Fraser DUI Lawyer

DUI Attorney in Fraser, MI

A Fraser DUI lawyer often sees cases that begin with routine traffic stops on local roads, like Utica or 14 Mile Road. What first appears as a simple traffic stop might escalate to significant legal problems. Your first DUI charge can affect your employment status, driving rights, and chances for future opportunities. Second and subsequent offenses carry even more serious potential penalties.

Michigan statutes impose strict penalties for OWI and drug-related driving offenses that extend well beyond the various court dates.  Jeffrey Randa and Associates can protect you and defend your interests throughout your case.

If you were arrested in Fraser, your charge will be decided in the 39th District Court in Roseville, which covers all cases for both the cities of Fraser and Roseville. Understanding your options early in the case can significantly improve your outcome. Having a DUI lawyer who knows the best way to navigate the legal processes allows your interests – both short and long term – to safeguarded.

The Michigan State Police reported 26,408 arrests for alcohol-related driving offenses in 2023. These arrests reflect the ongoing enforcement efforts across the state to reduce impaired driving. They also highlight just how common these charges are for Michigan drivers, and there is no shortage of DUI cases in Fraser.

What a DUI Means in Michigan

The legal term for DUI in Michigan is Operating While Intoxicated, or OWI, for short. A DUI is a criminal matter (technically, a criminal traffic offense), and NOT just  a simple traffic violation. Therefore, a conviction will go on both your criminal record and your driving record, as well.

According to Michigan law, a BAC (blood alcohol content) of 0.08% qualifies as OWI, but a level of 0.17% faces additional penalties under the “super drunk” or “High BAC” law. Police can charge someone with impaired driving even when their BAC is under the legal limit, if they believe their driving ability to be less than normal.

Local courts process these cases swiftly, but the penalties remain with you for years after your arrest. The initial step to safeguard yourself begins with understanding the specific charge(s) against you.

Can You Get a DUI for Prescription Medication in Michigan?

In Michigan, DUI charges can even apply when a person is legally taking medication. The law covers prescription medications, such as painkillers, anxiety medication, and sleep aids. The police can charge you with OWI under Michigan law if they notice you driving impaired from any medication that affects your ability to operate the vehicle in a normal manner.

The absence of a defined “legal limit” for prescription drugs leads officers to depend on their observations and, potentially, consult drug recognition experts (DREs). The complexity of these cases increases, compared to alcohol-related OWIs, when medical history or dosage factors are involved. Prescription drug-related charges require a close examination of the stop and all testing circumstances.

DUI Stops and Your Rights in Michigan

Michigan forbids random DUI checkpoints because they are considered unconstitutional. Police officers are not permitted to establish roadblocks to examine all drivers for impairment signs. Instead, they actively monitor the roads, particularly around bars and event venues, searching for legitimate reasons to conduct vehicle stops. The police need a valid reason, such as a traffic offense or an unusual driving pattern, to pull over your vehicle.

Upon initial contact with a driver, law enforcement may conduct a more thorough investigation if there’s any reasonable suspicion of impairment. You have certain legal obligations, as well as the right to refuse certain requests during a traffic stop. How those things played out can be important in the proper handling of your DUI charge.

The Difference Between OWI and OWVI in Michigan

Under Michigan law, all DUI offenses fall under the definition of OWI (Operating While Intoxicated). Within the statute, there are various degrees of this offense:

A first offense can be charged and/or finalized as a conviction for straight up OWI, High BAC, or OWVI (Operating While Visibly Impaired):

• A breath or blood test showing a BAC of at least 0.08% constitutes chemical evidence in OWI cases
• If that BAC is .17 or greater, you can be charged with the “super drunk,” High BAC offense.
• The least serious charge, OWVI, only requires the prosecution to show that alcohol or drugs impaired your driving, rather than that you had a specific BAC level.

A second offense is much more serious, and a conviction will result in the full revocation (NOT merely a suspension) of your driver’s license, along with the possibility of up to 1 year in jail.

A third offense is a felony, and carries very serious penalties, including the possibility of up to 5 years in prison

The signs of impairment for OWVI charges can include erratic swerving, delayed reaction times, and failing field sobriety tests. Despite requiring less concrete evidence for prosecution, the OWVI charge still results in some serious repercussions, such as 4 points on your driving record, fines and costs, restricted driving privileges, and even potential jail time. By knowing which specific charge you are facing, you can better determine your subsequent actions.

FAQs

Do I Have to Go to Court for a DUI in Michigan?

Yes. The first court appearance for a DUI charge usually involves an arraignment. Your legal situation might lead to several court dates that cover pretrial conferences, motion hearings, a plea (or trial) and then a sentencing. The judge will issue a bench warrant if you fail to show up at your court date. An important part of our job, as Michigan DUI lawyers, is explaining the details of these court dates and your available options for each appearance.

What Should I Do Right After Getting a DUI?

Document all your memories about the traffic stop and testing procedures following your DUI arrest. You should not talk to the police without a lawyer, and avoid making social media posts about your arrest. Review your paperwork to find the court dates and deadlines needed to contest your license suspension. As soon as possible, seek a DUI lawyer to evaluate your case and begin establishing your defense.

Can a Lawyer Really Help With a DUI Case?

Yes, as genuine Michigan DUI lawyers, my team and I can challenge evidence, negotiate plea deals, and guide you through Michigan’s legal system. They may identify issues with the traffic stop, chemical testing, or arrest procedure that could lead to a reduced charge or even a dismissal. An experienced DUI lawyer understands local court systems and can help you avoid the harsh penalties that come from facing your charges alone.

Can You Get a DUI in Michigan If You’re Under 21?

Yes. Michigan maintains a zero-tolerance policy toward underage drivers. Drivers under 21 with a BAC level of 0.02% or above, up to .08 face potential underage OWI charges called “Zero Tolerance.” If the BAC is 0.8 or above, then the driver will face regular adult OWI charges. The charge for a Minor in Possession (MIP) exists as a distinct offense from this situation.

The potential penalties for an underage “Zero Tolerance” offense include:

• Fines
• Community service
• Mandatory alcohol education
• Limited driving rights

While the penalties for a “Zero Tolerance” offense are less harsh than those for an adult OWI, the criminal record from a conviction will remain on your record and can have a serious and negative effect on your future opportunities.

Contact a Fraser Drunk Driving Defense Law Firm

The penalties for a DUI in Fraser are severe, but they don’t have to seriously damage or determine your life’s trajectory. People throughout the Greater Detroit area can find the support they need to confront their legal challenges with clarity and confidence with the experienced DUI team at Jeffrey Randa and Associates. We dedicate time to thoroughly explain your charges while reviewing all the evidence. Then, we can fight to secure the most positive outcome.

Always remember, the goal in a DUI case is to avoid as many of the legal penalties and negative consequences as possible. We know that success in a DUI case is best measured by what does NOT happen to you.

We are proud to offer free initial consultations. We always charge a reasonable flat fee, so you’ll never encounter unexpected expenses. If you have been charged in Fraser (or anywhere in the Greater-Detroit area), take immediate action. The decisions you make matter. Contact our team now to begin preparing your best DUI defense.

Meet Our Fraser, 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