The state of Michigan is taking a tough stance against those caught operating while intoxicated. Police in Michigan on a regular basis crack down on those who have had too much to drink and get behind the wheel. There are many issues a person arrested for operating while intoxicated needs to be aware of in Michigan. This article will address those issues.
Issue One: Michigan’s implied consent proceeding: Your Michigan license, or your right to drive in Michigan if you don’t have a Michigan driver’s license, will probably be suspended for one to two years if you refuse to submit to a breath test. If you are pulled over for operating while intoxicated, you need to carefully read over the paperwork you were given. If you are going to fight the implied consent suspension of your driver’s license, you must file an appeal. Your appeal is a request to have a hearing within 14 days of your arrest. If your appeal fails or you do not appeal you will have six points added to your driver’s license and hammered with a one to two-year license suspension.
Issue Two: What will be your punishment for getting convicted of an OWI in Michigan? Operating while intoxicated means that a person is either under the influence of liquor, under the influence of a controlled substance, a combination of liquor and a controlled substance or the person has a bodily alcohol content of .08 or above. A person who has a BAC of .08 or higher can be referred to as “per se OWI.” A conviction of OWI results in six points to your driving record. A person convicted of OWI is facing up to 93 days in jail. The person busted for OWI will face fines of up to $500.00 and their driver’s license will be suspended for up to six months. They may get a restricted license after a hard 30-day suspension of their driving license.
Issue Three: What defenses do you have in your OWI case? A good OWI attorney knows what kind of defenses you may have in your particular case. For example, did the police officer have a valid reason to pull you over? Where the field sobriety tests done correctly? Was the administration of the portable breathalyzer test done correctly? Was the portable breathalyzer test equipment working properly? Were the procedures at the blood test laboratory followed correctly? Was the accused actually the driver? Does the driver have the defense of necessity or duress?
What Should I do if I get pulled over for an OWI?
First, treat the officer with respect and dignity. Treat the officer in a safe way so that they aren’t worried about their safety or that you are going to interfere with their investigation. You want to limit the amount of information that they are gathering. You don’t need to tell them where you came from or how much you have had to drink. You do not have to perform the field sobriety exercises or the roadside breath test. Remember, if you are taken back to a police station and refuse to take the breath test the consequences for that are entirely different. You can only be given a fine for not taking the roadside breath test. However, refuse to take the breath test at the station your license can be suspended for one to two years. The suspension is a hard suspension unless you appeal.
The best way to avoid an OWI offense is not to drink while under the influence of alcohol. Always have a designated driver with you if you are going to drink and need a ride home.
Operating While Intoxicated Quick Start from a Michigan DUI Attorney
If you are facing a drunk driving or OWI (Operating While Intoxicated Charge) and are looking for a West Michigan DUI lawyer, you will probably want information right now and also want to feel relief knowing you can contact someone right away who can provide you with your desired information. You can call Shawn 24 hours a day 7 days a week for information and a free consultation. I have real-world experience that will get you results!
When you call me, I’ll also be asking you a few questions:
- What time did you get arrested?
- Where did you get arrested?
- What is the charge you are facing?
- Did you take a breath test?
- If you did, what were the results?
- Did you take a data master test?
- Did you perform tests on the road?
As you can see, I’ll want to know as much as possible about your case and all the information that you can give me will be helpful to me. When we meet, we will go over all the relevant details of your West Michigan operating while intoxicated charge. I will not let you leave my office without knowing how things will work and what you are realistically facing for consequences.
In order to properly handle your case, I will need to get all the evidence that I can on your case. This evidence will include a police report and any video evidence. Every part of the case will need to be examined in order to get you the best results possible! DUI and Operating While Intoxicated cases are not won by luck.
If you are arrested for OWI, DUI, Drunk Driving or any other alcohol-related driving offense, call me now at 616-438-6719! The call and consultation are free!
Our Criminal Defense Lawyers in West Michigan Proudly Serve: Kent County, Ottawa County, Allegan County, Ionia County, Barry County, Berrien County, Mason County, Manistee County, Mecosta County, Oceana County, Muskegon County, Montcalm County, Newaygo County, Kalamazoo County, Lake County, Van Buren County, and the City of Grand Rapids, Michigan.
Our Grand Rapids Criminal Lawyers Also Proudly Serve The West Michigan Cities Of: Grand Rapids, Holland, Allendale, Wyoming, Kentwood, Grandville, Walker, Hudsonville, Grand Haven, Coopersville, Spring Lake, Ionia, Hastings, Stanton, Newaygo, White Cloud, Zeeland and Allegan.