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Experienced driving under the influence lawyers in Detroit
Many drivers are arrested daily in Michigan for driving under the influence of alcohol. In Detroit, the consequences for drunk driving can be severe. You may be sentenced to prison, even for a first offense. A conviction for operating a motor vehicle while intoxicated will also result in a fine. Your license will likely be suspended. Your insurance rates will rise dramatically – if you can buy vehicle insurance at all. You may be required to use an ignition interlock device. Points will be added to your driving record.
At the Law Office of Steven K. Mamat, our Detroit DUI lawyers have the experience and resources to fight drunk driving charges. We work aggressively to obtain dismissals, to invalidate any chemical tests, to obtain acquittals, and to negotiate fair plea bargains. We’ll answer all your questions and guide you through the criminal litigation process.
What is Operating While Intoxicated?
Michigan uses the term – operating while intoxicated (OWI) instead of the more common driving under the influence (DUI) term. In Michigan, you can be charged with an OWI if you drive on a highway or other place open to the general public while intoxicated. “Operating while intoxicated” generally means any of the following conditions apply:
- You drove “under the influence of alcoholic liquor, a controlled substance, or other intoxicating substance or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance.”
- Your blood alcohol content (BAC) level was .08 or higher per 210 liters of breath or per 67 milliliters of urine.
- Your ability to drive the vehicle is visibly impaired due to the consumption of alcoholic liquor, a controlled substance, or other intoxicating substance, or a combination of these substances.
The BAC level for anyone under 21 is just .02 or higher.
What are the penalties for a DUI conviction in Detroit?
The penalties for a DUI conviction vary depending on whether this is your first conviction or you have a prior conviction(s). There are enhanced (more severe) penalties if a child under 16 years of age was in the car with you. If an accident causes severe bodily impairment or death, the penalties are much more severe.
Generally, the penalties for operating while intoxicated in Michigan are as follows:
First-time offenders may expect the following penalties:
- Imprisonment up to 93 days
- Community service of 360 hours
- Up to $500 in fines.
- Your driver’s license may be suspended for up to one year.
Second-time offenses within the last 7 years of the first offense may expect the following penalties. Up to $2,000 in fines and one or more of the following:
- Imprisonment of at least 5 days up to one year
- Community service between 30 and 90 days
- Your driver’s license may be suspended for up to one year.
Third-time offenses within the last 7 years of the previous charges. Up to $5,000 in fines and either:
- Imprisonment from one to five years
- “Probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not
- Your license may be suspended (variable time range based on the circumstances of the case).
Offenders may be eligible for work-release programs in some cases.
Offenders, especially if they have prior offenses or their BAC was .17 or higher may be required to install an ignition interlock device (IID) on their vehicle. This device registers your BAC before and while you’re driving. If you fail the test, the IID will prevent you from driving. Drivers may also be required to attend a substance abuse program where the offender will obtain treatment and will be subject to random drug tests.
Our Detroit DUI lawyers will explain how long a DUI stays on your record and whether you can expunge your record.
We help drivers restore their driving privileges after the penalty phase of the conviction is complete.
What defenses do you assert if I’m charged with a DUI in Detroit?
Often, there are defenses to a DUI charge. At the Law Office of Steven K. Mamat, we represent you at every phase of the criminal process (depending when you contact us) including the arrest, bail hearing, preliminary hearing, and trial. We also file motions to suppress evidence that was improperly obtained or is otherwise invalid.
Some of the defenses we assert depending on what happened include the following:
- The police did not have grounds to stop you. For example, they never saw you driving or didn’t see you do anything that would indicate you were operating your vehicle while intoxicated.
- The police did not conduct any field sobriety or chemical tests properly. The police are generally supposed to explain how the test works and the consequences if you fail the test. The tests should be given according to proper procedures.
- The police obtained evidence in violation of your Constitutional rights.
- The chemical tests are invalid because the equipment used to give the tests was not properly inspected or because the results were not properly preserved (the chain of custody of the test result
- Other defenses that may apply
Our Detroit DUI lawyers also explain whether the prosecution can use a refusal to take a chemical test in your DUI case. Generally, you have the right to refuse the test but the refusal can be introduced into court because drivers give their implied consent to be tested. [I think?]
Do you have a DUI lawyer near me?
Our office is located at 2111 Woodward Ave, Detroit, MI 48201. We also represent clients in Macomb, Oakland, Kent, and Genesee Counties.
Speak with an experienced Detroit DUI lawyer today.
At the Law Office of Steven A. Mamat, we understand how harsh even a first-time DUI conviction can be. We understand the unique challenges involved in asserting all your defenses. We’ll fight to preserve your freedom, your driver’s license, and your reputation. Call us today or use our contact form to schedule a consultation.