Best DUI & DWI Lawyers in Michigan

About DUI & DWI Law in Michigan, United States

Driving under the influence (DUI) and driving while intoxicated (DWI) are serious legal offenses in Michigan. Often referred to as Operating While Intoxicated (OWI) in Michigan law, these offenses involve operating a vehicle with a blood alcohol concentration (BAC) above the legal limit, or when impaired by alcohol or drugs. The state has strict laws and penalties in place to deter and punish impaired driving, including fines, license suspension, and even incarceration. Understanding your rights and obligations is crucial if you are facing a DUI or DWI charge in Michigan.

Why You May Need a Lawyer

If you are charged with DUI or DWI in Michigan, the legal process can be complicated and overwhelming. Common situations where legal help is essential include:

• Facing criminal charges after being stopped for suspected impaired driving
• Second or subsequent DUI/DWI offense allegations
• Accidents involving injury or property damage while under the influence
• Commercial drivers who risk losing their livelihood
• Underage drivers charged with a drinking and driving offense
• Contesting the results or accuracy of a chemical test (breath, blood, or urine)
• Risk of severe penalties such as jail time or long-term license suspension

A skilled lawyer can help you navigate the complexities of Michigan DUI and DWI law, defend your rights, and work towards reducing or dismissing charges where possible.

Local Laws Overview

Michigan has its own set of laws governing DUI and DWI, referred to as Operating While Intoxicated (OWI). Key aspects include:

• Legal BAC Limit: The legal limit is 0.08 percent for drivers aged 21 and over. For commercial drivers, the limit is 0.04 percent. Drivers under 21 are subject to a zero-tolerance policy for BAC of 0.02 percent or higher.
• Implied Consent Law: By driving in Michigan, you automatically consent to chemical testing if stopped for suspected DUI/DWI. Refusing a test can result in license suspension, even without a conviction.
• Penalties: Penalties can include fines, community service, license suspension, mandatory alcohol education, ignition interlock devices, and jail time. Penalties increase with repeat offenses or aggravating factors.
• Aggravated Offenses: High BAC (0.17 percent or more), causing injury or death, or having a minor in the vehicle can lead to enhanced penalties.
• Court Process: DUI and DWI charges are handled in criminal court as well as administrative hearings for your driving privileges.

Frequently Asked Questions

What is the legal BAC limit for drivers in Michigan?

For most drivers, the legal blood alcohol concentration limit is 0.08 percent. Commercial drivers face a limit of 0.04 percent, and drivers under 21 are subject to a zero-tolerance policy with a limit of 0.02 percent or higher.

What happens if I refuse a breathalyzer or chemical test?

Refusing a chemical test can result in automatic suspension of your driver's license for at least one year, even if you are not convicted of DUI or DWI. This is due to Michigan's Implied Consent Law.

Will I go to jail for a first offense DUI or DWI?

Jail time is possible but not mandatory for a first offense. Other penalties often include fines, community service, and a license suspension. More severe penalties apply for repeat offenses or aggravating circumstances.

What are the penalties for repeat DUI or DWI offenses?

Repeat offenses carry increased fines, longer license suspensions, mandatory jail sentences, and possible installation of an ignition interlock device. Third or subsequent offenses may be charged as felonies.

Can I get a restricted license after a DUI conviction?

You may be eligible for a restricted license that allows you to drive in limited circumstances, such as to work or school. Eligibility depends on the specific facts of your case and your prior record.

Does a DUI conviction stay on my record?

Yes, a DUI conviction generally stays on your criminal record. However, recent changes in Michigan law allow for expungement of some first-time DUI offenses after a waiting period, subject to certain conditions.

How does a DUI affect my insurance?

A conviction usually leads to significantly higher car insurance premiums and may result in policy cancellation or non-renewal, depending on your provider.

Is it possible to challenge a DUI charge in court?

Yes. Possible defenses include challenging the legality of the traffic stop, the accuracy of chemical tests, or procedural errors by law enforcement officers.

What is an ignition interlock device?

An ignition interlock is a breathalyzer connected to your vehicle's ignition system. It requires you to provide a breath sample below a set limit before the engine will start. Courts may mandate this device following certain convictions.

Should I hire a lawyer for a DUI or DWI case in Michigan?

It is strongly recommended. DUI and DWI laws are complex, and penalties can be severe. A lawyer can help protect your rights, challenge evidence, and work towards the best possible outcome.

Additional Resources

• Michigan Secretary of State - Provides information on license suspension and restoration, as well as driver records.
• Michigan State Police - Offers resources and statistics on impaired driving, and information about enforcement programs.
• Michigan Courts - To find information about local court procedures, case look-up, and expungement eligibility.
• Michigan Department of Health and Human Services - Treatment and counseling services for substance abuse.
• Mothers Against Drunk Driving (MADD) Michigan - Support and advocacy for victims of impaired driving.
• State Bar of Michigan - Referral services for finding qualified DUI and DWI attorneys.

Next Steps

If you are facing a DUI or DWI charge in Michigan, it is important to act quickly. Consider these steps:

• Do not discuss your case with law enforcement beyond basic identification until you have spoken with a lawyer.
• Obtain and review all paperwork related to your arrest and any charges filed.
• Contact a qualified DUI or DWI attorney as soon as possible for a consultation. Many offer free initial consultations.
• Follow your attorney's guidance concerning court appearances, documentation, and compliance with any bail or bond conditions.
• Gather any evidence or witness statements that may be relevant to your defense.

Navigating a DUI or DWI case can be stressful, but with the right legal assistance, you can ensure your rights are protected and work towards a positive resolution.