Eastpointe DUI Lawyer

DUI Attorney Eastpointe, MI

An Eastpointe DUI lawyer from Jeffrey Randa and Associates can navigate the legal system after a drink driving arrest. Drivers in Eastpointe frequently receive DUI citations following standard traffic stops that take place near busy streets such as Nine Mile Road, Ten Mile Road, and Gratiot Avenue. An initial traffic stop for swerving or speeding may escalate to a criminal charge, which can produce permanent consequences.

The details of your case, such as roadside tests, breathalyzer results, and blood samples taken during a DUI arrest, will determine how your case unfolds in Eastpointe’s 38th District Court. Knowing your rights and how to challenge the evidence against you is crucial if you face charges in Eastpointe. Having the right lawyer explain and guide you through the legal process can help reduce the intimidation you experience.

What Is a DUI in Michigan?

Michigan law refers to driving under the influence as Operating While Intoxicated, or OWI. Driving while under the influence of either alcohol or drugs results in this charge. An arrest for DUI does not require you to be visibly intoxicated.

A driver can face charges if their blood alcohol content (BAC) reaches 0.08% or more. A blood alcohol content of 0.17% or higher leads to an enhanced DUI charge, known as “High BAC,” and sometimes called “super drunk,” resulting in more severe penalties.

A driver can face Impaired Driving charges (“Operating While Visibly Impaired,” or OWVI, part of the larger OWI  law linked above), even if they are below the legal limit. To support this charge the office must believe that the person’s driving ability was impaired by the consumption of alcohol, or drugs, even if the person has a valid prescription.

Driving under the influence qualifies as a criminal offense rather than a basic traffic violation. A conviction for OWI or Impaired Driving can bring subsantial penalties, so these cases require careful handling by a skilled DUI attorney.

In Michigan, alcohol and drugs were involved in close to 41% of all roadway deaths in 2023. Statistics from the University of Michigan Transportation Research Institute report 8,817 crashes involving alcohol and another 2,250 involving drugs. These crashes resulted in 297 alcohol-related fatalities and 256 drug-related fatalities statewide.

Understanding the 38th District Court Process for DUI Cases

All DUI cases in Eastpointe are handled in the 38th District Court, on Nine Mile Road. At some point following your arrest, you will receive paperwork to attend an arraignment hearing. During the hearing, the court reads the charges against you and establishes bond conditions, which always include an order for no drinking. Once the arraignment occurs, the next steps typically involves pretrial conferences to explore the evidence, and, if it’s strong enough, to explore possible plea agreements.

Ultimately, unless your case is dismissed outright, the judge will evaluate your driving history, along with your BAC level, as well as any aggravating circumstance circumstances, such as previous convictions or involvement in an accident.

The goal in every DUI case is to avoid as many of the legal penalties and negative consequences as possible. Our firm lives by the motto that “success in a DUI case is best measured by what does NOT happen to you.”

What Counts as Reasonable Suspicion for a DUI Stop?

Law enforcement must have a legitimate reason to pull you over before they can proceed with a DUI arrest. Reasonable suspicion refers to the legal justification that the police require to stop a driver. This is always a critical point of inquiry in DUI cases. “Reasonable suspicion” may include concerning or erratic behaviors, such as swerving or speeding, or even minor offenses, like a broken tail light or failure to use a turn signal.

After pulling you over, officers search for evidence of impairment through slurred speech patterns, red eyes, and the odor of alcohol. If they suspect intoxication, the police will ask that you perform field sobriety tests and/or provide a breath test sample. An invalid initial stop can profoundly influence how your case develops, and, if challenged successfully, can result in a dismissal.

Every person has legal rights. Having a lawyer who understands the legal requirements the police must observe during a DUI traffic stop is critical to protecting you and your rights.

What Happens If You Refuse a Breath Test in Michigan?

Michigan’s “Implied Consent” law requires drivers to submit to chemical testing for DUI if they are lawfully arrested. Refusing to submit to blood or breath testing after being arrested leads to a mandatory license suspension for one year. It also adds six points to your driving record for first-time refusals. This doesn’t apply to a roadside or preliminary breath test, often called a “PBT,” which you’re allowed to decline without automatic license penalties.

You’ll face Implied Consent penalties independently of the criminal proceedings. The Michigan Secretary of State oversees the process to appeal the automatic license suspension, which requires that you make a hearing request within 14 to challenge the suspension. A refusal to undergo chemical testing doesn’t prevent DUI charges; instead, it makes your legal situation more complex and restricts your driving privileges.

FAQs

Will I Lose My License After a DUI in Michigan?

No – but drivers convicted of DUI offenses will face license penalties as a standard part of their sentencing:

• A conviction for a first OWI offense results in a 180-day license penalty. The person will not be able to drive at all for 30 days, and will have a restricted license for the remaining 5 months.
• For a High BAC (OWI with a BAC of .17 or higher), there is a 1-year license penalty. The person will be unable to drive at all for the first 45 days, and then will be granted a restricted license that requires the installation and use of an ignition interlock unit for the remaining 10 and 1/2 months.
• A conviction for OWVI (“Impaired Driving“) merely results in a 90-day restriction of the driver’s license. This basically allows the person to drive for necessary purposes, but not for pleasure.

Driving privileges can be permanently revoked for repeat offenders.

What Happens If I Refuse a Breath or Blood Test in Michigan?

If you refuse to submit to a breath or blood test following a DUI arrest, Michigan’s implied consent law requires the automatic license suspension for one year and the addition of six points to your driving record. The penalty stands as an independent consequence from the DUI charge. Your right to challenge the suspension exists, but it requires you to ask for a hearing before the 14-day deadline passes.

How Does a DUI Affect My Car Insurance?

Driving under the influence usually results in a hike to your car insurance premiums. Insurers view DUI offenders as high-risk drivers. Your insurance policy might be fully terminated under certain circumstances. Your insurance premiums can remain elevated for multiple years following the conclusion of your legal case.

Can I Go to Canada After a DUI in Michigan?

Canadian immigration policies include stringent entry restrictions for individuals who have been convicted of a DUI, so a Michigan misdemeanor OWI conviction can result in being barred from entering Canada. Your eligibility for a Temporary Resident Permit (TRP) or criminal rehabilitation depends on the specific details of your case and the elapsed time since the offense. Travelers with a previous DUI should seek guidance from an immigration attorney.

Contact an Eastpointe Drunk Driving Defense Law Firm

Facing a DUI in Eastpointe can cause significant stress, but there are ways to fight this charge. For more than 30 years, clients throughout the Metro Detroit area have relied upon the DUI law firm of Jeffrey Randa and Associates to produce the best results possible.

We are honest and friendly people who provide a free and confidential consultation, conveniently done over the phone. Our firm offers fixed-fee representation services, and our Fees are published online.  Contact us today to gain control over your situation, answers about your case, and to explore your options.

Eastpointe, 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 Eastpointe, 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