This page answers some of the most common questions we receive as experienced DUI attorneys. Whether you’re facing charges related to drunk driving or trying to restore your driving license, we’re here to provide helpful information and guidance.
It’s important to note that the information provided on this page is meant to serve as a general resource and is not a substitute for professional legal advice. DUI cases can be complex and have serious consequences, so we strongly encourage you to seek advice from a qualified DUI lawyer to address your unique situation. Timely legal counsel is essential, as strict deadlines and legal procedures can significantly impact the outcome of your case.
In Michigan, OWI (Operating While Intoxicated) is the primary term used for impaired driving offenses, covering driving under the influence of alcohol, drugs, or both. DUI (Driving Under the Influence) is commonly used but less specific. Both refer to serious charges involving impaired driving.
Yes, a DUI/OWI conviction can have consequences for certain professional licenses, such as healthcare, law, or commercial driving. It may lead to disciplinary actions, reporting requirements, or even license suspension, depending on your profession.
Penalties depend on factors like your blood alcohol content (BAC), whether this is a first or repeat offense, and if there were aggravating factors like causing injury or property damage. Penalties can include fines, license suspension, jail time, and mandatory alcohol education programs.
No, breathalyzer tests are not always accurate. They can be affected by improper calibration, user error, or physiological factors like medical conditions. A skilled attorney can review these issues and potentially challenge the validity of the test results.
In Michigan, you must request a hearing within 14 days of your arrest to challenge a license suspension. Hiring a DUI lawyer promptly can help you navigate this process and explore options like restricted licenses or ignition interlock devices.
Refusing a chemical test in Michigan results in an automatic license suspension under the Implied Consent Law and may also lead to additional penalties. However, the refusal does not guarantee a conviction, and your attorney can challenge the circumstances of the stop and refusal.
Yes, charges can sometimes be reduced to a lesser offense or dismissed altogether, depending on the circumstances. Factors like lack of probable cause, errors in testing procedures, or insufficient evidence may lead to reductions or dismissals. Legal expertise is essential for this process.
A misdemeanor DUI/OWI generally applies to first or second offenses without serious aggravating factors. A felony DUI/OWI may be charged for a third or subsequent offense, causing injury or death, or driving with certain high BAC levels. Penalties for felonies are significantly harsher.
A drunk driving conviction may restrict international travel. For example, Canada often denies entry to individuals with drunk driving records unless they apply for a Temporary Resident Permit or demonstrate rehabilitation. Other countries may have similar restrictions.
Michigan has a lifetime look-back period for determining a third DUI offense, making it a felony. For first or second offenses, courts typically consider prior convictions within a 7-year look-back period when determining penalties.
In Michigan, it may be possible to avoid a permanent record through diversion programs, plea agreements, or in some cases, expungement (if eligible). Working with an experienced DUI/OWI attorney can help you explore these options and protect your future.
Yes, a DUI/OWI conviction will likely lead to significantly higher car insurance premiums. Insurers may classify you as a high-risk driver, and in some cases, you may need to file an SR-22 certificate to prove financial responsibility.
Field sobriety tests are used to establish probable cause for a DUI/OWI arrest. However, these tests are subjective and can be influenced by physical conditions, nerves, or improper administration. An attorney can challenge their validity in court.
Yes, DUI/OWI checkpoints must meet strict constitutional standards in Michigan. If the checkpoint violated your rights or failed to follow proper procedures, the evidence collected may be suppressed, potentially weakening the case against you.
A DUI/OWI conviction can impact child custody arrangements, especially if it raises concerns about your ability to provide a safe environment for your children. Courts consider the best interests of the child and may impose restrictions or modify custody agreements.
Driving under the influence of drugs (DUID) carries similar penalties to alcohol-related DUI/OWI offenses in Michigan. Prosecutors rely on evidence like blood tests or observations from drug recognition experts. Your attorney can challenge the evidence or testing methods.
Yes, even if you plan to plead guilty, a lawyer can help negotiate lesser penalties, explore alternative sentencing options (like probation or treatment programs), and ensure your rights are protected throughout the process. They may also identify opportunities to reduce charges.
Commercial drivers in Michigan face stricter BAC limits (0.04% compared to 0.08%) and harsher penalties. A conviction can lead to the suspension or revocation of a Commercial Driver’s License (CDL), severely impacting your ability to work. Legal representation is crucial in these cases.
An ignition interlock device (IID) is a breathalyzer installed in your vehicle that prevents it from starting if alcohol is detected. In Michigan, IIDs are often required for high BAC offenses or repeat offenders as part of a restricted license reinstatement program.
After being charged, you should: (1) Document everything about the arrest, (2) Request a hearing to protect your license, (3) Avoid discussing the case with anyone but your attorney, and (4) Hire an experienced DUI lawyer to build your defense.
