Washington Township DUI Lawyer

DUI Attorney in Washington Township, MI

If you’ve been charged with drunk driving, a Washington Township DUI lawyer from Jeffrey Randa and Associates can explain what to expect under Michigan’s strict OWI laws. Even though the area feels quieter than other parts of Macomb County, law enforcement is highly active. All DUI arrests here are decided in the 41-1 District Court in Romeo.

A DUI arrest here can bring serious consequences, including possible jail time, fines, and the suspension of your driver’s license. The results from field sobriety tests or chemical testing are always central to a DUI case. Knowing your rights and how to handle the next steps can keep you from making decisions that hurt you later.

What Is a DUI in Michigan, and What Are the Penalties?

In Michigan, all DUI charges fall under the state’s Operating While Intoxicated (OWI) law. This law covers driving while under the influence of alcohol, drugs, or both, and includes various charges of different severity based on the circumstances. A standard OWI (BAC of 0.08% or higher) can lead to jail time, fines of up to $500, a license suspension, points on your driving record, and increased insurance rates.

If your BAC was 0.17% or more, the penalties are even harsher, including a one-year license suspension and mandatory alcohol treatment. Michigan also imposes progressively stricter consequences for repeat offenses. These charges carry both legal and personal consequences, so understanding what you’re facing early in your case and then having the right DUI lawyer is key to protecting your future.

According to data released by the Michigan State Police, law enforcement officers made 26,408 traffic-related arrests involving alcohol in 2023. This figure underscores how frequently alcohol has a role in driving offenses across the state.

What Counts as Reasonable Suspicion for a DUI Stop?

The Police, like the Macomb County Sheriff’s Department, needs legitimate grounds for pulling you over before it can start investigating potential DUI violations. In Michigan, “reasonable suspicion” is the required standard to justify a traffic stop for a DUI investigation. After pulling the driver over, officers look for evidence of impairment, including things like slurred speech and the odor of alcohol.

When officers suspect that person is intoxicated, they have the authority to administer field sobriety tests and/or request a breath test. It law enforcement lacked a legal basis for the initial traffic stop, then the evidence gathered thereafter should be challenged. Knowing how the traffic stop occurred and how all the field sobriety and chemical tests were administered is a critical component of defending against DUI charges.

How Prior Convictions Affect DUI Charges

The consequences escalate dramatically for anyone with one or more previous DUI convictions when facing a second or third offense. The Michigan legal system imposes much harsher penalties for individuals who commit offenses again after a prior incident.

A second DUI conviction within seven years brings consequences such as up to 1 year in jail, 90 to 180 days of vehicle immobilization, the automatic revocation of your driver’s license, and mandatory substance abuse treatment.

In Michigan, a third DUI offense at any point in a person’s life is a felony, with consequences that include up to 5 years in prison, vehicle registration denial (and/or immobilization) and permanent criminal and driving record ramifications. Having more any prior 3rd offense DUI convictions means a person faces a much harsher sentence, and will have a difficult time getting into a diversion program, or negotiating any kind of reduced charges.

Can a DUI Be Expunged in Michigan?

A modification to Michigan state law allows certain DUI offenses to be expunged from people’s records. As of February 2022, first-time DUI offenders can have their convictions expunged after five years if they have fulfilled all of the legal and court-ordered requirements. To complete the process, you need to submit a formal application, provide fingerprints and other information, and then schedule and attend a court hearing where the judge decides if the request should be granted.

Repeat offenses, enhanced DUI cases, and cases involving injury or death are not eligible for expungement.

Qualified first offenders convicted in the 42-1 District Court in Romeo, which handles all Washington Township cases, can file for an expungement, which, if granted, will help their employment prospects and otherwise improve their social standing.

FAQs

What Happens If This Is My First DUI Offense?

A first-time DUI offender in Michigan charge with OWI faces a maximum penalty of 93 days imprisonment (all of which we can typically avoid), up to $500 in fines, plus costs, a six-month driver’s license suspension (with no driving for the first 30 days, and a restricted license for the remaining 5 months), and required alcohol education and/or treatment. Six points will be added to your license, and you will see higher insurance costs.

A conviction for High BAC can result in a sentence of up to 6 months in jail, fines of up to $750, plus costs, and a one-year suspension of your driver’s license, with no driving for the first 45 days, followed by 10 and 1/2 months on a restricted license with a (mandatory) ignition interlock unit, as well as mandatory alcohol counseling and/or treatment.

Of course, a plea bargain will reduce the penalties for first offenses, and that may result in nothing more than a 90-day restricted license and a short term of probation.

Can Field Sobriety Tests Be Challenged in Court?

Yes. An attorney can dispute field sobriety tests because they depend on subjective observations. Your performance during field sobriety tests may suffer from things like an uneven road surface, adverse weather conditions, medical issues, or incorrect instructions. The accuracy of test results depends on officers performing their duties according to strict protocols.

If your case relied heavily on field sobriety results, a DUI attorney can assess whether they were properly administered and whether the evidence can be challenged in court.

Are Breathalyzer Results Always Accurate?

No. Breathalyzer results can be inaccurate due to machine calibration errors, improper maintenance or use, or certain medical conditions. Some breathalyzer devices produce false positive results when there is mouth alcohol for other reasons. When a DUI charge relies strongly on breath test results, your lawyer might seek access to calibration and maintenance records to challenge the results by file a motion to suppress (exclude) the evidence.

Can I Be Charged With DUI Without Taking a Chemical Test?

Yes. A DUI charge can be filed using evidence from officer observations, witness reports, or field sobriety tests in lieu of a chemical test. The prosecution benefits from breath or blood tests, but they do not need this kind of evidence to file charges, or, if the evidence of intoxication is strong enough, to obtain a conviction.

Michigan’s Implied Consent law requires that your license be suspended for refusing a chemical (breath or blood) test after arrest.

Contact a Washington Township Drunk Driving Defense Law Firm

The impact of DUI charges in Washington Township extends beyond the legal penalties, and so do your decisions after an arrest. Jeffrey Randa and Associates provides skilled DUI legal representation to people throughout Greater Detroit. Our DUI law firm can help them navigate these challenges while minimizing damage.

Our legal team brings extensive experience and a practical approach to delivering transparent solutions. We offer a flat fee structure and complimentary consultations while ensuring respect for all our clients.

If you are feeling overwhelmed, take the first step toward freedom and have a conversation with us. We will be happy to answer your questions and explain how things work. Reach out to our office today for a free, confidential consultation done over the phone, right when you call.

Washington Township, MI DUI Law Resources

• How to Avoid Jail Time for a 3rd DUI Offense in Michigan
• Michigan 3rd Offense Felony DUI Penalties & Strategies
• How Much Does a DUI Cost?
• Michigan DUI – The Benefits of a Bargain to Impaired Driving
• How will a Michigan DUI Affect my Employment?
• Am I an Alcoholic? (A DUI Does NOT Define You)
• Understanding Plea Bargains in Michigan DUI Cases
• What Happens at a Pre-Trial in a Michigan DUI or Criminal Case
• Probation in a Michigan DUI Case
• Michigan DUI – What Happens after a Blood Test in the Metro-Detroit Area
• The Michigan DUI Process
• The Easy way to get Your DUI Dismissed in Michigan

Meet Our Washington Township, MI DUI Defense Attorneys

We take pride in our team’s exceptional skills and compassionate approach, with a
commitment to being welcoming, extremely friendly, and transparent to all our clients.

Genevieve Taylor

Senior Associate

Genevieve Taylor

Jeffrey J. Randa

Founder

Jeffrey J. Randa

Eric C. Adams

Attorney

Eric C. Adams