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Novi DUI Lawyer

Receiving a DUI is a frightening experience and life changing event. Many people are unaware of collateral consequences associated with a drunk driving charge. For instance, someone charged with a DUI in certain areas such as Oakland County may face jail time even for a first offense. Having an experienced DUI defense lawyer on your side is vital for not only staying out of jail, but also protecting your future.

The Novi DUI lawyers at Kelly & Kelly P.C. have over 30 years’ experience representing clients in the Novi court system as well as surrounding areas in the State of Michigan.

With a combination of vast experience with comprehensive knowledge, our attorneys are well-equipped to navigate the complexities of DUI charges.

Our Novi DUI Lawyers in The Media

Driving Under The Influence (DUI) – Refers to operating a vehicle while impaired by alcohol or drugs.

Operating While Intoxicated (OWI) – Similar to DUI, this involves operating a vehicle while intoxicated by alcohol, drugs, or a combination. An OWI is a term that’s typically used by Michigan law enforcement agencies whereas a DUI is more universal.

Driving While Intoxicated (DWI) – Another term for driving or operating a vehicle under the influence of alcohol or drugs.

Operating Under The Influence of Drugs (OUID) – Specifically refers to operating a vehicle while impaired by drugs.

Operating While Visibility Impaired (OWVI) – Also referred to as “impaired driving,” this involves operating a vehicle when one’s ability to see and react is compromised, often due to alcohol or drug use, which results in visibly diminished driving capabilities.

Second OWI (OWI II) – The second offense of operating a vehicle while intoxicated. This generally results in harsher penalties as opposed to a first offense OWI.

Third DUI (OWI III) – The third instance of driving or operating under the influence. In the State of Michigan, any subsequent OWI charge after a first offense results in a felony.

Blood Alcohol Content (BAC) – A measure of the concentration of alcohol in one’s bloodstream, used to determine legal intoxication.

Field Sobriety Tests – A series of tests conducted by police to assess a driver’s level of impairment, such as balance and coordination tasks.

Preliminary Breathalyzer Test (PBT) – A roadside test using a breathalyzer device to estimate a driver’s BAC.

DUI Blood Test: A test that measures the alcohol level in a driver’s blood, typically conducted at a medical facility.

Super Drunk (High BAC) – Refers to a significantly high BAC level, often categorized as a more severe offense with harsher penalties.

Arraignment: A court proceeding where charges are formally presented and the defendant responds with a plea.

Driver’s License Suspension – The temporary withdrawal of a person’s driving privileges following certain violations like DUI.

Ignition Interlock – A device installed in a vehicle that requires the driver to pass a breathalyzer test before the engine will start, often mandated after DUI offenses.

Novi DUI Attorney Legal Services

The Novi DUI lawyers at Kelly & Kelly P.C. offer a multitude of legal services related to DUI and OWI charges in Novi. These legal services include but are not limited to:

First Offense OWI: Legal representation for individuals charged with their first Operating While Intoxicated offense, often involving lighter penalties compared to repeat offenses.

Second Offense OWI: Legal services for those facing their second OWI charge, typically involving harsher penalties than a first offense, such as increased fines, longer license suspension, and possible jail time.

Three or More DUIs: Representation for individuals charged with their third or subsequent OWI, which often results in more severe consequences, including the possibility of felony charges and significant jail time.

High BAC Charges (Super Drunk): Specialized legal defense for individuals charged with having an exceptionally high blood alcohol content (BAC), well above the legal limit, which can result in more severe penalties.

Felony Drunk Driving: Legal defense for DUI or OWI charges that are elevated to felony status, often due to aggravating factors such as repeat offenses, causing injury or death, or extremely high BAC levels.

Under 21 DUI Charges: Legal services for individuals under the age of 21 charged with DUI, addressing the stricter standards and penalties that apply to underage drivers.

Driver’s License Appeals: Assistance with the process of appealing for the reinstatement of a driver’s license that has been suspended or revoked due to DUI/OWI offenses.

DUI Expungements: Legal assistance in the process of expunging, or clearing, DUI/OWI charges from a person’s criminal record, subject to eligibility and legal requirements.

Ignition Interlock Violations: Representation for individuals accused of violating the terms of their ignition interlock device, which is often a requirement following certain DUI/OWI convictions.

Open Container Violations: Defense for charges related to the possession of open alcohol containers in a vehicle, which can accompany or be separate from DUI/OWI charges.

OWI Causing Injury or Death: Specialized legal representation for severe OWI offenses where the impaired operation of a vehicle results in injury or fatality, often leading to felony charges and substantial legal consequences.

Novi Drunk Driving Offense Classifications

When someone is arrested for a DUI in Michigan, it doesn’t automatically mean the maximum penalties will apply. Michigan has its own set of procedures and legal nuances for handling DUI cases. Here’s a simplified overview of DUI penalties in the State of Michigan.

A chart showing the various degrees of drunk driving classifications, charges, and penalties in Michigan. This ranges from OWI punishable by up to 93 days in jail all the way up to OWI causing death punishable by up to 15 years in prison

How a DUI/OWI Charge Affects Your Life

The consequences of being arrested for a DUI do not end after a night in jail. There are many other potential legal consequences and hardships associated with having a DUI on your record.

Here are some quick facts about DUI’s and how they can impact someone’s life:

  • In most cases, they cannot be expunged or set aside
  • Drunk driving offenses can stay on a criminal record permanently
  • Having a DUI on your record may affect future employment opportunities
  • The courts may sentence someone to jail, even for a first-time offense
  • An OWI adds points on your driving record
  • An OWI results in suspension of your driver’s license

At Kelly & Kelly we offer over 30 years of court experience and top notch advocacy for our clients. We understand good people make mistakes and shouldn’t always be punished for the rest of their life. We fight to ensure our clients avoid jail time and minimize the impact a DUI has on their future.

Our Novi DUI Lawyers Answer Your Questions

Q. What is a DUI?
A DUI, or Driving Under the Influence, is the act of operating a vehicle while impaired by alcohol or drugs to a degree that renders the driver incapable of driving safely.

What are DUI Laws in Novi?
DUI laws in Novi, Michigan, prohibit driving with a blood alcohol concentration (BAC) of 0.08% or higher and impose penalties such as fines, license suspension, and possible jail time for violators.

Q. What happens when you’re arrested for a DUI in Novi?
If arrested for a DUI in Novi, you’ll typically be taken into custody, undergo BAC testing, and your case will be processed in the 52-1 District Court, where you’ll be arraigned and the court proceedings will begin.

Q. What is the cost of a Novi DUI Lawyer?
The cost of a Novi DUI lawyer can vary widely based on the case complexity, the attorney’s experience, and the defense’s specifics. Our Novi DUI attorney’s generally charge client’s between $3,000-$5,000 total for representation depending on the location, prior convictions, and other circumstances.

Q. How long does a DUI stay on your record?
In Michigan, a DUI conviction stays on your driving record for life; however, it remains on your criminal record for various periods depending on whether it’s a first offense or a repeat offense, and if expungement is pursued and granted. Anyone with one DUI on their record may qualify for first OWI expungement under Michigan Bills 4219 and 4220. Of course, there are application requirements to clear the conviction off your record.

Having a DUI on Your Criminal Record

Many people do not consider the long term collateral consequences associated with having a DUI on their criminal record. In Michigan, it’s not uncommon for someone to receive a jail sentence and strict probation following a drunk driving conviction. In Michigan, a DUI cannot be expunged or set aside at any period of time after completing probation. This is because it’s technically classified under the motor vehicle code and not the criminal code.

Unfortunately, a judge can’t prevent the Secretary of State from suspending someone’s driver’s license or adding points onto the license. Furthermore, drunk driving charges aren’t eligible for certain deferral programs, youthful offender programs, or stay out of trouble programs.

It’s also important to note, International travel to Canada is prohibited as Canada will not allow someone with an OWI on their criminal record to cross the border and enter the country.

These are all collateral consequences that most people do not consider after being arrested for drunk driving. The consequences are major because the reality is that unless and until Michigan has something like a “DUI first offender forgiveness program”, these are the types of things that are on your record and you are going to have to answer for that for the rest of your life.

Although a DUI cannot generally be removed from your criminal record, that doesn’t mean there aren’t solutions. Our law firm fights to ensure your legal rights are upheld, penalties are minimized and your drunk driving offense has as minimal impact on your future as possible.

How Can a Novi OWI Attorney Help?

A Novi OWI lawyer can be an invaluable advocate if you’re facing a drunk driving charge. Skilled in criminal law with a focus on DUI offenses, these lawyers meticulously examine every aspect of your case, ensuring your legal rights were upheld during the traffic stop, arrest, and any subsequent procedures. They scrutinize the legality of the traffic stop, the administration of breathalyzer tests, the handling of blood draws and lab results, and the issuance of warrants.

If law enforcement followed all protocols correctly, a Novi OWI attorney might shift focus to mitigate the impacts of a charge on your record. They can help compile evidence of rehabilitation, community service, and character references to present a comprehensive, positive picture to the courts and potential employers, demonstrating that a single mistake does not define your character or capabilities.

Choosing to work with a DUI lawyer means having someone who knows the Michigan courts’ ins and outs, ready to defend your rights, maintain your innocence, or reduce any penalties. With the right legal support, a DUI charge doesn’t have to dictate your future.

Major Roads in Novi Michigan

Our Novi DUI lawyers understand the complexities and nuances of local DUI laws. Whether you encountered a checkpoint on Ten Mile Road or faced an unexpected stop on Grand River Ave, our experienced attorneys are equipped with the knowledge and expertise to help you navigate the legal system. Major roads in Novi Michigan include,

  • Interstate 96 (I-96)
  • Novi Road
  • Grand River Avenue
  • Twelve Mile Road
  • Beck Road
  • Wixom Road
  • Ten Mile Road
  • Eight Mile Road

Novi DUI Arrests

When you’re arrested for drunk driving in Novi, Michigan, the process begins with a traffic stop or an encounter with law enforcement that leads to an evaluation of your sobriety. If an officer deems that there’s probable cause, you will be arrested and taken into custody. Following the arrest, you will likely undergo a chemical test to determine your Blood Alcohol Content (BAC). Refusal to submit to this test can result in automatic license suspension due to Michigan’s implied consent laws.

Your case will initially be processed through the 52-1 District Court, which handles matters for the City of Novi, as well as South Lyon, Wixom, and Walled Lake. Here, you’ll face arraignment, where the charges will be formally read, and you’ll have the opportunity to enter a plea.

Subsequent to arraignment, pre-trial procedures take place. This is where your attorney can negotiate with the prosecutor, possibly working towards a plea agreement or discussing the evidentiary issues in your case. If no plea is entered, the case may proceed to trial.

Throughout this process, your lawyer will be essential in challenging the evidence against you, ensuring your rights were not violated during the arrest, and advocating for the best possible outcome. Penalties for a conviction can range from fines, license suspension, and possible jail time, making skilled legal representation crucial.

Novi DUI Court Location

The 52nd District Court 1st Division is located in Oakland County, Michigan, specifically, in the City of Novi.

You can obtain the address and specific directions below.

52-1 District Court
48150 Grand River Ave
Novi, MI 48374-1222
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Talk with a Novi DUI/OWI Lawyer

Choosing an experienced Novi DUI lawyer at Kelly & Kelly P.C. is crucial for anyone facing drunk driving charges in Michigan

With award-winning expertise in criminal defense and a particular focus on DUI offenses, Kelly & Kelly offers top-tier legal representation.

At Kelly & Kelly P.C., you benefit not only from Michael Kelly’s specialized skills but also from the firm’s extensive experience and resources. For robust defense in Michigan’s DUI cases, Kelly & Kelly P.C. is the firm to trust.