By James Czarnecki | Czarnecki & Taylor PLLC | AUG 17, 2023
Although everyone in Michigan knows it is against the law to drive drunk or while under the influence of drugs, there are many facts about Michigan drunk driving arrests that many people don’t know. For example, you can still be convicted of a drunk driving offense even if your blood alcohol level is just below the legal limit of .08. Additionally, any amount of active THC found in a driver’s system can also lead to a conviction for driving under the influence.
It is also important to know that the penalties for a drunk driving conviction vary depending on the circumstances of each case, such as whether an accident occurred or if it was your first offense. In Michigan it is illegal to have any open containers of alcohol in your vehicle while you are driving. Therefore, it’s critical to understand all aspects of the law and how they may affect you if charged with a Michigan drunk driving offense.
Fortunately, there are experienced criminal defense attorneys who can help determine the best course of action in order to ensure that your rights are fully protected and that you receive the best possible outcome for your case. At Czarnecki & Taylor we understand the complexities of Michigan’s OWI laws and have handled countless cases involving drunk driving charges including cases that involved drunk driving murder charges. With our help, it’s possible to have your charges reduced or even dismissed altogether. We can also advise you on the best way to handle other consequences that may arise from a OWI charge, such as license suspensions.
No one should face a drunk driving charge without experienced legal representation by their side. If you are facing OWI charges in Michigan, our team of experienced and dedicated attorneys is here to help. We will review your case in detail and craft a strategy tailored for you. With our knowledge and skill on your side, you can be sure that you will receive the best possible outcome for your case.
20 Drunk Driving Arrest Facts
1.OWI stands for Operating While Intoxicated, which is the term used in Michigan to refer to drunk driving offenses. An OWI offense can range from a misdemeanor to a felony, depending on the circumstances. It is important to note that even the “lesser” charge of Operating While Visibly Impaired carries serious criminal penalties including jail time and fines.
2. The legal blood alcohol concentration (BAC) limit for drivers over 21 years old in Michigan is 0.08%. For drivers under 21, the legal limit is 0.02%.
3. Michigan has an implied consent law, so drivers are required to consent to a chemical test (breath or blood) if arrested for OWI. If you refuse the chemical test, you can lose your license for 1 year.
4. Penalties for OWI convictions in Michigan can include fines, license suspension, probation, community service, and even jail time.
5. Commercial drivers in Michigan can be charged with OWI if their BAC is 0.04% or higher while operating a commercial vehicle.
6. You are not required to perform field sobriety tests. In Michigan, you can legally refuse to perform field sobriety tests. Many people do not know and a refusal may make a difference in a case for those who have alcohol in their systems while behind the wheel.
7. Repeat OWI offenses within a certain time frame lead to increased penalties, including driver’s license revocation for 1 or 5 years and/or potential felony charges.
8. Michigan’s “Super Drunk” law imposes stricter penalties for drivers with a BAC of 0.17% or higher, including mandatory alcohol treatment programs and installation of interlock device.
9. First-time OWI offenders in Michigan may be eligible for a restricted driver’s license that allows them to drive to work, school, and medical appointments if the OWI offense is reduced.
10. Michigan law enforcement uses various methods to detect drunk driving, including field sobriety tests, breathalyzers, and blood tests.
11. Penalties for OWI offenses can be enhanced if the driver was transporting a passenger under 16 years old at the time of the offense.
12. OWI convictions can lead to increased insurance rates, as insurance companies often view individuals with drunk driving records as high-risk drivers.
13. Michigan has an ignition interlock device program, which requires certain OWI offenders to install an interlock device in their vehicles to prevent them from starting the car if they’ve been drinking.
14. Michigan’s OWI laws also apply to operating other motorized vehicles, such as boats and snowmobiles while under the influence. If you are convicted of operating any type of motorized vehicle while under the influence, you will face the same penalties as if you were driving a car. Penalties may include jail time, fines, and license suspension or revocation. Many Michigan drunk driving arrests are the result of operating a motor vehicle other than a car.
15. OWI convictions can have long-lasting consequences on a person’s criminal record and can affect employment opportunities and more.
16. Aggravating factors such as causing accidents, injuries, or fatalities while driving under the influence can result in more serious charges and penalties.
17. OWI cases can involve complex legal procedures, including challenges to evidence collection, legality of traffic stops, and more.
18. Michigan law provides avenues for individuals charged with OWI to seek legal representation and defend their rights in court, potentially leading to reduced charges or even case dismissals.
19. Expunging an OWI conviction does not remove the case from your driving record. The Michigan Secretary of State will still keep the record on your driving history.
20. Legal prescription use can result in drunk driving charges. Even though the medication was prescribed by a doctor, it does not absolve a person of criminal liability. It’s important to be aware of the consequences of taking certain medications before getting behind the wheel. It is essential to understand how drugged driving and drunk driving are different; knowledge of these differences might aid in avoiding serious consequences from an impaired driving charge.
An attorney can guide you through the legal process and help you understand Michigan drunk driving arrests.
Many people don’t know most, if not any, of the 20 facts about Michigan drunk driving arrests. The best way to protect your rights and fight a Michigan OWI charge is to hire an experienced Michigan OWI/DUI lawyer. An attorney has the resources to investigate your arrest. They also have years of school, training, and experience that allow them to analyze the evidence against you to determine the best defense strategy for your case. This could include challenging your OWI/DUI arrest or the legality of any tests conducted, such as breathalyzer or field sobriety tests.
An experienced Michigan OWI/DUI lawyer can also provide you with valuable guidance on how to proceed in court and work to get a favorable outcome for you. In addition, an attorney will work to ensure that your rights are not violated throughout the process. By having a lawyer on your side, you can rest assured that you have an experienced advocate protecting your rights and helping you get the best possible outcome in your case.
Hiring a Michigan OWI/DUI lawyer is especially important if this is not your first offense or if there were extenuating circumstances during your arrest such as an accident or high breathalyzer or field sobriety test results. In these cases, the consequences of an OWI conviction may be more severe. A skilled lawyer will be able to work with you and build a strong defense tailored to your specific situation in order to help minimize any possible penalties or fees associated with a conviction. Depending on the particulars of your case, it may be possible to negotiate a plea bargain or even get the charges dismissed. An experienced attorney will know what evidence is needed and how best to present it in court.
At Czarnecki & Taylor we know the nuances of Michigan drunk driving arrests and charges. We are committed to providing you with the highest quality legal representation and counsel. We understand that dealing with the criminal justice system can seem overwhelming and intimidating, and we strive to make the process as straightforward and stress-free as possible. Our team of experienced attorneys has successfully handled countless OWI cases throughout Michigan, and we are prepared to represent you in your case.
Some OWI defenses to Michigan drunk driving arrests can include:
- Rising alcohol levels in the blood
- The police officers did not have a proper basis to conduct a traffic stop or make an arrest
- Challenging the results of chemical tests for BAC levels
- Failing to follow correct police procedures during the investigation and arrest
- Illegal searches and seizure
- Unreliable field sobriety tests – Why sober people fail field sobriety tests
One reason that our law office is so effective when representing people facing OWI charges is because we understand the specific challenges and obstacles that come with this type of offense. We know how to handle these cases from all different angles, ensuring that your rights as a defendant are protected throughout every step of your case. We have an extensive track record of success representing people charged with misdemeanors or felonies.
A quality that sets Czarnecki & Taylor apart from other firms is our ability to handle complex cases that require specialized knowledge and experience. Our firm’s impressive track record for success and aggressive Michigan criminal defense is unparalleled for achieving exceptional results. Czarnecki & Taylor has a well-earned reputation among judges, courts, city attorneys, prosecutors, police, and other defense attorneys for defending our clients.
Besides having extensive experience handling DUI/OWI charges in Michigan, we also bring a personalized approach to each case that we take on. We know that no two situations are the same and can tailor our representation to meet your specific needs and goals.
If you are facing an OWI charge in Michigan, call us today to learn more about how our law office can effectively represent you. Learn more about how we win Michigan OWI cases.
Have you been arrested for a Michigan OWI? We can help. Czarnecki & Taylor PLLC’s experienced attorneys will handle your case with care and help you through every step of the process. For a free consultation, call us today at (586) 718-2345 or online for a prompt response. We are available 24/7 and have weekend and evening appointments.