Flint DUI Lawyer & OVI Attorney

Now, let's take a look at the charges that we see most often, as well as the penalties you might be facing.

Operating While Intoxicated (OWI) in Michigan

This is the most common DUI-related offense that we see. To be convicted of OWI in Michigan, the prosecutor must prove that:

- You were at or above the legal blood-alcohol limit of 0.08
- Your mental or physical condition prevented you from operating your vehicle normally

If you're charged with operating while intoxicated, here are the penalties that you might face:

- Misdemeanor conviction on your record
- Up to 93 days in jail
- Up to 360 days of community service
- Fines up to $500
- Court costs amounting to several hundred dollars
- 30-day suspension of your driver's license
- 180-day restricted license
- 6 points on your driver's license

Operating While Impaired in Michigan

Even if you aren't at the legal blood-alcohol limit of 0.08, you can still be charged with Operating While Impaired. In this case, the prosecution has to prove that because of alcohol you were unable to drive as an ordinary careful driver. The law states that your ability to drive "must have been lessened to the point that it would be noticed by another person."

Here are the penalties that you may face with this charge:

- Misdemeanor conviction on your record
- Up to 93 days in jail
- Fines up to $300
- Court costs amounting to several hundred dollars
- Up to 360 hours of community service
- Restricted driving license for 90 days, allowing you to drive only for certain trips
- 4 points on your driver's license

Operating with a High Blood Alcohol Content in Michigan

This charge is related to Michigan's "superdrunk law." To be convicted, the prosecutor needs to prove your blood alcohol content was .17, twice the "legal limit." This OWI charge carries heavier penalties.

- Misdemeanor conviction on your record
- Up to 180 days in jail
- Up to 360 hours of community service
- Fines up to $700
- Court costs amounting to several hundred dollars
- 45-day suspension of your license
- 6 points on your driver's license

Multiple DUI Offenses in Michigan

If you've already been convicted of DUI, second and third offenses will lead to harsher penalties. Here is a summary of the penalties you can face with further offenses:

- Second conviction leads to minimum 5 days in jail and up to one year in jail; one year revocation of your license
- Third conviction is a felony conviction resulting in 1-5 years in prison (or probation), a 1-5 year revocation of your driver's license, and vehicle forfeiture or mandatory immobilization for 1 to 3 years.

Can a DUI in Michigan be dismissed?

It is possible for a DUI to be dismissed. However, this is a difficult proposition. Prosecutors usually pursue drunk driving charges vigorously. Getting a DUI dismissed comes down to two possibilities:

• Challenging the stop: Did the police have probable cause to pull you over in the first place?
• Challenging the test: Was the blood or breath test you took invalid for some reason?

These legal challenges won't always be available to you, but an experienced OVI attorney will attempt to get your case dismissed if it's possible.

Defending DUI/OWI Charges

DUI cases are more complicated than you might think, and a skilled DUI attorney can help reduce the consequences of your DUI or get your case dismissed. Here are a few of the ways that your attorney may be able to help your case:

• Did the police correctly administer the field sobriety test?
• Did the police have a good reason to pull you over and probably cause to arrest you?
• Was the breath test properly calibrated?
• Was the blood draw completed correctly by a properly trained person?

These are just a few of the questions your lawyer is going to ask to get you the best possible outcome.

Driver’s License Reinstatement

One of the most important things a DUI lawyer can help you with is getting your driver’s license reinstated. After you get a DUI, your life doesn’t suddenly stop and wait for you to take care of your case in court. You still need to get to work and the other normal activities of your daily life. Bruce Leach will help you get your driver’s license reinstated.

Contact an Experienced Attorney Now

If you’ve been charged with a DUI, you need expert help in your corner. You’re going up against a prosecutor who has tried many OWI cases, and they aren’t going to go lightly on you. Bruce Leach has helped clients get DUI charges dismissed, get not guilty verdicts, or reduced offenses. Contact Bruce online or call 810-275-8899 now.