DUI Attorney in Royal Oak, MI
Royal Oak’s active bar scene and frequent police presence on busy thoroughfares like Eleven Mile Road, Twelve Mile Road, Main Street, and Woodward and make DUI arrests a regular occurrence, especially during weekends and festivals. If you’ve been charged with a DUI here, you should contact a Royal Oak DUI lawyer from Jeffrey Randa and Associates immediately.
In 2023, law enforcement across Michigan made over 26,000 arrests for alcohol-involved driving incidents, based on statistics from the Michigan State Police. These arrests serve as a reminder of how closely impaired driving is monitored throughout the state.
Michigan law treats all OWI charges seriously, and the penalties can include fines, license suspension, and a criminal record, even for a first offense. A Royal Oak DUI lawyer can explain what your charge means and what may be possible to get the best result in your situation. From the type of chemical and sobriety tests you took to where the stop happened, the details surrounding your arrest dictate how your case should be handled while it winds through the 44th District Court.
DUI Charges in Michigan
Operating while intoxicated (OWI) is Michigan’s legal term for DUI offenses, which cover alcohol and drug impairment. An OWI charge can apply if your BAC reaches 0.08% or above or when officers suspect that your driving skills were compromised. Michigan imposes stricter penalties for individuals with BAC levels above 0.17%, which are known as “super drunk” charges.
A first offense can lead to harsh penalties, including possible jail, monetary fines, and the suspension of your driver’s license. A DUI charge in Royal Oak goes beyond traffic concerns because it represents a significant legal challenge, requiring meticulous attention from a skilled Michigan DUI lawyer.
What If You’re Under 21 and Charged With a DUI?
Michigan has established a strict zero-tolerance policy for underage drivers who operate vehicles. Under the state’s “Zero Tolerance” underage OWI laws, drivers under 21 years of age found with a BAC of 0.02% or higher from even just one drink can be charged. This is separate from a Minor in Possession (MIP) charge, which applies when someone under 21 is caught purchasing, consuming, or simply holding alcohol outside a vehicle. Underage DUI laws focus solely on impaired driving.
Drivers facing penalties under Michigan’s “Zero Tolerance,” underage DUI law may have to perform community service, pay fines, obtain restricted licenses, and complete mandatory alcohol education. Even though the consequences for this DUI offense are less severe than those for a standard OWI, the offender will still have a criminal record.
If a driver has a BAC or .08 or higher, or is otherwise impaired as the result of drugs or alcohol, he or she can be charge with regular OWI at any age.
The active nightlife and strict enforcement in Royal Oak often leads to the very close scrutiny of drivers during traffic stops. If any kind of DUI charge follows, it is imperative to secure qualified DUI help as soon as possible.
What If You Were Driving to Protect Someone Else?
It’s not uncommon for someone to take the wheel while slightly impaired because they believed they were the “safest” option available. Maybe a friend was too drunk to drive, and you didn’t want them to get behind the wheel. While your intentions may have been good, Michigan law doesn’t allow any exceptions based on motive.
You can face charges for driving over the legal limit or while visibly impaired, regardless of your protective intentions, as you can also cause harm to yourself or others. It’s ideal to arrange other options, like a ridesharing service.
How a Lawyer Can Help With a DUI Charge
A DUI charge may feel straightforward, but the legal process behind it can quickly become overwhelming. You don’t need to go through this process without proper support and/or knowledge. A DUI lawyer can explain what you’re facing, challenge weak evidence, and fight for options that limit the damage you face.
A legal strategy may involve challenging the legality of a traffic stop, evaluating the accuracy of field sobriety and/or chemical (breath and blood) test results.
The goal in every DUI case is to either get out of it completely, or, if the evidence is solid, to avoid as many of the legal penalties and negative consequences as possible. In repeat offense cases, you might even be eligible for alternative options that can save your driving privileges. An attorney who knows how DUI cases operate in areas such as Royal Oak can significantly improve your situation.
Always remember that success in a DUI case is best measured by what does NOT happen to you.
FAQs
Do I Have to Take a Breathalyzer or Field Sobriety Test in Michigan?
You are not required to take field sobriety tests or a preliminary breath test (PBT) during a traffic stop in Michigan. These are voluntary for most drivers, and refusing them does not result in criminal penalties. However, if you are arrested and refuse a chemical breath or blood test at the station, that triggers Michigan’s implied consent law. Refusing a chemical test can lead to license suspension and six points on your driving record.
How Many Points Does a DUI Add to My License in Michigan?
If you are convicted of either Operating While Intoxicated (OWI) or OWI with a BAC of .17 or Greater (High BAC) in Michigan, you will receive six points on your driving record.
If you are convicted of the lesser offense of OWVI (Operating While Visibly Impaired, often just called “Impaired Driving”), four points will be added to your driving record
These points remain on your driving record for two years, which can result in increased insurance costs, further penalties for later offenses, or the suspension of your license. The Michigan Secretary of State will force you to undergo a driver reexamination or complete corrective action to maintain your driving privileges if you gain too many points quickly.
Will I Need an Ignition Interlock Device After a DUI?
A court conviction under Michigan’s “super drunk” (High BAC) law requires that you drive with an ignition interlock unit. A judge can also require the use of a BAIID (Breath Alcohol Ignition Interlock Unit). The ignition interlock device prevents the vehicle from starting when it detects alcohol on your breath. You need to pay for both installation and ongoing monitoring of the device. Not following these requirements leads to additional penalties and, in High BAC cases, potential license suspension.
Can a DUI Be Removed From My Driving Record?
No. Michigan’s new laws allow for certain DUI convictions to be removed from criminal records, but these offenses will remain visible on driving records. Motor vehicle records remain accessible to insurance firms, employers, and law enforcement organizations. Driving records are maintained separately from criminal records by the Michigan Secretary of State. This office typically retains DUI entries for life, even after a court-ordered expungement.
Contact a Royal Oak Drunk Driving Defense Law Firm
If you’re facing a DUI in Royal Oak, we can protect you, safeguard your license, and help ensure that you get the best outcome possible. Jeffrey Randa and Associates offers free consultations as well as flat-fee legal services for drivers throughout Metro Detroit. We are friendly and honest people who will treat you the way we’d want to be treated when we need help. Reach out today to talk about your options.
Royal Oak, 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