DUI Attorney in St. Clair Shores, MI

In a city like St. Clair Shores, where police patrol both neighborhoods and lakefront roads, DUI stops are common, especially during evenings and weekends. A drunk driving charge here will be handled in the 40th District Court, and can lead to more than just fines or a suspended license, as it can affect your job, insurance, and reputation.

Having a St. Clair Shores DUI lawyer from Jeffrey Randa and Associates protecting your interests can help you navigate this frightening process and get the best outcome possible.

Whether the charge involves alcohol, marijuana, or prescription drugs, Michigan treats DUI offenses seriously. If you’ve been arrested in St. Clair Shores, learning what you’re up against and having the right legal representation is an important first step toward getting back to normal.

Types of DUI Charges in Michigan

Michigan has several types of DUI-related charges, each with its own consequences:

The most common is operating while intoxicated (OWI), which applies if your BAC is 0.08 or higher. This also applies if you are found to be driving under the influence of drugs.

There is a more severe, “super drunk” High BAC charge if your BAC is 0.17 or higher.

The least serious DUI charge, called “Operating While Visibly Impaired” (OWVI) doesn’t require a specific BAC – just proof that your driving was affected by alcohol or drugs.

Even first-time charges carry criminal penalties and license penalties and restrictions.

Repeat offenses carry much harsher potential consequences. Understanding the exact charge you’re facing is the first step toward preparing your defense, protecting your interests, and avoiding long-term damage to your record.

University of Michigan Transportation Research Institute data shows that alcohol and drug use contributed to almost 41% of Michigan’s traffic fatalities in 2023. That year, the state reported 8,817 crashes tied to alcohol (leading to 297 deaths) and 2,250 drug-related crashes, which caused 256 deaths. These numbers illustrate how significant the impact of impaired driving continues to be on Michigan roads.

Penalties for a DUI Conviction

Different factors, such as your BAC level, having any previous offenses, and whether or not there was an accident, or injury to others, factor into the severity of DUI penalties in Michigan. Someone convicted of their first DUI offense can potentially receive 93 days of jail time (although that’s extremely unlikely), a $500 fine (plus costs), a driver’s license suspension along with driving restrictions, and up to 6 points added to their driving record.

Super drunk (High BAC) offenses result in some penalties being doubled, with extended jail time and significantly higher fines, along with a mandatory 45 day complete license suspension (meaning no driving for any reason), followed by 10 ½ months of driving restrictions that requires the use of an ignition interlock unit (Breath Alcohol Ignition Interlock Device, or “BAIID” for short).

The court may also mandate your participation in alcohol education and/or treatment program, as well.

The impact of these consequences reaches beyond the legal penalties, as they influence your employment, job prospects and car insurance premiums while restricting your travel capabilities.

The Role of Chemical Testing in Your Case

The outcome of any breath or blood test always plays a central role in your legal proceedings. Michigan’s “implied consent” laws mandate automatic license penalties if you refuse to take a chemical (breath or blood) test after arrest. This is different from roadside or preliminary test (PBT, or “Preliminary Breath Test”) during the stop, which you can legally refuse without criminal penalties.

It’s critical to understand that test results should not be considered infallible or beyond question. Any test’s reliability depends on when it was performed, the procedures followed during testing, and the testing equipment’s maintenance standards. A defense that questions the test’s accuracy can sometimes result in lowered or even dismissed charges.

As Michigan DUI lawyers, we fundamentally understand the critical role of testing and the results obtained from them. This, in turn, directly influences the defenses that can help your case.

Alcohol vs. Drug-Related DUI Charges

Michigan DUI charges also include offenses related to driving under the influence of drugs; they are not limited to just alcohol. The St. Clair Shores Police Department can arrest you for driving under the influence of drugs such as marijuana, regardless of whether you hold a medical marijuana card. Law enforcement agencies use drug recognition experts (DREs) and blood tests to identify drug impairment.

Drug-related driving charges depend on subjective officer observations because no clear legal limit exists, like with alcohol. St. Clair Shores treats all DUI cases with equal seriousness, yet proving drug-related offenses remains more challenging than alcohol cases. The type of DUI charge you face will determine the strategy used to manage your case.

FAQs

Is a DUI in Michigan a Misdemeanor or Felony?

Under Michigan law, the majority of initial and secondary DUI offenses are classified as misdemeanors. In Michigan, any third DUI offense becomes a felony charge, regardless of the time elapsed between offenses. Also, any offense involving a serious injury or fatality resulting from driving while intoxicated (whether by alcohol or drugs) automatically results in a serious felony charge. Felony DUI convictions can result in extended jail or prison time, substantial fines, the complete revocation of your driver’s license, and serious consequences to your criminal and driving records.

Can You Be Arrested for DUI With a BAC Under 0.08%?

Yes. Operating while visibly impaired (OWVI) charges apply to drivers whose behavior demonstrates impairment, even when their BAC is below the legal limit. Police officers can back up charges through video footage, conducting field sobriety tests, and making direct observations. The penalties for OWVI are less severe than those for OWI (although OWVI still carries a potential of 93 days in jail) yet it remains a misdemeanor that impacts both your driving privileges and criminal record.

What Are the Penalties for a First-Offense DUI in Michigan?

For a more complete explanation, see check out this article about fist offense DUI cases. Depending on the final conviction offense, Michigan imposes penalties such as:

  • Up to 93 days behind bars (up to 180 days in High BAC cases)
  • As much as $500 in fines (Up to $750 in High BAC cases)
  • Up to six points added to your driving record
  • A driver’s license suspension followed by restricted driving for up to 1 year
  • Required alcohol education and/or counseling
  • Probation that includes regular breath and/or urine testing

Beyond the legal penalties, your insurance rates will go up, and you might face job-related consequences, depending on your occupation and/or professional license.

How Long Does a DUI Stay on Your Record in Michigan?

Before 2022, DUI offenses stayed on your criminal record permanently. Now, Michigan permits expungement of select first-time DUI convictions five years following the conviction. This does NOT apply in DUI cases that resulted in injury or death, nor is it available for anyone with second or subsequent DUI conviction.

A formal court application is necessary, and you must meet the specific eligibility requirements. Although an expungement will remove the DUI conviction from your criminal record, it does NOT and cannot remove it from you driving record.

Contact a St. Clair Shores Drunk Driving Defense Law Firm

If you have charged with DUI in St. Clair Shores, Jeffrey Randa and Associates can help you produce the very best result possible. Call us for a free, confidential consultation – conveniently done over the phone.

We offer flat-fee pricing to keep the process simple and affordable. Our team serves drivers across the greater Detroit area.

We’ll make sure you thoroughly understand your options and follow the best legal strategy. Remember, success in a DUI case is always best measured by what does NOT happen to you.

Contact us today to learn how we can help.

St. Clair Shores, MI DUI Law Resources

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St. Clair Shores

DUI Attorney in St. Clair Shores, MI

In a city like St. Clair Shores, where police patrol both neighborhoods and lakefront roads, DUI stops are common, especially during evenings and weekends. A drunk driving charge here will be handled in the 40th District Court, and can lead to more than just fines or a suspended license, as it can affect your job, insurance, and reputation.

Having a St. Clair Shores DUI lawyer from Jeffrey Randa and Associates protecting your interests can help you navigate this frightening process and get the best outcome possible.

Whether the charge involves alcohol, marijuana, or prescription drugs, Michigan treats DUI offenses seriously. If you’ve been arrested in St. Clair Shores, learning what you’re up against and having the right legal representation is an important first step toward getting back to normal.

Types of DUI Charges in Michigan

Michigan has several types of DUI-related charges, each with its own consequences:

The most common is operating while intoxicated (OWI), which applies if your BAC is 0.08 or higher. This also applies if you are found to be driving under the influence of drugs.

There is a more severe, “super drunk” High BAC charge if your BAC is 0.17 or higher.

The least serious DUI charge, called “Operating While Visibly Impaired” (OWVI) doesn’t require a specific BAC – just proof that your driving was affected by alcohol or drugs.

Even first-time charges carry criminal penalties and license penalties and restrictions.

Repeat offenses carry much harsher potential consequences. Understanding the exact charge you’re facing is the first step toward preparing your defense, protecting your interests, and avoiding long-term damage to your record.

University of Michigan Transportation Research Institute data shows that alcohol and drug use contributed to almost 41% of Michigan’s traffic fatalities in 2023. That year, the state reported 8,817 crashes tied to alcohol (leading to 297 deaths) and 2,250 drug-related crashes, which caused 256 deaths. These numbers illustrate how significant the impact of impaired driving continues to be on Michigan roads.

Penalties for a DUI Conviction

Different factors, such as your BAC level, having any previous offenses, and whether or not there was an accident, or injury to others, factor into the severity of DUI penalties in Michigan. Someone convicted of their first DUI offense can potentially receive 93 days of jail time (although that’s extremely unlikely), a $500 fine (plus costs), a driver’s license suspension along with driving restrictions, and up to 6 points added to their driving record.

Super drunk (High BAC) offenses result in some penalties being doubled, with extended jail time and significantly higher fines, along with a mandatory 45 day complete license suspension (meaning no driving for any reason), followed by 10 ½ months of driving restrictions that requires the use of an ignition interlock unit (Breath Alcohol Ignition Interlock Device, or “BAIID” for short).

The court may also mandate your participation in alcohol education and/or treatment program, as well.

The impact of these consequences reaches beyond the legal penalties, as they influence your employment, job prospects and car insurance premiums while restricting your travel capabilities.

The Role of Chemical Testing in Your Case

The outcome of any breath or blood test always plays a central role in your legal proceedings. Michigan’s “implied consent” laws mandate automatic license penalties if you refuse to take a chemical (breath or blood) test after arrest. This is different from roadside or preliminary test (PBT, or “Preliminary Breath Test”) during the stop, which you can legally refuse without criminal penalties.

It’s critical to understand that test results should not be considered infallible or beyond question. Any test’s reliability depends on when it was performed, the procedures followed during testing, and the testing equipment’s maintenance standards. A defense that questions the test’s accuracy can sometimes result in lowered or even dismissed charges.

As Michigan DUI lawyers, we fundamentally understand the critical role of testing and the results obtained from them. This, in turn, directly influences the defenses that can help your case.

Alcohol vs. Drug-Related DUI Charges

Michigan DUI charges also include offenses related to driving under the influence of drugs; they are not limited to just alcohol. The St. Clair Shores Police Department can arrest you for driving under the influence of drugs such as marijuana, regardless of whether you hold a medical marijuana card. Law enforcement agencies use drug recognition experts (DREs) and blood tests to identify drug impairment.

Drug-related driving charges depend on subjective officer observations because no clear legal limit exists, like with alcohol. St. Clair Shores treats all DUI cases with equal seriousness, yet proving drug-related offenses remains more challenging than alcohol cases. The type of DUI charge you face will determine the strategy used to manage your case.

FAQs

Is a DUI in Michigan a Misdemeanor or Felony?

Under Michigan law, the majority of initial and secondary DUI offenses are classified as misdemeanors. In Michigan, any third DUI offense becomes a felony charge, regardless of the time elapsed between offenses. Also, any offense involving a serious injury or fatality resulting from driving while intoxicated (whether by alcohol or drugs) automatically results in a serious felony charge. Felony DUI convictions can result in extended jail or prison time, substantial fines, the complete revocation of your driver’s license, and serious consequences to your criminal and driving records.

Can You Be Arrested for DUI With a BAC Under 0.08%?

Yes. Operating while visibly impaired (OWVI) charges apply to drivers whose behavior demonstrates impairment, even when their BAC is below the legal limit. Police officers can back up charges through video footage, conducting field sobriety tests, and making direct observations. The penalties for OWVI are less severe than those for OWI (although OWVI still carries a potential of 93 days in jail) yet it remains a misdemeanor that impacts both your driving privileges and criminal record.

What Are the Penalties for a First-Offense DUI in Michigan?

For a more complete explanation, see check out this article about fist offense DUI cases. Depending on the final conviction offense, Michigan imposes penalties such as:

  • Up to 93 days behind bars (up to 180 days in High BAC cases)
  • As much as $500 in fines (Up to $750 in High BAC cases)
  • Up to six points added to your driving record
  • A driver’s license suspension followed by restricted driving for up to 1 year
  • Required alcohol education and/or counseling
  • Probation that includes regular breath and/or urine testing

Beyond the legal penalties, your insurance rates will go up, and you might face job-related consequences, depending on your occupation and/or professional license.

How Long Does a DUI Stay on Your Record in Michigan?

Before 2022, DUI offenses stayed on your criminal record permanently. Now, Michigan permits expungement of select first-time DUI convictions five years following the conviction. This does NOT apply in DUI cases that resulted in injury or death, nor is it available for anyone with second or subsequent DUI conviction.

A formal court application is necessary, and you must meet the specific eligibility requirements. Although an expungement will remove the DUI conviction from your criminal record, it does NOT and cannot remove it from you driving record.

Contact a St. Clair Shores Drunk Driving Defense Law Firm

If you have charged with DUI in St. Clair Shores, Jeffrey Randa and Associates can help you produce the very best result possible. Call us for a free, confidential consultation – conveniently done over the phone.

We offer flat-fee pricing to keep the process simple and affordable. Our team serves drivers across the greater Detroit area.

We’ll make sure you thoroughly understand your options and follow the best legal strategy. Remember, success in a DUI case is always best measured by what does NOT happen to you.

Contact us today to learn how we can help.

St. Clair Shores, MI DUI Law Resources