If you refuse an officer’s request to take a chemical test you will receive a Michigan implied consent suspension. Most people do not realize that when they apply and receive a Michigan driver’s license, they implicitly agree to take an alcohol test when requested by a police officer after an arrest for a drinking and driving offense.
Is Drinking After Driving a defense to a DUI/OWI? Everyone knows about driving after drinking. But, what happens if the police do not stop a person at the scene but some time later after the person had been at home drinking. This article explains the details of the drinking after driving defense.
CZARNECKI & TAYLOR are experienced Macomb DUI defense attorneys. We do, however, handle drunk driving cases in Wayne, Oakland, and St. Clair counties. We have seen many drunk driving cases over the years. Our experience, has shown that drunk driving cases are subject to some tried and tested defenses. The best way to beat a drunk driving offense is to have an experienced attorney recognize these defenses and know how use them effectively.
In the State of Michigan, the courts and the Secretary of State can require that you operate your motor vehicle only after an ignition interlock device has been installed. The following cases typically require installation of the ignition interlock:
OWI with a BAC > .17 (Super Drunk): In Michigan, people who are convicted of a drinking and driving offense with a BAC of .17% or greater are charged as “Super Drunk” The license restrictions are as follows: Suspended license for 45 days and 320 days of driving with a restricted license. You will be required to have a breath alcohol ignition interlock device (BAIID) installed during the restricted driving period.
If you have been arrested for a first offense DUI in Michigan, dealing with the police, courts and prosecution can be quite stressful. This article is written to help answer some of the questions that you may have. Additionally, we hope to alleviate some of the stress you are feeling by explaining what you might expect to occur in your case.