Southfield, Michigan OWI Criminal Defense Attorney

Being arrested for OWI is a serious offense that can have serious repercussions, including fines, jail time, and loss of driving privileges. It is crucial that anyone facing an OWI charge in Michigan understand what challenges they will encounter. Seeking the legal advice of a capable and knowledgeable OWI lawyer will help you understand all of your rights and options, including any defenses you might use.

Arrested for OWI in Southfield, 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 Bureau of Motor Vehicles in Michigan. While both actions can result in the suspension of your Michigan driving privileges, it is very important to remember that there may be more penalties to consider and each action must be handled on their own.

Michigan OWI (driving under the influence) or DWI (driving while intoxicated) Administrative Hearing

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 very important that you submit your request to the Michigan Bureau Motor Vehicles within 30 days.

OWI Penalties for First Time Offenders

• Michigan Driving Privileges and OWI - In Southfield, Michigan, a first time DWI / OWI conviction results in the revocation of Michigan driving privileges for 180 days.
• Commercial Drivers - Commercial drivers are in violation of the OWI statute with a BAC level of 0.04. A first time OWI (driving under the influence) or DWI (driving while intoxicated) 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.
• Jail Time - In Michigan, a first time OWI or DWI offender faces 93 days jail time.
• Monetary Fines - Fines for a first time OWI are $500.
• 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.

It is possible to recognize drivers who may have been drinking or using other drugs. They may:

• Stop too quickly or slowly.
• Weave within their lane.
• Drive too quickly or slowly.
• Run off the pavement.
• Wander from one lane to another.
• 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:

• 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.

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 accomplished and skilled defense attorney can guide you through this emotionally challenging process. Please contact a Michigan DWI / OWI for a free, professional consultation.