Pontiac, Michigan OWI Criminal Defense Lawyer

Being charged with OWI is a serious offense that can have major consequences, including fines, jail time, and loss of driving privileges. It is crucial that anyone facing a Michigan OWI charge understand what challenges they will encounter. Seeking the legal advice of an assertive and professional OWI criminal defense attorney will help you understand all of your options and rights.

Administrative Hearing for Michigan OWI / DWI

Pursuant to Michigan law, an individual has 30 days to request an administrative hearing from the Bureau of Motor Vehicles in Michigan. 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 imperative that you file your request to the Michigan Bureau Motor Vehicles within 30 days time.

OWI in Pontiac, Michigan

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

OWI Penalties for First Time Offenders

• Jail Time - In Michigan, a first time OWI (DWI) offender faces 93 days imprisonment.
• Michigan Driving Privileges and OWI - In Pontiac, Michigan, a first time OWI or DWI conviction results in the revocation of driving privileges for 180 days.
• Chemical Test Refusal - Refusing to submit to a test when requested by law enforcement will result in the revocation of driver's license in Michigan for 1 year.
• Monetary Fines - In Pontiac, Michigan, fines for a first time OWI are $500.

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.

Michigan Anti-Drunk Driving Laws

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

• Do not allow hardship appeals for habitual alcohol offenders.
• Require courts to decide drunken driving cases within 77 days after an arrest.
• 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.
• 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.
• Include a felony for three convictions in a lifetime.
• Include a felony for a conviction for OWI that causes a serious injury to another.
• Include a felony for a conviction for drunk driving that causes death.
• 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.
• Require a reinstatement fee of $125 if your driver license was suspended, revoked, or restricted.

It is illegal to drive in Michigan:

• 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.

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 aggressive and skilled attorney can guide you through this emotionally challenging process. Please contact a Michigan OWI or DWI for a consultation.