Kalamazoo, Michigan OWI Criminal Defense Attorney

Being arrested for OWI is a serious offense that can have major consequences, including loss of driving privileges, jail time, and monetary fines. It is very important that anyone facing an OWI charge in Michigan understand what challenges they will encounter. Seeking the legal advice of an accomplished and experienced OWI defense attorney will help you understand all of your rights and options.

Arrested for OWI in Kalamazoo, Michigan?

In Michigan, once you have been cited for violating the OWI statute, the state initiates two simultaneous, yet separate legal actions against you. The criminal action is in response to the ticket that was issued to you, while the administrative action is brought against your driver's license by the Michigan BMV. While both actions can result in the suspension of your driving privileges, it is important to remember that there may be more penalties to consider and each action must be handled on their own.

Administrative Hearing for Michigan DWI / OWI

Pursuant to Michigan law, an individual has 30 days to request an administrative hearing from the Michigan BMV. If you fail to request a hearing within 30 days, your right to the hearing is lost, and your license is automatically suspended for the applicable statutory time frame. In order to preserve your right to an administrative hearing, it is important that you file your request to the Michigan Bureau Motor Vehicles within 30 days time.

OWI Penalties for First Time Offenders

• Chemical Test Refusal - Refusing to submit to a test when requested by law enforcement will result in the revocation of driver's license for 1 year.
• Jail Time - In Kalamazoo, Michigan, a first time DWI - OWI offender faces 93 days jail time.
• Monetary Fines - In Kalamazoo, Michigan, fines for a first time OWI are $500.
• Commercial Drivers - Commercial drivers are in violation of the OWI statute with a BAC (Blood Alcohol Content) level of 0.04. A first time DWI / OWI conviction will result in the loss of the commercial driver's license for 1 year, while any subsequent OWI offenses will result in a lifetime loss of the commercial license in Michigan.
• Michigan Driving Privileges and OWI - In Kalamazoo, Michigan, a first time OWI or DWI conviction results in the revocation of driving privileges for 180 days.

Michigan Anti-Drunk Driving Laws

Anti-drunk driving laws in Michigan require stiff penalties for drunk drivers. The laws:

• Require courts to decide drunken driving cases within 77 days after an arrest.
• Require a mandatory six-month driver license suspension even for a first conviction. A driver may be eligible for a restricted license after serving 30 days of the suspension.
• Require five days to one year of consecutive jail time and/or 30 to 90 days of community service for a second conviction of drunk driving.
• Include a felony for three convictions in a lifetime.
• Include a felony for a conviction for drunk driving that causes death.
• Include a felony for a conviction for drunk driving that causes a serious injury to another.
• Require fines for a conviction of driving while a driver license is suspended or revoked of up to $500 for a first offense, and $1,000 for an additional offense.
• Do not allow hardship appeals for habitual alcohol offenders.
• Require a reinstatement fee of $125 if your driver license was suspended, revoked, or restricted.
• Require a Driver Responsibility Fee of $1,000 for two consecutive years for driving while intoxicated and a $500 fee for two consecutive years for driving while impaired, with any presence of a Schedule 1 drug or cocaine, zero tolerance, or child endangerment.

Under Michigan law, it is illegal to drive:

• While intoxicated or impaired by, alcohol, illegal drugs, and certain prescribed medications.
• With a bodily alcohol content of 0.08 or more (driving while intoxicated).
• With any presence of a Schedule 1 drug or cocaine.

If you are under age 21 it is against the law:

• To drive with a bodily alcohol content of 0.02 or greater, or have any presence of alcohol other than that consumed at a generally recognized religious ceremony.
• To buy, possess, or consume alcoholic beverages. You may transport alcohol in a vehicle only when accompanied by an adult age 21 or older. If you are caught with alcohol in your vehicle and there is no adult accompanying you, you can be charged with a misdemeanor, whether you are on the road or in a parking lot.

Michigan drivers who may have been drinking or using other drugs may:

• Weave within their lane.
• Wander from one lane to another.
• Run off the pavement.
• Stop too quickly or slowly.
• Drive too quickly or slowly.
• Go through stop signs or other signals.
• Drive on the wrong side of the road.

OWI Subsequent Offenses

Penalties are increasingly more severe for any additional OWI violations. Due to the complexity of OWI laws in Michigan, you may not be aware of rights and options, including any defenses you might use. This is why an accomplished and experienced criminal defense attorney can guide you through this emotionally challenging process. Please contact a Michigan OWI or DWI for a professional and free consultation.