If you’re facing a DUI charge in Michigan, legally termed as Operating While Intoxicated (OWI), the experience can be daunting for you and your loved ones. The complexities of the law and the potential consequences make it imperative to understand the various facets of DUI offenses and how the best Michigan DUI criminal attorney can assist in securing the best possible outcome.
But first, let’s discuss the types of DUI charges in Michigan.
What Types of DUI Charges Exist in Michigan?
1. Operating While Intoxicated (OWI) – Michigan’s DUI Law
Michigan’s OWI law applies to drivers with a Blood Alcohol Content (BAC) of 0.08% or higher. If BAC is 0.17% or higher, it is classified as a High BAC Super Drunk Driving Offense, which may lead to harsher penalties.
The possible consequences you may face include license suspension, heavy fines, community service, and potential jail time. Many first-time offenders often ask, “What is the penalty for OWI in Michigan?” The answer varies, but penalties, as mentioned, can include jail time, fines, and probation, depending on prior convictions.
2. Operating While Visibly Impaired (OWVI)
But what will happen if your BAC is below 0.08%? Legally, you can still be charged with OWVI if an officer believes your ability to drive is impaired. You should remember that these cases rely heavily on field sobriety tests and officer observations rather than breathalyzer results. There exists confusion among people about “Impaired driving vs. OWI in Michigan,” but OWVI generally carries lighter penalties than OWI. But you need to get your defense strategy right if you are to secure the best outcome.
3. DUI Involving Drugs – OWPD (Operating With the Presence of Drugs)
It is important for you to remember that Michigan has a zero-tolerance policy for driving with any detectable amount of certain drugs (like marijuana, cocaine, or opioids) in your system. Another vital fact to remember is that prescription drugs can also lead to a DUI charge if they impair your ability to drive safely. When facing an OWPD charge, you should always hire an attorney skilled in challenging toxicology reports and police procedures. Attorneys with prior experience handling such cases are considered the best DUI defense attorneys in Michigan – as they understand the local laws and know what would work.
4. Underage DUI – Zero Tolerance Policy
If you’re a driver who is under 21 years old, then you can be charged with Underage DUI if your BAC is 0.02% or higher. The possible penalties include license suspension, community service, and mandatory alcohol education programs. You may also face additional penalties if you’re caught with open alcohol containers in the car.
5. DUI Resulting in Injury or Death – Felony OWI
If your DUI accident causes injury or death, the charges you face would escalate to a felony with severe consequences. And convictions can result in years of prison time, especially if you have prior offenses. People often wonder, “Is OWI a felony in Michigan?”- it can be if it results in injury, death, or multiple prior convictions.
How the Best Michigan DUI Criminal Attorney Can Help
An experienced DUI attorney in Michigan can challenge the traffic stop & arrest procedure. They can investigate whether the traffic stop was legal and whether the police followed proper procedures. If, after careful examination, a DUI attorney finds that the arresting officer violated your rights, they may be able to get your charges reduced or dismissed. So, it is imperative that you recall everything about the incident and be honest with your attorney.
Additionally, a DUI attorney can examine breathalyzer & field sobriety test results as they are not always accurate. If the accuracy of the test results is not determined, a skilled DUI lawyer in Michigan can challenge their reliability. Their possible defenses include improperly calibrated devices, officer error, or medical conditions affecting results.
A top DUI lawyer can negotiate with prosecutors to reduce OWI charges to reckless driving or impaired driving. Some first-time offenders may qualify for Michigan DUI forgiveness programs that allow them to avoid a permanent conviction. This all depends on who is representing your case.
An attorney also helps you fight license suspension at a Michigan DMV hearing through various strategies like appealing automatic suspensions or requesting restricted driving privileges.
If your case goes to court, an experienced DUI attorney in Michigan will cross-examine witnesses, challenge evidence, and argue for your acquittal. In felony OWI cases, a strong defense can mean the difference between prison time and reduced penalties.
Conclusion
Michigan’s DUI laws cover a wide range of offenses, from alcohol-related OWI to drug-impaired driving. The best Michigan DUI criminal attorney will examine every detail of your case to fight for reduced charges, dismissed cases, or minimized penalties.
If you or a loved one is facing DUI charges in Michigan, don’t wait—contact an experienced DUI lawyer like Kevin Bessant today to protect your Rights, License, And Future.