Driving Under the Influence in Detroit
Have you been stopped for driving while intoxicated?
Have you been arrested for driving while intoxicated?
If the answer to either of these questions is yes, you need to contact the OWI / DWI Law Offices of “Insert Attorney Name” Attorney in Detroit. Our office represents clients facing charges of driving under the influence of alcohol or drugs (DUI). These charges are very serious and we understand how stressful this time can be. We will work to obtain the best possible results for you. Our attorneys have a great deal of knowledge regarding current DUI laws and the procedures that need to be followed in cases such as these.
Our experienced attorneys will be the difference between your worst-case and best-case scenarios.
Drunk Driving Overview – New Legislation
The Michigan Governor signed 2 bills into law stating that Michigan’s blood alcohol threshold for drunk-driving offenses is .08%. The following is a summary of the new laws:
- Operating while intoxicated: The offense, once known as “Operating under the influence of liquor” will now be
known as “Operating While Intoxicated”.
- Blood alcohol level of .08% or more
- Under the influence of alcohol, a controlled substance, or a combination of both
- Operating while impaired: Legislation retains the offense of Operating While Visibly Impaired.
- No longer a blood-alcohol threshold
- Presumptions Gone: Under the prior statue, if you had a BAC of .10% or greater, you were presumed to be
operating under the influence of liquor.
- Operating while intoxicated - BAC of greater than .07% but less than .10%
- Not impaired if BAC is .07% or less
- The above presumptions are gone from the new legislation
- prosecutor can now charge impaired driving even with a BAC level of .07% or less
- Ignition Interlock Devices:
- You must install an ignition interlock device on your vehicle if charged with DUI.
- Even with a 6-month license suspension, this device can remain on your vehicle up to 2 years.
- Driving with any amount of controlled substance: This offense states that you will be arrested if found
driving with any of the following in your blood stream.
Plus - it has the same consequences as “Operating While
Intoxicated” charges in regards to jail, fines,
community service and license suspension. By doing a
hair test, it is possible to find these substances in
your body up to 90 days after the fact.
- Opiates
- Opium derivatives
- Hallucinogens
- Marijuana
- GHB
- Ecstasy
- Cocaine
- No plea to zero tolerance allowed
- Old statute allowed court to accept a reduced plea, from previous offense to zero tolerance offense (with prosecutor’s agreement)
- Today – can only dismiss original charge on motion from prosecutor
- Reduced pleas still possible – will be more detailed
- Blood Alcohol Content
- Old law presumed that your BAC was the same at time of testing as it was when you were driving.
- New law makes the presumption mandatory.
- You must disprove the assumption with affirmative evidence
- Implied Consent Suspension: New law lengthens implied consent suspensions to:
- 1 year for first refusal
- 5 years for all subsequent refusals – within a 7-year period
- Minor with alcohol in vehicle
- A police officer can make complaint against owner of the vehicle – show cause why the vehicle should not be impounded
- The court can order the vehicle impounded for 15 to 30 days
- Sentencing Guidelines (OV3 and OV-18)
- New BAC is .08% or greater
- If death is involved, OV-3 includes 50 points
- OV-18 deletes the 5 points for a BAC of .07% or greater – but less than .10%
- All offenses with a BAC of .08% or more, but less than .15% falls into the 10-point category.
- Effective Date / Sunset Provision
- New statute has been in effect since September 30, 2003
- New .08% BAC will be in effect until October 1, 2013
Field Sobriety Tests
- The Horizontal Gaze Nystagmus (HGN)
- Police officer positions something (a pen) about 12-15 inches away from your nose and slightly above eye level.
- He moves the pen from center to left and then center to right – checking equal tracking of the eyes and pupil size
- If equal tracking is not observed, test is over due to a possible medical problem
- This test determines if you can follow the pen coherently
- Officers need to be trained to administer this test – not always given correctly
- The Walk and Turn
- The officer will ask you to place your left foot on a line and then your right foot on the line in front of your left foot – he will read instructions to you at that time
- The officer will demonstrate the test to you
- You will then have to take 9 heel-to-toe steps – looking at your feet and counting each step out loud
- You must keep walking until you have completed the task
- This test requires a straight line
- The One-Leg Stand
- You must raise one leg off the ground about 6 inches – keep it straight with toes pointed
- You must count out loud for 30 seconds starting with “one thousand and one, one thousand and two” until you are told to stop
- You fail if: you use arms for balance, you sway, you put your foot down or you hop
- If you are wearing 2 inch heels or higher, you should remove them first
Penalties for DUI / OWI in Detroit
1st Offense
- Misdemeanor
- Up to $300 in fines
- Up to 93 days in jail
- Up to 45 days of community service
- License suspension
2nd Offense
- Misdemeanor
- $200 to $1,000 in fines
- 5 days to 1 year in jail
- 30-90 days of community service
- License suspension – minimum 1 year
- Removal of license plate
Additionally If you refuse to take a blood, breath or urine test after being arrested, your license could be suspended. Michigan has a 14-day limit law: You need to request an administrative hearing within 14 days of your arrest.
Most people, maybe even you, are confused and afraid about what's going to happen to them. The DUI attorneys in the Law Offices of "insert attorney name" have comprehensive knowledge of DUI law and procedure, and we will give you expert advice and guidance on all issues pertaining to your case.
We will provide you with aggressive legal representation in and out of the courtroom and discuss with you all the risks involved; you will be well-informed every step of the way.
Attorney Website Built & Hosted by legalberry.com. The nations leader in legal information and attorney directory.