DUI Attorney: Skilled Defense Against DUI Charges
If you’ve been arrested for drunk driving in West Michigan, you’re in a fight — and I’m the attorney who fights back harder than the prosecutors coming after you. A DUI charge is not the end of your future, your job, your license, or your freedom. I aggressively attack every weakness in the State’s case and force them to prove every single element beyond a reasonable doubt. When your record, your reputation, and your life are on the line, you need a defense attorney who refuses to roll over. I don’t negotiate from fear. I defend you like your future depends on it — because it does.
On This Page You’ll Learn:
- Exactly how Michigan defines “operating while intoxicated”
- Penalties for 1st, 2nd, and 3rd DUI offenses
- What makes a DUI in Michigan a felony
- How BAC levels (0.08 / 0.17 “super drunk”) impact your case
- The hidden costs prosecutors never tell you about
- How I expose bad police work and unreliable test results
- What to do right now to protect your license, job, and freedom
- Why choosing the right DUI lawyer changes everything
Best Drunk Driving Attorney: Proven Success in DUI Cases
Navigating the legal world requires more than just a lawyer; it demands a partner who stands by your side with the right mix of expertise, attention, and care. We offer a sophisticated defense strategy that's tailored to your unique case, ensuring you're not just another file on the desk.
Our approach prioritizes personalized attention, ensuring you feel heard, understood, and confident in the path forward. And above all, we provide peace of mind by meticulously handling the legal details, allowing you to focus on your life beyond the courtroom.
| Benefit | Description |
| Expert Legal Defense | Tailored, strategic defense to navigate through the legal system effectively. |
| Personalized Attention | Dedicated support ensures you’re informed and confident in your legal journey. |
| Peace of Mind | Handling all legal aspects of your case, so you can focus on your life and work without the stress of legal complexities. |
DEFINITIONS
What Michigan Law Says
Michigan’s DUI statute is MCL 257.625. It makes it illegal to operate a motor vehicle:
- With a BAC of .08 or higher (OWI)
- With a BAC of .17 or higher (“Super Drunk”)
- While visibly impaired (OWVI)
- With any amount of a Schedule 1 drug in your system
- With a child in the car (Child Endangerment)
Key Legal Definitions
“Operate”
Michigan courts define operation as using a vehicle in a way that causes it to function — even briefly.
You don’t have to be driving on a road to be charged.
“Motor Vehicle”
Covers almost anything with a motor, including cars, trucks, and some ORVs.
“Impaired”
Prosecutors use vague terms like “bloodshot eyes” or “slurred speech.”
I attack these subjective claims aggressively.
Driving Under the Influence of Alcohol: Legal Guidance for Your Case
If You're In Trouble
We understand how hard it is to navigate through legal challenges, where every decision feels like it carries the weight of your future. That is why we approach each case with not only a keen legal strategy but also a deep sense of empathy. We know that behind every case file is a story, a person seeking clarity and justice in a moment of uncertainty. We have helped hundreds of individuals find their way through these daunting times, offering guidance, support, and expert legal representation. Our experience and track record of success serve as your assurance that we know how to handle your case with the care and precision it deserves. With us by your side, you're not just another client; you're a partner in the journey towards a resolution that offers peace and a path forward.
Here’s What Happens When You’re Charged With Drunk Driving in Michigan
Being charged with Operating While Intoxicated (OWI) in Michigan sets off a fast-moving legal process that can feel overwhelming if you’ve never been through it. Police, prosecutors, and even probation departments all move quickly to gather evidence before you have a chance to protect yourself. What most people don’t realize is this:
The biggest legal mistakes happen in the first 24–72 hours after an arrest.
Understanding each stage — and knowing when an attorney can shut things down — is the key to protecting your license, your freedom, and your future.
Attorney Shawn Haff says: “The State wants a conviction. I want a win. And I don’t wait — I attack your case from minute one.”
A Michigan DUI arrest typically begins with a traffic stop based on alleged signs of impairment: weaving, speeding, a burned-out headlight, or a minor moving violation. Officers are trained to interpret normal behavior as evidence of intoxication. Slurred speech, “bloodshot eyes,” fumbling for your wallet — these are subjective observations that officers routinely exaggerate in their reports.
Once the officer decides to escalate the stop, you will be ordered out of the vehicle and placed under arrest if they feel they have “probable cause.” But here’s the truth:
Probable cause can be challenged.
Dashcam and bodycam video often contradict the officer’s written report.
Any constitutional error can suppress evidence — and sometimes dismiss the case entirely.
From the moment handcuffs go on, police are building a case.
You need someone building yours.
Attorney Shawn Haff says: “Cops get it wrong all the time — and I love proving it. If they cut corners, I will expose it and make their case collapse.”
Michigan OWI cases largely revolve around “scientific evidence,” but the science is only as good as the officer administering the test. And most OWI tests have major weaknesses your attorney can exploit:
Field Sobriety Tests (FSTs)
These roadside exercises — walking a line, standing on one leg, following a pen with your eyes — are not scientifically reliable indicators of intoxication. Weather, nerves, age, footwear, medical conditions, and uneven pavement all affect performance.
Breath Tests (PBT and Datamaster)
A Preliminary Breath Test (PBT) at the roadside is often inaccurate and can be challenged.
The Datamaster breath test at the station must follow strict calibration and maintenance procedures. If the machine wasn’t calibrated or the officer didn’t observe you for 15 minutes prior to testing, your BAC reading may be invalid.
Blood Tests
Blood samples must be collected, sealed, stored, transported, and analyzed properly. A chain-of-custody error, contamination, or lab delay can render results unreliable. Many DUI cases weaken ― or outright collapse ― under forensic examination.
Attorney Shawn Haff says:
“I tear into breath machines, field tests, and blood evidence like a forensic surgeon. If the science is sloppy, I will gut the prosecution’s case right in front of them.”
After your arrest, the Michigan DUI process formally begins. Most people are shocked by how quickly things move — and how many opportunities exist to protect your rights before the case reaches trial.
Arraignment
This is where charges are read, bond is set, and conditions like alcohol testing or travel restrictions may be imposed. Without skilled representation, judges may over-restrict your freedom.
Pre-Trial Conferences
This stage involves negotiation, legal arguments, and review of the evidence. It’s where an aggressive attorney challenges police reports, testing procedures, and constitutional violations.
Motions to Suppress
If your rights were violated — an unlawful stop, improper arrest, invalid breath test, mishandled blood draw — your attorney files motions that can suppress evidence or get the case dismissed outright.
Trial (If Necessary)
Most cases do not go to trial — but if yours does, the prosecution must prove guilt beyond a reasonable doubt. A skilled OWI defense attorney exposes inconsistencies, unreliable testing, and sloppy police work in front of a jury.
Throughout the process, the court is focused on compliance, evidence, and prosecution.
Your attorney must be focused on pressure, leverage, and defense.
Attorney Shawn Haff says:
“Prosecutors know when I walk into a courtroom that I’m not there to roll over. I’m there to punch holes in their case until it falls apart.”
When you hire me right after a DUI arrest, I do not sit back and wait for the prosecutor to dictate the narrative. My intervention begins immediately, often within hours:
1. I obtain dashcam, bodycam, breath-test logs, and arrest reports before they disappear.
Delays destroy good defenses. Fast action preserves them.
2. I challenge the legality of the stop before the prosecutor even prepares their argument.
If the stop was unlawful, everything that came after can be thrown out.
3. I review all forensic data for calibration, contamination, and procedural errors.
One mistake can shift the entire balance of the case.
4. I protect your license through administrative action with the Secretary of State.
Timing is critical — miss a deadline, and your driving privileges can be suspended automatically.
5. I take immediate steps to protect your freedom, job, and criminal record.
A DUI arrest does not have to ruin your life — but you must take control early.
This is where clients gain the greatest advantage: rapid, aggressive intervention long before court proceedings begin.
Attorney Shawn Haff says:
“You hire me, and I go to war for you — instantly. The police had their chance to build a case. Now it’s my turn to destroy it.”
A first-offense OWI in Michigan may not sound severe on paper — “just a misdemeanor” — but the reality is far more serious. A conviction creates a permanent criminal record, inflates insurance rates for years, disrupts employment opportunities, and places you under court supervision. Prosecutors bank on fear and confusion. They assume you’ll accept whatever plea deal they throw at you simply to get the process over with.
But fear is exactly what the State wants.
Knowledge and aggressive defense is what protects you.
The key to winning a first-offense case is exposing every weakness in the stop, the arrest, and the chemical testing procedure. Breath tests fail. Officers misapply field sobriety standards. Dashcam video contradicts police narratives. And when those cracks appear, the entire case can fall apart.
Attorney Shawn Haff says:
“The prosecutor thinks you’re just another easy conviction. They’re wrong. I don’t fold — I fight until you have leverage, not fear.”
Penalties
A first-offense OWI carries statutory penalties, but the true impact extends far beyond the courtroom. Michigan law allows:
Up to 93 days in jail
$100–$500 in fines (far more with court costs and assessments)
Up to 360 hours of community service
Mandatory alcohol education or treatment
Probation with strict testing and reporting requirements
Vehicle immobilization in aggravated cases
But that’s just the surface. Judges often impose:
Random breath or urine testing
Travel restrictions
Employment and lifestyle limitations
Zero-tolerance compliance rules
And one violation — even an honest mistake — can land you back in court with harsher consequences.
Attorney Shawn Haff says:
“Penalties don’t scare me. Weak evidence, sloppy police work, and lazy prosecution do — because that’s where I strike hardest.”
License Consequences
Your driver’s license is one of the most immediate things at risk. For many people, losing it means losing their job or ability to support their family. Michigan’s Secretary of State imposes penalties separate from the court:
OWI (Operating While Intoxicated)
6 points on your driving record
180-day license suspension (first 30 days hard suspension, next 150 restricted)
OWVI (Operating While Visibly Impaired)
4 points on your record
90-day restricted license
High BAC (“Super Drunk”)
1-year license suspension
Mandatory ignition interlock for the restricted portion
The State does not care how this affects your work, your children, or your life.
But a skilled defense attorney can often avoid the harshest outcomes by attacking the foundation of the case before it reaches sentencing.
Attorney Shawn Haff says:
“Your license is your livelihood. I don’t let the State take it without a fight. If there’s a legal opening — I’m driving a truck through it.”
How I Attack a First Offense
A first-offense DUI is often the most defensible OWI charge because police assume the defendant will roll over. That assumption is a gift — and it’s where Shawn gains the upper hand.
Here’s how I dismantle a first-offense case:
1. I challenge the traffic stop itself.
If the officer lacked reasonable suspicion, the entire case can be thrown out. No suspicion = no stop = no arrest = no charges.
2. I tear apart field sobriety testing.
Officers routinely misscore, misinstruct, or misinterpret the standardized tests. Bodycam footage often contradicts their written claims.
3. I audit every second of Datamaster or blood testing.
Calibration logs, maintenance records, operator certification, observation periods, storage procedures — one flaw calls the entire BAC result into question.
4. I pressure the prosecutor before they pressure you.
The prosecution loses leverage when the evidence starts to crack. That’s when deals improve, dismissals become possible, or charges drop dramatically.
5. I steer your case toward the outcome that preserves your record and your freedom.
Whether that means dismissal, reduction to a non-alcohol offense, or minimizing penalties, the goal is always the same: protect your future.
Attorney Shawn Haff says:
“A first offense is the perfect place to punch back hard. I take the fight to the prosecution — and I don’t stop until your life is back under your control.”
Second-Offense DUI — Mandatory Jail & License Loss
A second-offense DUI (OWI 2nd) in Michigan is treated as a major threat to public safety. Prosecutors and judges assume you’re guilty the moment they see the prior conviction. But here’s the truth:
Mandatory jail is only mandatory if the State proves its case cleanly and legally.
And repeat-offense charges often rely on sloppy policing, inflated BAC numbers, misapplied field tests, and prior convictions that may not meet legal standards.
The State will try to intimidate you with “mandatory jail,” “mandatory license loss,” and “mandatory treatment.”
But mandatory is only mandatory when the defense doesn’t fight back.
A second offense is absolutely winnable — when the attorney knows exactly where these cases fail.
Shawn examines the vulnerabilities prosecutors hope you never notice:
Was the prior conviction constitutionally valid?
If it wasn’t, the State cannot enhance the charge.Were breath or blood test results inflated or compromised?
Alcohol absorption curves, contamination, or calibration errors can alter everything.Was the traffic stop even legal?
Many second-offense cases are thrown out when the original stop is challenged.Did the officer correctly administer standardized field sobriety tests?
Repeat offenders often face biased scoring or intentional errors.
Once these weaknesses surface, the prosecution suddenly becomes a lot more flexible — and “mandatory jail” becomes negotiable leverage.
Attorney Shawn Haff says:
“They call it mandatory. I call it negotiable. Show me weak evidence, and I’ll show you a plea deal the prosecutor swore they’d never offer.”
Penalties
A second-offense DUI (OWI 2nd) in Michigan is treated as a major threat to public safety. Prosecutors and judges assume you’re guilty the moment they see the prior conviction. But here’s the truth:
Mandatory jail is only mandatory if the State proves its case cleanly and legally.
And repeat-offense charges often rely on sloppy policing, inflated BAC numbers, misapplied field tests, and prior convictions that may not meet legal standards.
The State will try to intimidate you with “mandatory jail,” “mandatory license loss,” and “mandatory treatment.”
But mandatory is only mandatory when the defense doesn’t fight back.
A second offense is absolutely winnable — when the attorney knows exactly where these cases fail.
Shawn examines the vulnerabilities prosecutors hope you never notice:
Was the prior conviction constitutionally valid?
If it wasn’t, the State cannot enhance the charge.Were breath or blood test results inflated or compromised?
Alcohol absorption curves, contamination, or calibration errors can alter everything.Was the traffic stop even legal?
Many second-offense cases are thrown out when the original stop is challenged.Did the officer correctly administer standardized field sobriety tests?
Repeat offenders often face biased scoring or intentional errors.
Once these weaknesses surface, the prosecution suddenly becomes a lot more flexible — and “mandatory jail” becomes negotiable leverage.
Attorney Shawn Haff says:
“They call it mandatory. I call it negotiable. Show me weak evidence, and I’ll show you a plea deal the prosecutor swore they’d never offer.”
Michigan law allows — and often requires — vehicle immobilization or forfeiture in second-offense cases. This means:
Your vehicle may be immobilized for 90 to 180 days
A judge can order forfeiture, depending on circumstances
You may be barred from operating any vehicle without an ignition interlock device
But here’s what most people don’t know:
Immobilization orders can be prevented, minimized, or strategically negotiated — especially when the underlying evidence is attacked early.
In many cases, Shawn negotiates to:
Avoid immobilization entirely
Use interlock-based alternatives
Convert immobilization to restricted driving
Prevent the court from taking the vehicle you depend on
Prosecutors don’t volunteer these options.
You must force them open through leverage and evidence challenges.
Attorney Shawn Haff says:
“They’re not taking your vehicle without a fight. If immobilization is on the table, I flip the table.”
How I Challenge Repeat Offense Cases
Second-offense DUI cases are not about guilt or innocence — they’re about whether the State followed the rules. Most repeat-offense charges fall apart at one of four critical pressure points:
1. The Prior Conviction
Was it constitutionally sound?
Did you have proper counsel?
Was the plea entered correctly?
If the prior conviction is invalid, the entire second-offense enhancement collapses.
2. The Stop
Repeat offenders are often profiled. Officers sometimes stretch or fabricate “probable cause,” assuming the court will rubber-stamp their decision.
When Shawn challenges the stop, many cases weaken instantly.
3. The Testing
Bodycam footage showing incorrect instructions…
Breath machines out of calibration…
Blood samples mishandled…
Any flaw in the testing process can turn a strong case into a vulnerable one.
4. The Officer’s Conduct
Bias against repeat offenders leads to exaggerated claims, improper scoring, and procedural shortcuts. Jurors don’t like bias. Judges question unreliable testimony. Prosecutors lose leverage.
Once those weaknesses surface, “mandatory jail” becomes reduced charges, modified sentencing, or even dismissals — outcomes prosecutors never offer until real pressure is applied.
Attorney Shawn Haff says:
“You’re not a number. You’re not a repeat statistic. Give me the case file, and I’ll give the prosecutor a nightmare they didn’t see coming.”
Third-Offense DUI — Felony Status in Michigan
A third-offense DUI in Michigan is a felony, and the system treats you like a problem to be locked away, not a person with a life, family, and future. Prosecutors see your record and assume the case is already over. Many attorneys see “felony” and start thinking about damage control instead of defense.
That’s where I’m different.
A felony DUI charge doesn’t magically become valid just because it’s your third. The State still has to:
Prove each prior conviction is legally admissible
Prove this arrest followed the Constitution
Prove their testing and procedures were done correctly
If the State cuts corners — and they often do — those priors can be attacked, the stop can be challenged, and the so-called “slam dunk” felony case can suddenly look weak.
Attorney Shawn Haff says:
“Felony DUI is where pretenders fold. I don’t. I treat your case like a battlefield and I make the State fight for every inch.”
Prison Exposure
A third-offense DUI in Michigan carries real prison exposure — not just jail. That’s what the judge and prosecutor will emphasize to scare you into surrender:
1 to 5 years in state prison, or
30 days to 1 year in jail with probation, plus community service
$500 to $5,000 in fines (not including costs, treatment, and testing)
1 to 5 years of probation, often with intense supervision
Mandatory alcohol treatment, testing, and tight control over your life
But here’s what they won’t tell you:
Judges and prosecutors do respond to strong defense work.
Weak evidence, questionable priors, and constitutional violations change everything. When the State’s case starts to crumble, prison isn’t the automatic outcome they want you to believe it is.
Attorney Shawn Haff says:
“They’ll try to scare you with the word ‘prison.’ I scare them with the word ‘trial.’ When their evidence is shaky, they’re the ones who start to sweat.”
Driver’s License Revocation
With a third-offense DUI, Michigan isn’t just trying to punish you — it’s trying to erase your driving privileges.
You’re looking at:
Mandatory driver’s license revocation for a minimum period
Classification as a “habitual offender”
No automatic return of your license — you must fight for restoration later
Severe restrictions even if/when you’re eventually allowed back behind the wheel
For most people, this isn’t just an inconvenience. It’s a direct hit to:
Your job
Your ability to care for family
Your independence and day-to-day life
That’s why every attack on the felony charge matters. Reducing a felony to a lower-level offense can completely change what happens to your license and your long-term future.
Attorney Shawn Haff says:
“They think revoking your license will break you. I think tearing apart their case is a better plan. I fight to protect your ability to live your life — not just survive your sentence.”
Prosecutor Tactics I Shut Down
Felony DUI prosecutors love to lean on scare tactics and pressure plays:
“With your record, the judge is going to hammer you.”
“If you don’t take this deal, we’ll push for maximum prison time.”
“There’s nothing to fight here — the priors speak for themselves.”
I don’t buy it, and neither should you.
Here’s how I shut that down:
1. I attack the priors.
Were you properly represented? Were your rights explained? Was the plea lawful? If a prior is defective, it may not count toward a felony enhancement.
2. I challenge the stop, search, and seizure.
No valid reason to pull you over? Illegal expansion of the stop? Bad search? Evidence can be suppressed — sometimes the whole case.
3. I dissect every test and every report.
Field sobriety tests misapplied. Breath tests mishandled. Blood tests contaminated or delayed. Reports that don’t match the video. I look for every crack — then pry it open.
4. I flip their leverage.
Once the State sees their evidence isn’t bulletproof, their “take it or leave it” attitude changes. Suddenly, reductions, alternative sentences, and creative resolutions appear.
Felony DUI is where you need a fighter, not a folder.
Attorney Shawn Haff says:
“Prosecutors love to talk big until I start cross-examining their case file. I don’t accept their version of the story — I rewrite it.”
High BAC — “Super Drunk” (.17 or Higher)
Michigan’s “Super Drunk” law (BAC .17 or higher) is designed to intimidate you from the moment you’re charged. Prosecutors assume that a high BAC number means automatic guilt, automatic jail, automatic interlock, and automatic harsh punishment.
But here’s the truth:
BAC machines malfunction. Breath tests fail. Blood samples get contaminated.
And the higher the BAC number, the more aggressively I attack it.
A “Super Drunk” charge is not unbeatable — not even close. The State still has to prove the number is valid, the test was done correctly, and your rights were respected.
Attorney Shawn Haff says:
“High BAC doesn’t scare me. It just gives me more angles to crush the State’s case.”
Penalties
If convicted of High BAC, you face significantly harsher penalties than a standard OWI:
Up to 180 days in jail
$200–$700 in fines (plus court costs)
1 year of license suspension
First 45 days: NO driving
Next 320 days: Restricted driving with ignition interlock
Mandatory alcohol treatment program
6 points on your license
High insurance rates for years
The State wants you to see these penalties as inevitable.
They’re not. They only apply if the BAC number holds up under scrutiny — and that’s where many cases weaken.
Attorney Shawn Haff says:
“They want you to panic when you see the penalties. I want the prosecutor to panic when I start attacking the evidence.”
Enhanced Ignition Interlock Requirements
A “Super Drunk” conviction triggers some of Michigan’s toughest ignition interlock rules:
You must install an ignition interlock device for a minimum of one year
Any failed or questionable interlock reading can lead to probation violations, additional charges, or longer restrictions
Monthly fees and calibration costs add hundreds of dollars
You may be limited in when and where you can drive, even with interlock
But here’s what Michigan doesn’t tell you:
If we weaken the BAC evidence, the entire High BAC enhancement can be reduced — and the interlock requirements disappear.
Most “Super Drunk” cases end in reductions because the evidence doesn’t hold up under attack.
Attorney Shawn Haff says:
“Interlock for a year? Not if I can blow up the BAC number before sentencing.”
How I Challenge BAC Numbers
The BAC number is the foundation of a High BAC charge — and it is often far less reliable than prosecutors claim.
Here’s how I dismantle it:
1. I evaluate the timing of the test.
A delayed breath or blood test can artificially inflate the result due to absorption curves.
2. I audit the machine calibration and maintenance logs.
A Datamaster that wasn’t calibrated on schedule?
A blood sample that wasn’t stored properly?
That’s a problem for the State.
3. I analyze your medical or physiological factors.
GERD, diabetes, mouth alcohol, or metabolic conditions can all skew results.
4. I compare reports against dashcam/bodycam.
If you look stable on video, yet the officer claims extreme intoxication, credibility collapses.
A High BAC number does not equal a strong case — it equals more opportunities for defense.
Attorney Shawn Haff says:
“Give me a BAC number and I’ll give you ten ways to attack it.”
Chemical Tests — Why They Are NOT Automatically Accurate
The State wants jurors — and you — to believe chemical tests are flawless.
They’re not.
Chemical tests depend on:
Proper procedure
Accurate calibration
Qualified operators
Correct timing
Unbroken chain of custody
Clean, uncontaminated samples
If even one of those elements is wrong, the entire test becomes questionable.
Many High BAC cases collapse during forensic review — and most people never know it’s possible.
Attorney Shawn Haff says:
“Chemical tests are only as good as the humans running them — and humans screw up constantly.”
Breath Test Weaknesses
Breath tests are the most challenged form of evidence in DUI cases. Here’s why they fail:
Machines go out of calibration
Officers skip or shorten the 15-minute observation period
Mouth alcohol (from burping, brushing teeth, or using mouthwash) inflates BAC
Radio frequency interference (RFI) disrupts readings
The Datamaster operator may not be properly certified
Software errors or logged malfunctions go unreported
A high breath test reading does not mean the number is reliable — and I know exactly where these machines fail.
Attorney Shawn Haff says:
“Breath machines break. Protocol gets ignored. And I use every mistake to gut the State’s case.”
Breath tests are the most challenge
Blood Test Weaknesses
Blood tests sound scientific and trustworthy — but the behind-the-scenes reality is messy:
Lab techs make mistakes
Samples get contaminated
Chain of custody gets broken
Storage temperatures fluctuate
Equipment malfunctions go unreported
Alcohol fermentation can occur inside the vial
I subpoena lab records, personnel files, storage logs, and testing methods.
If something doesn’t line up, the blood result becomes unreliable — and prosecutorial leverage vanishes.
Attorney Shawn Haff says:
“Blood tests fail more often than the public ever hears about — but I know exactly where to look.”
Police Mistakes I Expose
Police errors are extremely common in High BAC cases because officers assume the number will carry the prosecution.
Here are the mistakes I exploit:
Unlawful or questionable traffic stops
Failure to follow field sobriety protocols
Misunderstood instructions
Exaggerated or dishonest officer observations
Improper arrest procedures
Missing bodycam or dashcam footage
Failure to document critical details
When I expose police mistakes, prosecutors lose their confidence — and their leverage.
Attorney Shawn Haff says:
“Cops make mistakes. I make those mistakes hurt the prosecution.”
Refusing the Breath Test — Implied Consent Consequences
When you refuse the chemical breath test (not the roadside PBT, but the official test at the station), Michigan’s Implied Consent law kicks in automatically. The State assumes you’re guilty of “refusal” and tries to punish you before you ever get a day in court.
But here’s what they don’t expect:
A skilled attorney can challenge the refusal and overturn the suspension — if you act fast.
There’s a strict deadline to contest the suspension. Miss it, and you face a mandatory 1-year loss of driving privileges. Hit it with an aggressive defense, and the State suddenly has to prove that the officer followed every legal requirement — which they often don’t.
Attorney Shawn Haff says:
“A refusal isn’t a conviction. It’s an opportunity — and I use it to hit the police where they’re weakest: procedure.”
.
1-Year License Suspension
A chemical test refusal under Michigan’s Implied Consent law triggers:
Automatic 1-year driver’s license suspension
No restricted license available (unless you win the hearing)
6 points added to your driving record
Mandatory interlock and other conditions if you eventually regain driving privileges
Additional penalties if the refusal occurred during an accident or injury investigation
This suspension is separate from your DUI case.
It happens even if the DUI charge later gets reduced or dismissed.
But the State only wins the Implied Consent case if:
The officer properly advised you of your rights
You truly refused (many “refusals” are really misunderstandings or improper instructions)
The officer had reasonable grounds for arrest
The chemical test was properly offered and documented
If any part of that process is flawed, the suspension can be reversed — and your license saved.
Attorney Shawn Haff says:
“They want to take your license for a year. I want to take apart their case until the judge has no choice but to give it back.”
How to Fight the Suspension Hearing
You get one shot to challenge the Implied Consent suspension — at an administrative hearing with the Michigan Secretary of State. This hearing is all about procedures, rights, warnings, and evidence.
Here’s how I attack the State’s case:
1. I challenge whether the officer properly advised you.
The officer must read specific Implied Consent warnings verbatim.
If they skipped, paraphrased, rushed, or misread them… they lose.
2. I question whether the refusal was actual or accidental.
Many supposed “refusals” are:
Difficulty blowing into the machine
Confusion about the test instructions
Medical conditions
Delayed responses or unclear communication
If the officer misunderstood, the refusal doesn’t stick.
3. I demand proof the officer had legal grounds for arrest.
No valid arrest = no valid Implied Consent warning = no suspension.
4. I cross-examine the officer aggressively.
Many officers:
Don’t remember the event
Didn’t document the refusal properly
Fail to show up prepared
Contradict their own reports or bodycam footage
When that happens, the suspension becomes highly vulnerable.
Winning the hearing can save your license — and give you massive leverage in the underlying DUI case.
Attorney Shawn Haff says:
“At the Implied Consent hearing, the officer is on the stand. I don’t give them a pass — I give them a grilling.”
The Hidden Costs of a DUI
Most people focus on the immediate consequences of a DUI — jail, fines, license issues. But the true damage often comes later, in ways the court never warns you about. A DUI conviction triggers financial, professional, and personal fallout that can follow you for years.
These hidden costs can easily exceed the actual court penalties.
That’s why fighting the charge — or reducing it — is more than a legal strategy.
It’s financial self-defense.
Attorney Shawn Haff says:
“The State wants a conviction. I want to protect your future — not just your today.”
Insurance
A DUI doesn’t just raise your insurance rates — it explodes them.
Most drivers see:
Premium increases for 3 to 7 years
SR-22 or high-risk insurance requirements
Loss of preferred insurance carriers
Policy cancellations
Difficulty obtaining affordable coverage
It’s not uncommon for clients to pay $5,000–$10,000 more in insurance costs over the years following a DUI conviction. For High BAC and repeat offenses, the increase can be even more extreme.
But if the charge gets reduced — or dismissed — that financial avalanche can be avoided entirely.
Attorney Shawn Haff says:
“Insurance companies will bleed you dry if you’re convicted. I stop that by fighting the conviction itself.”
Employment
A DUI can interfere with your job in ways the court never explains:
Employers may run background checks
Some companies terminate employees with criminal convictions
Driving-based professions face automatic disqualification
Professional licenses (medical, legal, commercial, teaching) may be jeopardized
Security clearances can be delayed, denied, or revoked
Missed work for testing, classes, court dates, or jail time creates job instability
For many people, a DUI affects career trajectory far more than it affects their criminal record.
A reduced charge can eliminate background check issues entirely.
Attorney Shawn Haff says:
“Your career matters. A conviction can wreck it — which is why I fight like hell to prevent that conviction.”
Fines, Fees, and Court Costs
Most people underestimate the real cost of a DUI because they only look at the fines. But the full financial picture includes:
Court costs
Probation supervision fees
Alcohol testing (often $10–$20 per test, multiple times a week)
License reinstatement fees
Treatment and education program costs
Ignition interlock installation and monthly fees
Vehicle immobilization costs (if applicable)
Towing and impound fees
When everything is added up, the average Michigan DUI can cost $5,000 to $15,000, depending on the details of the case.
A reduced charge can cut these costs dramatically.
A dismissed case eliminates them entirely.
Attorney Shawn Haff says:
“The court will nickel-and-dime you to death. I stop the bleeding by attacking the case at its foundation.”
How I Save You More Than Just Money
Yes, beating or reducing a DUI saves thousands of dollars — but that’s not the whole picture.
Here’s what I really protect:
1. Your long-term financial stability
No skyrocketing insurance. No expensive probation. No endless fees.
2. Your job and professional reputation
A conviction can close doors. A reduction or dismissal keeps them open.
3. Your ability to drive and maintain independence
When you can drive, you can work, care for your family, and live your life.
4. Your criminal record and public image
A DUI stays with you. A strategic defense keeps your record clean or minimized.
5. Your peace of mind
Knowing an aggressive attorney is dismantling the State’s case allows you to focus on your life — not your fear.
Fighting a DUI is about protecting your entire future, not just avoiding fines.
Attorney Shawn Haff says:
“Saving a client from a DUI isn’t just about money. It’s about saving careers, families, and futures — and that’s exactly what I do.”
Why You Need an Aggressive DUI Defense Attorney
A DUI charge is not a “simple” case. It’s a complex, technical, and highly strategic legal battle where the State uses:
Police testimony
Chemical testing
Dashcam/bodycam evidence
Forensic reports
Prior convictions
Your own words
against you.
Most attorneys walk into DUI cases trying to negotiate from the start. That is a mistake.
Prosecutors expect defense attorneys to be passive — to accept the testing as accurate, the stop as lawful, and the officer’s statements as truth.
An aggressive defense attorney turns the entire dynamic upside down.
When the State realizes they’re dealing with someone who challenges EVERYTHING — their leverage collapses and better outcomes become possible.
Attorney Shawn Haff says:
“A DUI case isn’t won with politeness — it’s won with pressure. And I apply pressure from the moment I’m hired.”
What I Do Differently
Most DUI lawyers look at the report and assume the case is strong.
I assume nothing — and attack everything.
Here’s what sets my approach apart:
I treat every DUI like a forensic investigation, not a paperwork case.
I don’t accept the officer’s narrative until I test it against video, logs, and procedures.
I analyze the science behind the BAC result instead of blindly trusting it.
I pressure the prosecution early so they don’t control the narrative.
I prepare your case for a possible trial, not a quick plea — which creates leverage.
Weak attorneys react to the State.
I dictate the pace, focus, and direction of the case.
Attorney Shawn Haff says:
“Other lawyers read the police report. I tear it apart. That’s the difference.”
How I Control the Evidence
Evidence doesn’t just “exist.” It’s created, documented, preserved, and processed by humans — and humans make mistakes constantly.
That’s where my strategy changes the game.
I take control of the evidence by:
Demanding calibration logs, maintenance records, and operator certifications
Securing dashcam and bodycam footage before it’s overwritten
Subpoenaing lab documentation and chain-of-custody records
Analyzing every second of field sobriety testing
Comparing the officer’s written claims with what actually happened
Identifying procedural errors that undermine the State’s case
When I control the evidence, the State can’t hide behind assumptions or shortcuts.
They must defend their work — and most officers are not prepared for that level of scrutiny.
Attorney Shawn Haff says:
“Evidence is only powerful if it survives my scrutiny — and most of it doesn’t.”
Forcing the State to Prove Every Element
A DUI conviction requires the State to prove every single legal element beyond a reasonable doubt. Not most. Not some. Every element.
I force prosecutors to prove:
The stop was legal
The arrest was lawful
The officer followed standardized testing
The breath or blood test was valid
The BAC result is reliable
The chain of custody is intact
Your rights were fully respected
If they fail on even one element, their entire case weakens — often dramatically.
This is where aggressive defense work makes the difference between:
❌ A conviction
❌ License suspension
❌ Jail time
❌ Thousands in long-term costs
and…
✅ A reduction
✅ A dismissal
✅ A non-alcohol charge
✅ Saved career, license, and future
Attorney Shawn Haff says:
“The prosecutor doesn’t get shortcuts. They prove EVERY element — or they lose. And I make damn sure of it.”
Answers for Your Frequently Asked Questions:
Not automatically. With aggressive defense, many first-offense cases result in no jail time.
Yes. Bad stops, bad tests, and officer errors lead to dismissals more often than people realize.
A BAC of .17 or higher. Penalties double — unless I prove the number is unreliable.
Not necessarily. I can challenge suspensions and negotiate alternatives.
Yes — but the State still has to prove it. Felony DUIs can be reduced or dismissed.
No. Call me immediately.
Yes. An illegal stop can get the entire case thrown out.
Absolutely. I regularly expose calibration issues and officer mistakes.
Drunk Driving Defense Lawyer: Strategic Legal Representation for Your DUI Case
For legal support from the Criminal Defense Law Center of West Michigan, here's what you can do:
Contact: Reach out to the office of Shawn Haff for an initial conversation.
Consultation: Have a detailed discussion about your OWI case during a consultation.
Representation: Decide to hire Shawn Haff for legal representation in your case.
We're committed to guiding you through every step of this challenging time.
Best Domestic Violence Lawyer: Strategic Legal Action for Your Case
Best Grand Rapids, Michigan Drunk Driving Lawyer: Understanding Your Rights in a DUI Case
Facing legal challenges can bring up a host of concerns and doubts. We understand that taking the step to seek legal representation is not made lightly.
Below, we address the top five objections you might have and provide clear, reassuring answers to each. Our goal is to ensure you feel confident and informed as you make this important decision.
Top Objections
Answers to the Objections
1. Cost of services
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2. Uncertainty of outcomes
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3. Fear of judgment
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4. Concerns over confidentiality
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5. Doubts about the necessity of legal representation
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We offer competitive pricing and flexible payment options to ensure our services are accessible. |
Our experienced team employs proven strategies to maximize your chances of a favorable outcome. |
We provide a judgment-free environment, focusing on understanding and solving your legal issue. |
Your privacy and confidentiality are paramount, and we uphold the highest standards to protect your information. |
Navigating the legal system without expert guidance can put your outcome at risk. Our expertise is crucial for a fair process and outcome. |
We Are Five Star Rated DUI And Drunk Driving Defense Attorneys and Lawyers In Grand Rapids, Michigan
Being stopped and put under arrest for drunk driving is an embarrassing event. The penalties are extreme and are becoming tougher by the year.
Under Michigan law, a conviction for drunk driving will hammer an individual with negative consequences that can destroy your employment opportunities, ruin your reputation, your career and other areas of your life.
If you are arrested for DUI/DWI/OWI, you probably have many questions such as: am I going to jail? Will I lose my driver’s license? Can I take my case to trial and win?
If you or someone you know is arrested for these criminal charges, the best decision you can make is finding and retaining the legal assistance of a talented criminal defense lawyer. The Criminal Defense Law Center of West Michigan is a powerful criminal defense law firm based in Grand Rapids, MI that will take the time to answer all of your questions and ease your concerns. We represent people charged with drunk driving in Grand Rapids, Michigan and all other cities and counties in the wolverine state. We would be happy to be your driving driving defense lawyer in Grand Rapids, Michigan.
Criminal attorney Shawn James Haff has represented clients in counties throughout West Michigan. Because of this, you can count on Shawn to use his experience to get you outstanding results on your case. Shawn is the best DUI attorney in Grand Rapids MI. He has served throughout West Michigan. He has the skills and knowledge needed to take on local prosecutors. Shawn knows the tactics and strategies law enforcement and prosecutors use in all these counties. Let Shawn put his experience as a DUI defense attorney to work for you!
Grand Rapids Drunk Driving Defense
If you’ve been arrested for drunk driving, it is important to secure an experienced and highly skilled owi defense attorney who has proven success with drunk driving cases in Michigan. With today’s advances in blood alcohol testing technologies and legislative developments, it is more difficult than ever to mount a successful criminal defense in these types of cases.
At The Criminal Defense Law Center Of West Michigan, we recognize the serious effects a DUI conviction can have on your life. Harsh consequences associated with drunk driving can negatively impact your reputation, career, and future employment opportunities. We will do everything we can to protect your rights and fight to get your charges reduced if not dropped altogether. Our Grand Rapids DUI lawyers have a reputation for success in helping individuals avoid harsh penalties and life-altering consequences. Our DUI Lawyers in Grand Rapids, MI will not rest until you get the best results possible. Our criminal attorneys will be with you every step of the way. Do not face these serious criminal charges without a skilled DUI attorney in Grand Rapids by your side.
How Our Grand Rapids Michigan DUI Lawyers Can Help You
If you are arrested for driving under the influence (DUI) in Grand Rapids, Michigan, our criminal defense lawyers can help you. There are two aspects to your DUI charge. The first aspect involves the suspension of your driver’s license, which will happen immediately if you are suspected of driving under the influence, whether you refuse or fail a blood alcohol concentration (BAC) test. The second aspect involves actual criminal charges which can result in jail time and very hefty fines if you are convicted.
If you or someone you loved has been arrested for suspicion of drunk driving, contact our Michigan DUI lawyers today for aggressive defense representation. We will request a hearing to challenge your license suspension and will aggressively represent you in hearings with the Department of Motor Vehicles and in criminal court.
If you choose to work with us in your DUI case, you can expect the following from our OWI lawyer in Grand Rapids:
- Aggressive legal representation in all your hearings with the DMV and in criminal court.
- Bold criminal defense using educated strategies to help you avoid harsh penalties.
- We will keep you informed of what is happening all along the way so there are no surprises.
- We will be available everyday to answer your questions and address your concerns.
Hire Grand Rapids, Michigan’s Most Respected Owi Dui Law Firm
Drunk Driving Defense Lawyer Shawn Haff has successfully handled a vast amount of DUI cases in Grand Rapids, Michigan and all through out West Michigan. You can rest easy knowing you are getting a respected Lawyer who will not rest until you get the best results possible on your OWI.
Legal Definition of a Motor Vehicle:
The definition for a motor vehicle is located at MCL 257.79. Any device that can move a person along a roadway, unless it is exclusively moved by human power. This means you can be charged for drunk driving in a go-cart, dune buggies or a snowmobile.
Legal Definition of Operating on a Highway or Place Open to the Public:
Parking lots, trailer park property, Meijer parking lots, property owned by a mall are areas that are “Open to the general public and accessible to motor vehicles.” If you are caught my law enforcement driving a vehicle you will be charged with drunk driving.
Legal Definition of Under the Influence.
The drunk driving statue in Michigan was changed so there are two ways a person can be charged for drunk driving, DUI, OWI.
(1) Driving while “under the influence” [that the consumption of alcohol has caused a material and substantial effect on the Defendant’s ability to operate the vehicle]; or
(2) The Defendant operated a vehicle with an unlawful BAC of .08 or .17 or higher.
The under the influence way focuses on how alcohol or a controlled substance impacts a driver. The second way only requires that a prosecuting attorney only needs to show there was an accurate measure of the defendant’s blood alcohol content.

DUI Arrests in Grand Rapids
GR is the second biggest city in Michigan and the Grand River runs through it! The Grand Rapids Police Department used to have around 300 uniformed personnel. This number has dropped after budget cuts because of Covid-19. The GR police department takes around 150,000 calls each year. A good chunk of those calls deal with DUI/ OWI. The population of Grand Rapids is around one million people. The Kent County Sheriff’s Department also serves the area around Grand Rapids.
The top court in Michigan declared that sobriety checkpoints violate the state constitution. The case where this ruling was issued is Michigan Dept. of State Police v. Sitz. Michigan Supreme court held that it violated the Fourth Amendment. This doesn’t stop these two police departments from catching inebriated drivers all year. They are particularly out in force looking for drunk drivers during local events and holidays.
According to the U.S. Centers for Disease Control, Michigan has two percent of its driver’s reported that they were driving after they had drank too much within a 30 day period. The Wolverine state has nearly seven-million people who can licensed to drive. By doing some basic math, there were over 140,000 drunk and impaired drivers on the road in Michigan during the last 30 days.
Prosecutors in Kent County and City attorneys in Grand Rapids take charges that deal with alcohol and driving very seriously. No matter how serious and bad the evidence is against you, five-star rated attorney Shawn Haff can find a way to mitigate the damages his clients are facing from their OWI charges. When you need the best Grand Rapids OWI attorney, call Shawn Haff now!
Hidden Costs Of A Drunk Driving In Michigan
Most people associate monetary fines and possible jail time as the costs of Michigan drunk driving conviction. This costs also apply to anyone picking up a DUI in Grand Rapids, MI or any other major city or town in the wolverine state. While these may be the most common costs related to a DUI, you should be aware of many other costs. Our Grand Rapids DUI defense attorney is here for you if you need help with your OWI case. Retain the best OWI defense Lawyer in Grand Rapids to help you get the best results possible.
Here’s a look at five hidden costs of a DUI conviction:
1. Employment: A DUI may go on your criminal record. If your job requires that you maintain a clean driving record or have a valid driver’s license, you could potentially lose your job or miss out on a new job opportunity. Another factor is all the time away from work when you must attend your mandatory appearance court dates.
2. Mandatory Jail: Any conviction for DUI carries mandatory jail time. For a first offense, it is either 24 or 48 consecutive hours (or 15 or 30 days of electronic home monitoring). The jail time and house arrest goes up exponentially on second or subsequent convictions for driving under the influence.
3. Auto Insurance: Any increased auto insurance premiums due to drunk driving can have a much longer-lasting effect than a one-time monetary fine. A conviction for DUI carries the requirement that you carry high risk (SR-22) insurance.
4. Driving Record: A DUI conviction will go on your driving record and will trigger a driver’s license suspension or revocation.
How Much Does A DUI And Drunk Driving Lawyer Cost?
The DUI fees for hiring an attorney vary considerably. We have found that first offense OUIL/DUI?OWI range from $1,000.00 to as high as $20,000. If your case deals with OWI causing serious injury or death, fees can go as high as $80,000.
Why do DUI fees vary so much? The answer comes down to basically two things:
1. The amount of time a lawyer plans on spending to defend the case.
2. The rate the lawyer charges for an hourly rate.
Some lawyers who charge at the low-end of the DUI fees range will probably expect their client to plead guilty at the first opportunity in court. The reason for this is because some of the lawyers may not gather a police report, spend little time in preparation and not do any investigation on their own. In some of these cases, the lawyers do not have a lot of experience in handling DUI cases and ergo their billing rates are lower. DUI fees for lawyers who are skilled in handling dui cases and who have advanced training and experience in these types of cases are going to bill much higher dui fees.
At The Criminal Defense Law Center of West Michigan, we use different billing rates. The rates are based on the expertise of the lawyer and how many cases the lawyer you want to work with has handled over the years.
Lawyers in Michigan may not charge a contingency fee in criminal cases. So a lawyer may use a flat fee or bill by the hour if you are charged with DUI in Grand Rapids, Michigan.
We use only flat fees. With over three decades of experience and practice, we have found that our clients like dui fees on a flat fee basis. We charge a clients a flat fee because they know exactly how much the cost will be for us to handle the whole case. We promise there will be no surprise bills.
According to the rules of professional conduct in Michigan, the following factors may be considered when concluding the reasonableness of the OWI fee:
- the time and labor required,
- How difficult the case will be and the skill required to provide legal service properly.
- will other employment be precluded because the lawyer took this case.
- the experience, reputation, and ability of the lawyer or lawyers performing the services.
Operating with a High Blood Alcohol Content In Michigan
Also known as “super drunk,” the prosecutor needs to establish that your blood alcohol content (BAC) was 0.17, which is more than twice the “legal limit” of 0.08. This provision was added in 2010, and it comes with harsher punishment.
Here are the consequences for operating with a high BAC:
- It’s a misdemeanor conviction on your record
- Up to 180 days in jail
- Up to 360 hours of community service
- Fines up to $700
- Several hundred dollars in court costs
- A 45-day hard suspension, followed by a restricted license for 1 year, during which time you must have an ignition interlock device installed on your car
- 6 points on your driver’s license.
As mentioned earlier, you may face penalties that are double those of a regular DUI conviction if charged with a Super Drunk offense. The penalties if convicted for having a BAC of .17% or above include:
- Up to 180 days in jail
- Fines and court costs of between $200 and $700
- 45 days driver’s license suspension followed by 320 days of restricted driving
- Required installation of ignition interlock device to remain throughout restricted driving period
- Possible court order to attend alcohol treatment for a minimum of one year
- Possible 360 hours of community service
DUI Defense Is NOT Straightforward in Grand Rapids
While DUI cases might seem straightforward, they are not for several reasons.
- Drunk driving cases can cause traffic accidents that destroy lives and property.
- There are several factors a DUI, OWI, Drunk Driving attorney will consider when evaluating your case.
- First, did the officer have reasonable suspicion to stop you? An example of reasonable suspicion would be the officer observing a vehicle speeding or running a stop sign.
- Did the officer have probable cause to start a DUI investigation? An officer would have probable cause to start a DUI investigation if he watched a vehicle go through a stop sign and the driver had bloodshot eyes and admitted to drinking vodka a few hours earlier.
If you were required to perform field sobriety tests, there are many questions which can be asked of the arresting officer, for example:
- Were they justified in the first place, properly explained and properly assessed?
- Was the officer correctly trained to administer and evaluate the test results for DUI, OWI, and Drunk Driving sobriety tests? Was there probable cause to arrest you for DUI, OWI, and Drunk Driving?
- If you took a blood-alcohol test at the police station, were the tests properly conducted on machines properly maintained by officers properly trained?
- Where the results accurate and reliable?
- Regardless of all the tests and reports, can the prosecutor prove that you violated each element of DUI law beyond a reasonable doubt?
In cases where a person is pulled over for a OWI or drunk driving stop, we find that arrests are often based on evidence that is very subjective. Attorney Shawn Haff and his firm investigates all of the relevant facts. We will do interviews with witnessess to learn if errors were down by the police officer during the field sobriety test. We will examine if a breathalyzer sample was triggered by unwarranted law enforcement action. If we find there was not grounds for a prper stop we will get your case tossed. We will search and if we find that the authorities cannot demonstrate that probable cause was present at the time of the arrest, we will again fight to have the charges dropped. If a local prosecutor decides to have items presented in court that were taken unlawfully or statements that you made without a Miranda warning, we’ll make sure that evidence is excluded.
A Law Firm That Handles Civil Cases Caused By Drunk Driving Crashes
Shawn’s law firm can defend motorists who are facing drunk driving charges that cause injury and lead to civil lawsuits. If a person suffers a severe injury from a DUI accident, the amount of money a settlement or verdict can get is massive. Because of this, a person in this situation should always hire a lawyer who knows how to look at the data and determine how much a claim might be worth. A talented lawyer might be able to achieve a very favorable outcome where no money will be paid to the person claiming injury from an OWI accident.
A Winning DUI Defense Even If You Failed a Sobriety Test
If you or someone you love has been arrested for DUI charges after failing a sobriety test, you may feel like you have no chance of avoiding a conviction. But that is not entirely true. At The Criminal Defense Law Center of West Michigan, we have success in challenging these types of cases even when our clients have failed a BAC test. We will unturn every shred of evidence and will find any violations of your constitutional rights which can turn your entire case around. We use cutting edge strategies and think outside the box when it comes to building solid criminal defense claims and we know we can help you.
City of East Grand Rapids v. Vanderhart
In many drunk driving cases, challenges to a Sobriety Test will come down to being reasonable.
For instance, in the case of City of East Grand Rapids v. Vanderhart, defendant challenged a DUI based on a traffic stop initiated due to a taillight that was not working properly. The majority opinion in by the Michigan Court of Appeals held such a stop could be lawful, at least as it pertained to the totality of circumstances in that particular case. The Police Officer passed defendant’s vehicle and noticed that one taillight was completely out.
When the officer’s car caught up to the vehicle being driven by the defendant, the officer noticed the taillight wasn’t out, it was only significantly dimmer than the other. Based on this, officer stopped defendant, who was deemed by officer to be impaired. His BAC was measured at 0.14. Defense attorneys sought to suppress all evidence gleaned from the stop, arguing the officer lacked reasonable suspicion because his taillights were visible from 500 feet, and thus he had not violated Michigan Vehicle Code.
The jurors found defendant guilty, but then trial court judge granted defense motion to set aside the verdict.
On appeal, the circuit court vacated the trial court’s ruling and reinstated the verdict. The court held the officer’s belief he could stop defendant to inspect the vehicle on the basis of a dim headlight was reasonable per the U.S. Supreme Court’s 2014 decision in Heien v. North Carolina. Defendant appealed to the Michigan Court of Appeals. This court also affirmed the jury’s conviction.
However, dissenting opinion held that the majority opinion set a precedent for its own standard of “unsafe” illumination of a light. The dissent argued this should have been set by the legislative branch, not the court. That leaves some room to challenge future cases brought on the same basis, particularly considering the matter hasn’t been settled by the state supreme court.
Getting Your License Back After a Drunk Driving Conviction
If your driver’s license has been suspended due to a drunk driving conviction, you will be required to fulfill the following:
- Prove sobriety for 12 months
- Have proof of membership in a recovery program
- Provide three people willing to vouch for your sobriety
- Demonstrate that you have received alcohol abuse rehabilitation counseling
Punishment For Refusal Of Chemical Test In Michigan
The peace officer shall immediately forward a written report to the Secretary of State; the driver must request, within 14 days, a hearing before the Secretary of State or the penalties will be imposed by default. MCL 257.625d(2), 257.625f(1).
The state has to prove the following facts to establish as a fact in court that a driver refused a chemical test:
- The police officer has grounds to reasonably believe the driver had committed the offense of drunk drivign or driving under the influence of drugs.
- The driver was indeed arrested for the offense of drunk driving.
- The driver was verbally told by the police officer of their rights that are listed in MCL 257.625a(6).
- The refusal by the driver was unreasonable.
The officer or the person accused of a chemical refusal can have an attorney represent the them. The peace officer, after the arrest for drunk driving is made and after there is a chemical refusal shall send a written report to the Secretary of State. Once the driver is given notice of the Secretary of State has this notice, the driver must within 14 days, ask for a hearing before the Secretary of State or a default will be entered which will cause the driver to suffer the penalties found in MCL 257.625d(2), 257.625f(1).
Once this has been established as a legal fact, The Secretary of State in Michigan must suspend the driver’s license of the person for seven years when it is a first offense. If this is a second offense, the driver will have their license suspended for two years.
If there is a violation of the driver’s constitutional rights at the federal of state level, the suspension shall be set aside. This suspension can also be set aside if the Secretary of State did not have statutory authority and if the Circuit Court finds this suspension was capricious and arbitrary.
Michigan's Implied Consent Law
Under Michigan Law, any driver is “presumed” to have given their consent to a chemical test. This consent applies to a test of your urine, breath or blood. This consent is done for the purpose of determining how high the driver’s BAC is or if there is presence of a controlled substance or both. MCL 257.625c
If the driver is arrested under a local law or Ordinance, the law must be very similar to the corresponding state law. If a person has diabetes, their consent is not “presumed.” It is not “presumed” that a person who is under a medical condition that requires they use an anticoagulant.
Do You Really Need a Lawyer for a Drunk Driving?
Yes! If you want to get a lower charge or believe you are innocent you need an experienced criminal defense lawyer like Shawn Haff on your side. Shawn’s past clients feel he is the best DUI, Drunk Driving defense lawyer in Grand Rapids! As you have read about above, the penalties for any OWI conviction are harsh!
Drunk Driving Defense Lawyer Near Me
If you’ve been arrested for the suspicion of drunk driving, it is important to hire a criminal defense attorney who understands the laws specific to your state. Our defense lawyers help people in Grand Rapids, Michigan and beyond with cases involving:
- First DUI offense
- Second, third or subsequent drunk driving arrests and charges
- Underage DUI charges
- Felony DUI charges
- DUI cases involving accidents and injuries
- DUI involving death
To schedule a consultation with an experienced DUI defense lawyer, contact us today.
Do You Get A Public Defender For DUI And Drunk Driving Charges in Grand Rapids, Michigan?
In many cases, a person will not be given a public defender. If you are facing a felony OWI charge, you will be given a court appointed attorney. Can you really afford to risk your liberty and future with a court appointed attorney who is swamped with work? If you want a number one rated attorney on your side call Shawn now at 616-438-6719. Why risk your future with a Grand Rapids, MI or Kent County public defender? Hire The Best Grand Rapids, Michigan Drunk Driving Defense Lawyer today!
One of the Best, Well Known Drunk Driving Lawyers in Michigan
If legal system is very unforgiving when it comes to DUI and OWI cases. A drunk driving charge impacts your freedom but it also negatively impacts your ability to drive in the future. Because of this, you need the best OWI lawyer who will fight to defend your liberty and your ability to drive. both of these rights. This is why you need to retain Attorney Shawn Haff as your DUI attorney in Grand Rapids, MI.
With many years of handling drunk driving charges under his belt, Shawn’s clients regularly avoid jail time and lesser charges. Widely considered a five-star DUI lawyer in Grand Rapids, Shawn Haff will help you lessen the stress created by a DUI charge.
If you are facing a DUI charge, know that you have to hire a great drunk driving lawyer. Also know that Shawn is an OWI lawyer that will charge you a fair price for his services. Call Shawn today at 616-438-6719.
Hire Grand Rapids, Michigan’s Most Respected DUI OWI Law Firm
As a Drunk Driving Attorney in Grand Rapids, Michigan, Shawn Haff will make sure your rights are protected and guide you through every step of the criminal proceeding process. As a respect DUI attorney in Grand Rapids, MI, Shawn Haff knows the judges and the proescutors. He knows how to get his clients great results.
Top DUI and Drunk Driving Lawyer in Michigan
Attorney Shawn James Haff knows how to get his clients results!
As a Drunk Driving defense lawyer who has helped his clients face numerous dui charges in Grand Rapids, Shawn has the experience, dedication and drive to get his clients the best results possible. Do not face OWI charges alone! That would be a huge mistake. Call Shawn now at 616-438-6719 and let him guide you to the pathway that will get you the best results possible when you are facing DUI charges. Call Shawn Now!
Our Grand Rapids DUI defense attorney will fight for you and not rest until you get the best result possible.
We also have the best domestic violence lawyer to defend you against this serious criminal charge in Grand Rapids, Michigan. Shawn is dedicated to protecting your rights and future. Our expert Michigan criminal sexual conduct lawyer helps his clients get the best results possible when your liberty is at stake.
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Additional Information about Impaired Driving in Michigan:
Felony Drunk Driving
Operating While Visibly Impaired (OWVI)
Operating While Intoxicated (OWI)
Michigan Super Drunk Driving
Drugged Driving