DUI Rights in Michigan – Michigan DUI Help
After being arrested for Operating While Intoxicated (OWI) – which is the term most often used for DUI my Michigan law enforcement – it is important to begin fighting these charges as soon as possible to keep your life on the right track. Being convicted of OWI is a very serious thing that can have major repercussions on your personal and financial future. The professionals at DUIRights.com can help to evaluate your OWI case including the arrest details and information on the charges to help you build the best possible defense against being convicted, hopefully having your case dismissed or charges lessened.
Penalties for First Time OWI in Michigan
The penalties associated with being convicted of OWI can easily derail an individual’s personal and financial life, which is why it is so important to begin fighting the charges as soon as possible. In the state of Michigan, first time offenders will face up to 93 days of jail time, paying fines and penalties between $100 and $500, having their license suspended for up to six months, and possibly having to use an Ignition Interlock Device in order to drive their vehicle.
Understanding Your OWI Rights
What many individuals may not realize is there are times when someone is arrested for DUI and OWI, their rights are violated by the officer doing the arrest. This may not be on purpose, just ignorance to specific procedures for this specific law. In most cases, a good OWI attorney can use the fact that their client’s rights were violated to their advantage, often giving reason to have the individual’s charges reduced to something less serious like reckless driving or “wet reckless” or having the case dismissed from court completely. In order to learn more about the events of the arrest, your attorney may ask you the following questions:
- Why was a traffic stop conducted?
- Was the car in operation when the traffic stop was conducted?
- Was any field sobriety testing given? How was it administered?
- Was a Breathalyzer test given? How long after your last drink did you take the test?
- Did the arresting officer read and explain your rights to you, also known as Miranda Rights?
- Was the car being driven or in operation when the stop occurred?
- Did the officer’s observations align with other witness’s observations?
The answer to these questions will help the attorney recreate the events of the arrest, helping them to easily identify which of their client’s rights were violated which can help to strengthen their case.
Protect your rights and learn how to get your Michigan DUI charges dismissed. Get Started Now by filling out the Free DUI Arrest Evaluation Form to get the answers you need.
No matter how guilty you may think you were at the time of the arrest, we want you to know one important thing: There is ALWAYS an aggressive and effective defense that will help you fight for the best possible outcome. In our experience, many officers do not follow proper field sobriety test procedures. In fact, challenging probable cause and the way field sobriety tests, blood tests and breath tests were administered is often a successful strategy to reduce or drop the charges. Also, many people plead guilty prematurely based on a breath test with a result above the legal limit. This is a common and costly mistake, as there are a variety of ways in having the breath test suppressed as we will show you how to do.
If you rely solely on a public defender to help you, your chances will be limited in preserving financial security and effectively winning your case. We will help you protect yourself against an unfair court system and not risk losing your license or financial security. With our help, we will show you the easy to understand steps needed to get your Michigan DUI charges dismissed effectively and take back the control of your situation by being equipped with the real information and representation you need to win your case. At DUIRights.com, you will see that it’s never too late or difficult to drastically lower or eliminate your DUI arrest charges, if that’s your desire.
DUI Laws in Michigan
Michigan offers some of the tougher fines and penalties in the country in that an IID (ignition interlock device) may be required after only the first violation and license suspension maximums are left up to the judge for repeat offenders. Michigan also categorizes a DUI as OWI (operating while intoxicated).
Consequences for Refusing to Take Chemical Tests
Anyone refusing to take chemical tests in Michigan after a DUI arrest will face an automatic license suspension:
- First offense – one-year suspension
- Second offense – two-year suspension
- Third offense – five-year suspension
Challenging BAC Levels in Court
Michigan is a Zero Tolerance state for drivers under the age of 21. All other blood alcohol content levels are the same as they are in most states across the country:
- Drivers that are 21 years or older, .08 percent
- Drivers under the age of 21, .00 percent, Zero Tolerance
- Commercial drivers, .04 percent
Is There Mandatory Jail Time Required for a DUI/OWI in Michigan?
First time offenders may see more jail time in Michigan than other states, but maximum sentences from that point forward are rather low:
- First time offenders – up to 93 days in jail
- Second time offenders – between five days and one year jail
- Third time offenders – between 30 days and one year in jail
Michigan has a 7-year washout period for DUI/OWI.
Monetary Fines and Penalties for DUI/OWI in Michigan
Monetary fines are fairly low in Michigan compared to other states:
- First offense – fines ranging from $100 to $500
- Second offense – fines ranging from $200 to $1,000
- Third offense – fines ranging from $200 to $1,000
License Suspension for DUI/OWI in Michigan
This is the one area of DUI/OWI where judges can really make an example out of defendants with no maximum penalty listed for repeat offenders:
- First offense – up to six months suspension
- Second offense – minimum of one year suspension, no maximum posted
- Third offense – minimum of one year suspension, no maximum posted
IID installation is not mandatory for first time convictions, but all repeat offenders are required to have an ignition interlock device placed on their vehicle.
Reasons to Hire a Michigan DUI Attorney
Within 77 days of a DUI arrest, a court will render its conviction decision. This does not give a defendant much time to prepare a strong case, so retaining a lawyer is recommended. The court may appoint a public defender if the defendant is indigent but this inexpensive or free legal counsel may not be qualified to handle a DUI case. Few public defenders have in-depth knowledge of DUI laws and even those who do may be too busy to put much effort into research and courtroom defense.
When the goal is to fight the DUI charge and win, a DUI attorney is more effective. Expertise with DUI cases and the ability to make solid arguments in court make this lawyer the best choice. Defendants get one chance to prove their innocence, so they should select legal counsel who can do this. Public defenders should be left to handle less severe crimes.
Driver license suspension, fines, and jail time are a few penalties for first-time DUI convictions. To avoid these, the defense must establish reasonable doubt regarding guilt. A DUI lawyer is better equipped to do this, calling on witnesses and medical experts for supporting evidence. Getting a judge to reduce charges or throw out the case prevents a DUI arrest from ruining a defendant’s life.
Finding a DUI/OWI Attorney in Michigan
Attorneys specialize in different areas of the law, so it can be difficult to find a DUI lawyer without help. DUIRights.com is an online resource that matches individuals arrested for DUI with attorneys who handle these cases. To locate a Michigan DUI lawyer, complete our online arrest evaluation form so our representatives can make the match.
Benefits of working with DUIRights.com include a free DUI case evaluation. A local DUI attorney will review case details, explain items that are unclear, and recommend how to proceed. If the defendant chooses to plead not guilty, the attorney can be retained to develop the defense argument. If a guilty plea will be entered, the lawyer may be able to have penalties reduced.
Being arrested for a DUI/OWI in Michigan can literally be a life-changing experience. This is something that can damage your future as well as possibly cost you your current job. To avoid having a DUI/OWI on your permanent record, you may need a local, skilled attorney that can help you fight the charges. If you are arrested and charged with a DUI in Michigan, you can submit your case for a free evaluation and find a licensed, local attorney.