DUI and OWI Defense Lawyers in Oakland County
Practice Areas
Consequences for an OWI Arrest in Oakland County
An OWI (Operating While Intoxicated) arrest in Oakland County, Michigan, can change your life in an instant. With a mix of affluent suburbs, dense urban centers, and a strong, coordinated police presence, Oakland County aggressively enforces its drunk and drugged driving laws. If you’ve been arrested for OWI in places like Royal Oak, Birmingham, Troy, or along the high-traffic I-75 or Woodward Avenue corridors, you can be certain that police and prosecutors will treat your case with maximum seriousness. You need an experienced defense team who knows the local system—from the police agencies to the specific courts—inside and out.
Mamat Law has built a formidable reputation in Oakland County by protecting the rights, reputations, and futures of clients facing OWI charges. The firm understands the immense pressure of being charged in communities where a clean record is essential and courts are known for showing little leniency without powerful legal advocacy.
Michigan OWI/DUI Laws and Oakland-Specific Enforcement
In Michigan, the term “DUI” is used colloquially, but the legal charge is “OWI” (Operating While Intoxicated). A person can be charged with OWI in several ways:
- Per Se OWI: Driving with a Blood Alcohol Content (BAC) of 0.08% or higher.
- Impairment OWI: Driving while your ability to operate a motor vehicle is substantially lessened by alcohol, a controlled substance, or a combination of both—even if your BAC is below 0.08%.
- Unlawful Bodily Alcohol Content (UBAC): The legal term for having a BAC of 0.08% or higher.
- OWI with any amount of a Schedule 1 drug (e.g., marijuana) in your system.
It’s critical to understand that “Operating” doesn’t just mean driving. You can be charged with OWI for being in actual physical control of a vehicle, even if it is parked or not running.
Law enforcement agencies in Oakland County, including the Oakland County Sheriff’s Office and city police departments in Royal Oak, Troy, and Bloomfield Township, heavily patrol high-traffic areas like I-75, M-59, Telegraph Road, and the Woodward corridor. While sobriety checkpoints are unconstitutional and illegal in Michigan, police frequently use “saturation patrols,” where a large number of officers flood a specific area to look for traffic violations that might lead to an OWI stop. These patrols are common on weekends, holidays, and event nights, especially in nightlife hubs like Royal Oak, Ferndale, and Birmingham.
Understanding BAC Thresholds: From OWI to High BAC (“Super Drunk”)
Michigan law creates several tiers of offenses based on a driver’s BAC and prior record.
- OWVI (Operating While Visibly Impaired): A lesser offense, often used in plea negotiations. It means your ability to drive was visibly impaired by a substance.
- OWI (Operating While Intoxicated): The standard charge for a BAC of 0.08% to 0.16%.
- High BAC OWI (“Super Drunk”): A driver with a BAC of 0.17% or higher faces this enhanced charge with significantly harsher penalties. Oakland County courts are particularly strict when sentencing these offenses.
- Zero Tolerance: For drivers under 21, having a BAC of 0.02% or higher results in an OWI charge with serious license sanctions.
Consequences of a first-offense High BAC conviction in Oakland County include:
Up to 180 days in jail
Fines up to $700, **plus significant court costs**
Mandatory 45-day hard license suspension (no driving whatsoever)
Use of an ignition interlock device (BAIID) for the following 320 days on a restricted license
Mandatory one-year alcohol treatment program
6 points on your driving record
Common DUI Arrest Hotspots in Oakland County
OWI arrests often happen near entertainment districts and major roadways where police concentrate their efforts:
Royal Oak & Ferndale: The downtown areas along Main Street, Woodward Ave, and 9 Mile Road are saturated with bars and restaurants, making them a primary focus for Royal Oak and Ferndale police.
Birmingham & Bloomfield: Known for upscale dining and lounges, police strictly patrol Old Woodward, Maple Road, Telegraph Road, and the surrounding residential streets.
Auburn Hills & Clarkston: Near major venues like the DTE Energy Music Theatre, police are on high alert for intoxicated drivers after concerts and events.
Novi & Wixom: High-traffic suburban areas with significant retail and entertainment options, leading to frequent traffic stops.
Penalties for OWI First, Second, and Third Offenses
OWI charges escalate dramatically with each subsequent offense. Oakland County prosecutors and judges strictly enforce these penalties.
- First Offense OWI (Misdemeanor):
- Up to 93 days in jail
- Fines of $100 to $500, plus court costs
- Up to 360 hours of community service
- 30-day hard driver’s license suspension, followed by 150 days of restrictions (180-day total suspension if drugs are involved)
- 6 points on your driving record
- Possible ignition interlock and mandatory alcohol education
- Second Offense (within 7 years of a prior conviction) (Misdemeanor):
- Mandatory minimum 5 days up to 1 year in jail
- Fines of $200 to $1,000, plus costs
- Mandatory minimum one-year driver’s license REVOCATION (your license is taken away, not just suspended)
- Mandatory vehicle immobilization for 90 to 180 days
- Mandatory alcohol or drug treatment programs
- Third Offense (Lifetime Lookback) (Felony):
- 1 to 5 years in prison, or 30 days to 1 year in jail followed by intensive probation
- Fines up to $5,000
- Minimum 1 to 5 years driver’s license REVOCATION
- Vehicle forfeiture or immobilization for 1 to 3 years
- A permanent felony record, impacting your right to own a firearm, vote (while incarcerated), and obtain professional licenses.
Protecting Your Driving Privileges: The Secretary of State Battle
The Michigan Secretary of State (SOS) imposes administrative license sanctions that are completely separate from the criminal court case. Losing your license can impact your job, family, and independence.
It’s vital to understand the difference:
- Suspension: Your license is taken away for a defined period and is typically reinstated automatically after it ends (and fees are paid).
- Revocation: Your license is taken away indefinitely. To get it back, you must win a formal, difficult hearing with the SOS Driver Assessment and Appeal Division (DAAD) after a minimum period (1 or 5 years).
Mamat Law provides expert guidance for:
- Navigating Immediate Suspensions: Fighting for your driving privileges after a High BAC charge or alleged refusal of a chemical test.
- License Reinstatement Hearings (DAAD/DLAD): These are complex legal proceedings. Success requires submitting extensive evidence, including a substance abuse evaluation, letters of support, and proof of sobriety. Mamat Law prepares clients for the intensive questioning by the hearing officer to maximize their chances of getting back on the road.
Navigating the Oakland County District and Circuit Courts
Where your case is heard matters. Each court has its own procedures, judges, and prosecutorial tendencies.
- 43rd District Court: Ferndale, Hazel Park, Madison Heights
- 44th District Court: Royal Oak
- 48th District Court: Birmingham, Bloomfield Hills, West Bloomfield (known for being one of the toughest OWI courts in Michigan)
- 52nd District Courts:
- 52-1: Novi, South Lyon, Walled Lake
- 52-2: Clarkston, Holly, Independence Twp.
- 52-3: Rochester, Rochester Hills, Auburn Hills
- 52-4: Troy, Clawson
Felony OWI cases are handled at the Oakland County Circuit Court in Pontiac. Mamat Law has deep, practical experience in all of these courts, providing a critical advantage in plea negotiations and trial strategy.
Advanced Defense Strategies for Oakland County OWI Cases
A successful OWI defense requires meticulous investigation and a strategy tailored to the specific facts of your case and the court you are in.
Defensive strategies employed by Mamat Law include:
- Challenging the Traffic Stop: Analyzing police dashcam and bodycam video to determine if the officer had a legal reason to pull you over.
- Scrutinizing Field Sobriety Tests: Deconstructing the administration of Standardized Field Sobriety Tests (SFSTs) to ensure they comply with national (NHTSA) standards.
- Attacking Chemical Test Results: Challenging the 15-minute observation period required before a Datamaster breath test, investigating calibration and maintenance logs, and questioning blood draw procedures.
- Negotiating for Reduced Charges: Leveraging weaknesses in the prosecution’s case to negotiate for a reduction to a less severe charge, such as OWVI or a civil infraction.
- Exploring Sobriety Court and Alternative Sentencing: Advocating for admission into specialized sobriety court programs for eligible clients, which focus on rehabilitation over punishment.
- Filing Motions to Suppress Evidence based on violations of your constitutional rights.
Contact Mamat Law for a Free, Confidential OWI Defense Consultation
If you are facing an OWI charge in Oakland County, Michigan, the time to act is now. The prosecutors are already building their case against you.
Mamat Law offers personalized, aggressive, and results-driven OWI defense backed by deep knowledge of Oakland County’s courts, prosecutors, and police procedures. Whether you were arrested in Royal Oak, Birmingham, Troy, Novi, or anywhere else in the county, we can help you protect your license, fight for your freedom, and defend your future.
Call today for a free consultation to speak directly with an experienced OWI defense attorney and start building your best defense.