Michigan DUI Lawyer

Michigan DUI Attorney

A DUI arrest is stressful. When you’re facing an OWI (operating while intoxicated) charge, you need to get out of it as completely and painlessly as possible.

As your Michigan DUI lawyers, we know how to fight and win. We’ll take care of everything.

What Are the Penalties for OWI in Michigan?

When it comes to specific penalties for driving under the influence in Michigan, much will depend on the specific charge(s) made against you. Each one is different and carries distinct penalties you or a loved one will be facing.

• OWI: A first-time offense OWI (Operating While Intoxicated) brings with it the potential for:
  • Up to 93 days in confinement in jail
  • A fine ranging from $100 to $500
  • Court costs
  • Community service (360 hours)
  • Potential vehicle immobilization, and
  • Possible district court-ordered BAIID (Breath Alcohol Ignition Interlock Device) required during your probation
• OWVI: For a first offense of OWVI (Operating While Visibly Impaired), penalties include:
  • Up to 93 days of jail time,
  • A fine up to a potential of $300
  • Court costs
  • 45 days (or 360 hours) of community service
  • Probation
  • Possible vehicle immobilization, and
  • Potential court-required ignition interlock
• UBAC / UBAL: First offense UBAC / UBAL (unlawful bodily alcohol content/level) brings with it the same potential penalties as OWI, above

For OWI with BAC of .17 or more (High BAC)

• Up to 180 days in jail (increased from 93 days)
• Fine of $200 but not more than $700 (increased from $100 but not more than $500)
• One year license suspension with restrictions permitted after 45 days (increased from six-month license suspension with restrictions permitted after 30 days)
• Up to 360 hours community service (same)
• Cost of prosecution (same)
• Immobilization not exceeding 180 days allowed (same)
• 6 points on the driving record (same)
• Mandatory alcohol treatment program or self-help program for a period of not less than one year.
• Motorists who wish to drive after the 45-day license suspension may do so only after a breath alcohol ignition interlock device is installed on their vehicle for the remained of the 1 year suspended/restricted period.

For second or third offenses, the penalties under Michigan’s drunk driving laws are SIGNIFICANTLY more serious and can include jail and mandatory driver’s license revocation.

Second Offense OWI, UBAL, or OUID:

• 5 days to 1 year in jail, or
• 30 to 90 days Community Service, and
• 1 year Revoked License (no driving at all, no license available)
• $200 to $1000 fine, plus costs
• License Plate Confiscation
• Vehicle Immobilization from 90 to 189 days, unless vehicle is forfeited
• Possible Vehicle Forfeiture
• 6 Points on your Driving Record

Third Offense OWI, UBAL, or OUID:

• 1 to 5 years in the State Prison, or
• 30 days to 1 year in the County Jail followed by Probation
• 5 years Revoked License (no driving at all, no license available)
• $500 to $5000 fine, plus costs
• 60 to 180 days Community Service
• License Plate Confiscation
• Vehicle Immobilization 1 to 3 years unless vehicle is forfeited
• Possible Vehicle Forfeiture
• Registration Denial
• 6 Points on your Driving Record
• $1000 Driver Responsibility for 2 years

In second and third-offense cases, or when aggravating factors are present, such as injury to another individual or death, the potential penalties are substantially more severe, and you will need an experienced Michigan criminal defense attorney in your corner.

• OWI causing serious injury of an individual:
  • Up to five years of prison time,
  • Fines ranging from $1,000 up to $5,000,
  • Mandatory driver’s license revocation and
  • Vehicle immobilization (mandatory)
• OWI causing the death of an individual:
  • Up to 15 years in prison,
  • Fines in the range of $2,500 to $10,000,
  • Mandatory driver’s license revocation, and
  • Court-ordered vehicle immobilization

Our firm lives by the gold standard that success in a DUI case is best measured by what does NOT happen to you.

Instead of letting you stress out about things that probably won’t happen, we provide real help and focus on avoiding the penalties that are realistic, like:

• Losing your driver’s license
• Getting stuck on long and demanding probation
• Being ordered into unnecessary counseling or treatment
• Having to follow a burdensome alcohol and/or drug testing schedule

How Our Law Firm Can Help You With the Charges

Our first priority is to get your OWI charge dismissed or reduced, and my team and I are in court almost every day doing just that. We know how to manage this.

Our firm concentrates its practice to the local courts of the Greater Detroit area, meaning Wayne County, Oakland County, Macomb County, and the surrounding area. Because we are in these same courts day in and day out, we know how things are done in each of them and how to get the most favorable outcome for you.

Looking at the Evidence

In a DUI case, every single bit of evidence must be carefully examined by your criminal defense lawyer. This requires much more than just “looking it over” or “reviewing it.”

Whatever else, a Michigan DUI case won’t dismiss itself. My team and I know all the little things that determine whether a DUI charge can stick or not, and we know how and where to look for them. The evidence in a drunk driving case involves a lot more than just your score on a breath (or blood) test and includes:

• Everything that led to your first contact with the police
• The field sobriety tests
• The methods used to collect and analyze your breath (or blood) sample
• The science underlying those results

Your drunk driving attorney will meticulously sort through all of it so you can get out of this situation with as little damage as possible.

Should I Get a Lawyer for a DUI in Michigan?

If you’re facing a DUI charge in the Greater Detroit area, you need a Michigan DUI lawyer who is experienced, honest, and just plain good at this. You need someone you can really talk to, who will tell you what you need to hear – and not merely what you want to hear.

With more than a half-century of combined experience as Michigan DUI attorneys, we have an unsurpassed level of knowledge and the actual working skills to actually make things better for you. This is what characterizes us as a genuine Michigan DUI law firm.

Every facet of your case will be properly handled, and you can feel comfortable knowing someone you can really trust is looking out for you.

I am unique among DUI lawyers because I am clinically trained, having completed a formal program of addiction studies at the post-graduate university level.

This additional education gives me and my team the unrivaled ability to help you avoid difficult probation with demanding classes, counseling, and treatment when your drinking is NOT a problem.

On the flip side, it provides us with the ability to help you like no other OWI lawyer if your relationship with alcohol HAS become troublesome.

We won’t let a DUI define you — we’ll help put it behind you.

We will do what’s necessary so that your case goes smoothly, and we’ll get you through this rough patch so you can move on with your life.

• If you’re facing a first offense DUI, we’ll handle your case to put you in the position to get the conviction off your record as soon as possible.
• If you’re facing a second-offense DUI or a third-offense DUI charge, we will get you through it with the fewest possible consequences.

This is especially important for anyone with an occupational or professional license through the Michigan Department of Licensing and Regulatory Affairs (LARA).

My team and I truly care about our clients, and we pour our hearts and souls into bringing every case to the very best conclusion possible.

There is no more dedicated kind of DUI help than that.

What Defenses Can a Michigan DUI Lawyer Use in Court?

Some of the defenses that our knowledgeable Michigan DUI attorneys may be able to use in OWI cases include the following.

• Improper stop: In Michigan, a police officer cannot legally make a stop unless there is reasonable suspicion that a driver violated a particular law. We will review the specific circumstances surrounding your case to identify when and if an illegal or improper stop has occurred. For example, if the police officer witnesses you leaving somewhere known to be drinking and stops you without seeing you actually consume alcohol, the improper stop DUI defense may be used because there may not have been probable cause to do so.
• Improper BAC test (blood alcohol content): Results received from breath and/or blood alcohol tests can be challenged on the grounds that the equipment or instruments used may be faulty, the test was administered improperly, or the evidence otherwise mishandled. The equipment must be properly calibrated, and the courts know that BAC test results are not always 100% reliable.
• Lack of evidence of who was operating the vehicle: In circumstances where it is difficult to prove who was operating a vehicle, we may use a lack of evidence defense. Even if you were impaired, the prosecutor may not be able to prove that you were actually driving the vehicle, and we will assert this drunk driving defense when appropriate.

Can You Refuse a Breathalyzer Test in Michigan?

There are two kinds of tests referred to as breathalyzers, and the consequences of refusing are different for each:

1. The preliminary breath test (PBT) is done on a portable unit at the time of a person’s arrest. While relatively accurate, these tests cannot provide a reliable enough measure of a person’s BAC for evidentiary purposes in the context of a DUI case.
2. The formal, post-arrest breath or blood test is more important. If you decline to provide a breath or blood sample at this stage, the police will almost certainly obtain a warrant for a blood draw.

Refusing a PBT is a civil infraction that results in a ticket and carries a maximum fine of $150, plus costs. There are no points assigned to a person’s driving record, and refusing this test CANNOT result in any kind of driver’s license suspension.

Refusing the post-arrest breath or blood test will get you separately cited for an “Implied Consent Refusal,” and your license will be automatically suspended for a year. While you can still go to court and request a restricted license, a pending refusal adds a lot of extra work to obtaining any kind of driving privileges.

Our opinion: Always take the test. In the real world, refusing is way more trouble than it’s potentially worth.

Why Work With Jeffrey Randa and Associates

The criminal defense, driver’s license restoration, and DUI defense attorneys here at Jeffrey Randa and Associates understand what is involved when you are facing any kind of drunk driving charges. We help you avoid the potential legal penalties and negative consequences while we focus on winning your case.

We only take on cases where our prior years of experience as a defense firm can help you. We work within the local court systems of Wayne, Oakland, Macomb and surrounding counties every single day, so we know what works here, and what does not. This means we know how to produce the best outcome possible in your case.

Frequently Asked Questions About DUI in Michigan

Here are questions we often hear from our clients.

Next Steps After Receiving a DUI Charge in Michigan

The DUI section of this website provides a great starting point for someone facing a drunk driving charge to get some real-world information.

To learn even more about OWI charges (and how we can help with yours), go to the DUI section of our blog. It is fully searchable, and you can find more useful information there than is available anywhere else. Within those articles, every aspect of the DUI process explained in accurate and easy-to-understand detail.

If you need to hire a lawyer for a DUI charge anywhere in the Metro-Detroit area, be a smart consumer, check around, and talk to as many lawyers or law firms as you can.

Then — contact us.

All of our free consultations are confidential and done over the phone, right when you call. My team and I are very friendly people who will gladly answer your questions, explain things, and even compare notes with anything another lawyer has told you.

You can reach us Monday through Friday, from 8:30 a.m. until 5:00 p.m., at 586-465-1980.