as higher fines, longer jail time, and mandatory use of an ignition interlock device.

Can I get my charges reduced?

A lawyer may be able to negotiate with prosecutors to reduce or dismiss charges, often depending on the evidence, prior record, and specific circumstances of your case.

What should I do right after a drunk driving arrest?

Remain calm, exercise your right to remain silent, and request to speak with a lawyer as soon as possible. Avoid discussing the incident with police without legal counsel present.

Are there defenses against an OWI charge?

Yes. Potential defenses include challenging the legality of the traffic stop, accuracy of BAC testing, proper procedure during arrest, and other factors. A lawyer can assess these in your case.

Does a drunk driving conviction stay on my record?

In most cases, a drunk driving conviction will remain on your Michigan criminal record. However, recent changes in Michigan law may allow for expungement under limited circumstances. An attorney can advise you.

How can a lawyer help me with license restoration?

A lawyer can guide you through the complex license restoration process, helping gather necessary documents, prepare you for hearings, and advocate on your behalf to the Secretary of State.

Additional Resources

If you need more information or support related to drunk driving in Michigan, consider contacting the following:

• Michigan Secretary of State: Handles all matters related to driver's licensing, suspensions, and restoration.
• Michigan State Police: Provides information about OWI laws and traffic safety.
• Local county prosecutor's office: For questions about charges or court procedures.
• Substance abuse support organizations: Such as Mothers Against Drunk Driving (MADD) for victim support and information.
• Legal aid organizations: Many local and statewide legal aid groups provide help for those who cannot afford private counsel.

Next Steps

If you or someone you know is facing a drunk driving charge in Michigan, the best thing to do is to seek legal advice as soon as possible. Consider the following steps:

• Document everything you remember about the incident and arrest
• Gather any paperwork or citations you received
• Contact a criminal defense attorney experienced in Michigan OWI cases
• Do not discuss your case with anyone other than your lawyer
• Be proactive about attending court dates and fulfilling legal obligations

Facing a drunk driving charge can be overwhelming, but with the right legal support, you can better understand your options and protect your rights moving forward.