Guide to Macomb County Drunk Driving Charge

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|AUG 8, 2021

Macomb county drunk driving charge overview
Guide to Macomb County Drunk Driving Charge.

We understand that you never intended to get arrested for a Macomb County drunk driving charge. But we also know how these things can sometimes happen. We’re here to help you through this challenging time.

If you are facing a drunk driving charge in Macomb County, it is essential to understand the possible consequences of a conviction. A drunk driving conviction can result in jail time, a loss of your driver’s license, and a fine. In some cases, you may also be required to install an ignition interlock device in your vehicle.

At Czarnecki & Taylor, we have seen every type of drinking and driving case ranging from common OWI offenses to OWI cases resulting in second-degree murder charges. You arrived at the right place for answers and information regarding a Macomb County drunk driving charge.

Macomb County Jurisdiction

Macomb County courts consist of the following jurisdictions:

Michigan’s OWI law states that a person can be charged with operating while intoxicated if they have consumed alcohol or other substance sufficient to impair their normal motor skills. Typically, the person must have been operating a motor vehicle with an alcohol level of at least .08 and below .17. Usually, a person with a BAC of .17 or higher will face a “super drunk” charge.

What it means to “operate” a vehicle as described by Michigan law. The law describes “operate” as driving or being in actual physical control of a motor vehicle on a highway or property accessible to the public. A person can also be considered in actual physical control if they are found in the driver’s seat of a parked car with the key in the ignition. However, our office has been able to get cases dismissed when the person had parked his or her vehicle in a place of safety.

You should also know under Michigan law, a driver can be charged with a drinking and driving offense if their alcohol level is below .10. A driver is “operating while visibly impaired” if their BAC (blood alcohol content) is more than 0.07 percent and less than 0.10 percent. A person is considered “under the influence” regardless of the BAC if there is other evidence that their driving was affected by alcohol. Many people do not realize that they can still be charged for a drinking and driving offense under this standard even if their blood alcohol content is below .10%.

More on a Michigan OWI charge here.

Can you be arrested for driving under the influence of marijuana?  

Yes. Although marijuana is now legal in Michigan for recreational and medical use, if you drive under the influence of marijuana, you can be arrested for operating under the influence of drugs.

A blood test determines the amount of active THC in your system. While drinking and driving charges are based upon legally established measurements of blood alcohol content (BAC) such as .08, no such legal limits for THC exist at this time.

Read another one of our articles on operating under the influence of marijuana.

Michigan OWI criminal penalties

OWI, First Offense – up to 93 days in jail, fines of $100 to $500, 360 hours (45 days) community service, vehicle immobilization at the court’s discretion, possible ignition interlock device during probation. Read more here about a first-offense OWI.

OWI, Second Offense – Jail time of 5 days to one year, fines of $200 to $1,000, minimum 30 days community service (maximum 90 days), possible ignition interlock device during probation, mandatory vehicle immobilization.

OWI, Third Offense – Prison time of one to five years, fines of $500 to $5,000, minimum 30 days jail, minimum 60 days community service (maximum 180 days), possible ignition interlock device during probation, mandatory vehicle immobilization.

OWI- High BAC – detailed explanation here

OWVI, First Offense – up to 93 days in jail, fines of up to $300, 360 hours (45 days) community service, vehicle immobilization at the court’s discretion.

OWVI, Second Offense – Jail time of 5 days to one year, fines of $200 to $1,000, minimum 30 days community service (maximum 90 days), mandatory vehicle immobilization.

OWVI, Third Offense – Prison time of one to five years, fines of $500 to $5,000, minimum 30 days probation with jail (maximum one year), minimum 60 days community service (maximum 180 days), mandatory vehicle immobilization.

UBAC/UBAL, Unlawful Bodily Alcohol Content/Level, First Offense – up to 93 days in jail, 360 hours (45 days) community service, fines of up to $500.

UBAC/UBAL, Second Offense – up to one year in jail, fines of up to $1,000, 360 hours (45 days) community service.

Other factors will determine the penalties you face if convicted of a drunk driving offense, including whether someone was injured, or lost his/her life as a result of your actions (for example, an accident which may be attributed to driving under the influence). Examples of these penalties are below.

OWI Causing Death – Prison time of 15 years, fines of $2,500 to $10,000, mandatory vehicle immobilization. If a firefighter or police officer dies, it is considered a violation of 257.653a. Penalties for this crime are the same other than you will be sentenced to 20 years in prison.

OWI Causing Serious Injury – Prison time of five years, fines of $1,000 to $5,000, mandatory vehicle immobilization.

Driver’s License Suspension

The Secretary of State penalizes every Michigan and Macomb County drunk driving charge. If you are a first-time OWI offender, your license will be suspended for 30 days, followed by 150 days of restricted driving privileges. If you received an Operating While Visibly Impaired conviction, your license will be restricted for 90 days. There is no total loss of driving privileges. Depending on the severity of the charges, the SOS may take other action.

Once convicted and the SOS imposes license sanctions, the judge cannot override the SOS. However, if a person is admitted into a Sobriety court program, the program can save a person’s license, especially a person facing a mandatory one-year license revocation for 2 OWI convictions within seven years.

If your case is reduced to an impaired driving offense, your license will be restricted for 90 days. A restricted license allows a person to drive under the following circumstances:

  • To and from work
  • Medical emergencies
  • Medical treatment
  • Religious services.
  • Court
  • Treatment programs such as AA or counseling
  • College or school
  • Grocery shopping under reasonable hours

If a person is convicted of two OWI offenses within seven years, an indefinite license revocation for one year will be imposed. If convicted of 3 within ten years, a five-year revocation will occur. There is no chance of a hardship license under these conditions. Once the required revocation period has expired, you can appeal to the OHAO division of SOS to restore driving privileges in a driver’s license restoration hearing.

Frequently Asked Questions.

Based upon our many years of experience, the following is a list of the most commonly asked questions related to drinking and driving offenses:

  • Will I go to jail? Most likely not. If convicted of a first-time Macomb County drunk driving charge, the overwhelming odds are that you will not serve jail time for this offense if convicted of a first-time offense involving operating under the influence, including OWI, High BAC, or Operating While Visibly Impaired.
  • Will I lose my driver’s license? This answer depends on the conviction offense. First-time offenders convicted of an OWI will face a brief period of suspension followed by a restricted license. Someone convicted of OWI High BAC will lose driving privileges for 45 days, followed by restrictions with a BAIID device  (Interlock device) for the remaining 320 days.
  • Should I hire a lawyer? Yes. You should always hire a knowledgeable defense attorney shortly after your arrest. Do not wait for a court date before contacting a lawyer. There are defenses and strategies that can be taken right away to defend you or save your driver’s license if you act quickly.
  • Can a lawyer get my case dismissed? Yes. It does, however, depend on the facts of each case. Most courts do not want to dismiss drinking and driving offenses, but it can be done. Many attorneys do not want to take the extra steps necessary to see if a case can be dismissed. Because it is difficult does not mean that it should not be considered a defense strategy. It is difficult to get a drunk driving dismissed, but it is possible based upon various legal and non-legal variables. For example, our office had had drinking and driving offenses dismissed when a person was parked in a safe place. Our office has educated many attorneys on how to argue and present this defense. Other times we have had cases dismissed when the breathalyzer logs were inaccurate. Also, even when a case cannot be dismissed, there is a strong probability that your case be reduced to a lower charge. Finding a local attorney who knows the Macomb County courts and what to expect in each jurisdiction is essential.
  • Will I lose my CPL license if convicted of an operating under the influence offense? Yes. You will lose your CPL for three years after a first-time offense for operating under the influence. Individuals convicted for a second offense will lose their CPL rights for eight years.

The Macomb County Drunk Driving Charge Court Process

When charged with any crime, you are entitled to discovery that will include blood alcohol results, police reports, medical reports, witness statements, dash-cam, Michigan State Police toxicology reports, and any other evidence relevant to your case. The following is the standard court process when facing a Macomb County drunk driving charge:

  • Arrest: Whether facing a felony or misdemeanor, most Macomb County drunk driving cases start with a traffic stop, investigation, and arrest. Typically, you are held in jail until you are released on a bond our until the blood alcohol level drops to a level for a safe release from jail.
  • Arraignment: A formal arraignment is a court proceeding where the court will advise you of your charges and set a bond with conditions. An attorney will be present at your arraignment if your are indigent or if you retain a lawyer.
  • Discovery: Your attorney will receive all the evidence in the case. You will have an opportunity to see what the prosecutor will use as evidence against you.
  • Pretrial Conference: If facing a misdemeanor offense, your next court date will be a pretrial conference. This is a formal court hearing where your attorney and prosecutor will discuss your case. Pretrial conferences are used for a variety of reasons but primarily used to discuss plea deals, evidentiary issues, discovery issues, restitution, trial, and more. Most Macomb County drunk driving cases are settled after several pretrial conferences.
  • Probable Cause Conference/Preliminary Examination: If you are facing a felony charge, your case will be scheduled for a probable cause conference and preliminary examination if necessary. A probable cause conference is similar to a pretrial conference. Cases can be resolved at the probable cause conference date. A preliminary examination is a hearing where the prosecutor must establish the likelihood that you are a person who committed a crime. The prosecutor must provide evidence on each of the elements of the drunk driving offense.
  • Motion hearings: Motions are hearings on a specific legal matter not including a trial. Motions are often necessary to dismiss a case on evidentiary issues, discovery issues, or when evidence should be excluded or admitted into evidence.
  • Plea Deal: A plea deal is a negotiated settlement between your attorney and the prosecutor. An attorney cannot accept a plea deal without your consent. Usually, plea deals result in reduced charges and dismissals of the higher original charge. In essence, a deal in your favor has been reached. A plea bargain is a deal that reduces the original charge to something less serious.
  • Trial: You have the absolute to a trial where the prosecutor must prove your guilt beyond a reasonable doubt.
  • Sentencing: If convicted you will have to appear before the court to learn what sentence the court will impose. During sentencing the court will hear from your attorney, probation, prosecutor if necessary, and any victims in cases involving accidents.

Drunk driving defenses.

Hiring a local attorney who frequently represents people in Macomb County courts has many benefits. Learn more about fighting a Michigan DUI.

Besides hiring an attorney familiar with the courts, prosecutors, and judges, you must hire an attorney that knows how to expertly handle a Macomb County drunk driving charge.

In any Michigan or Macomb County drunk driving charge the prosecutor must prove that you:

  • operated a vehicle, and
  • were “under the influence”—meaning you was either impaired or had a prohibited amount of drugs or alcohol in your blood.

Many OWI defenses target one of these two components because the prosecution must prove both beyond a reasonable doubt to get a conviction. The defenses available to you depend on the facts of your case. This section of the article gives an overview of some OWI defenses:

An experienced attorney will look into the following issues:

  • Did the police have a legal reason to stop you?
  • Is there evidence to support the officer’s traffic stop?
  • Is there evidence of operation?
  • Was the vehicle parked in a place of safety?
  • Are the blood alcohol tests reliable and accurate?
  • Was the breathalyzer calibrated correctly?
  • Does our client have any prior OWI offenses?
  • What is your criminal history?
  • Do the dash-cams provide any defenses or undermine the officer’s conclusions contained in the police report?
  • Should you get a substance abuse evaluation report for plea negotiations?
  • Should you begin counseling whether private or AA?

Effective OWI defense requires a knowledge of the ever-changing OWI laws in Michigan and the many court of appeals opinions interpreting Michigan laws. It includes:

  • Conducting an independent investigation;
  • Getting discovery from the prosecutor or officer;
  • Gathering our evidence;
  • Pretrial motions to exclude or include evidence;
  • Motions to have the court dismiss your case; and
  • Experience with OWI jury trials

In Michigan, you can’t be convicted of a Macomb County drunk driving charge unless you were actually “operating” a vehicle. So, if you were asleep in a vehicle safely parked, you probably have a good defense.

Evidence of driver intoxication can be produced in a variety of ways. However, in most cases, the prosecutor relies on chemical tests. The chemical tests show the amount of alcohol and drugs the driver had in his or her system at the time of operation. It’s also standard for prosecutors to have the police officer who made the arrest testify at trial regarding their observations.

Because it’s illegal to operate a motor vehicle in Michigan with a blood alcohol level of .08% or higher, chemical test results alone can prove the intoxication element of a OWI charge.

An attorney may be able to challenge the test results by saying the results are unreliable because of a flaw in the testing procedure or device. On that basis, the blood alcohol results do not represent an accurate measurement of the amount of drugs or alcohol in your system at the actual time of operation. This defense may require the assistance of an expert witness.

For an OWI offense, the officer’s observations are an important part of the prosecution’s case. An officer’s observations of impaired driving would include:

An attorney may need to challenge the importance of the arresting officer’s observations to defend an OWI charge. Field sobriety tests are poor indicators of intoxication, opening the officer’s observations up to a challenge. A good defense attorney may be able to provide an alternate explanation—other than intoxication—for failed sobriety tests. For example, physical disabilities and fatigue can lead to poor FST performance. Also, bloodshot eyes can be caused by allergies and other irritants. Read more here regarding the problem with field sobriety tests and why sober people fail them.

Can a drunk driving charge be dismissed?

This is a question that our office is frequently asked. The answer is – yes. There are different scenarios and types of dismissals. There are various legal avenues that can be pursued which may result in a dismissal, major reduction or not guilty verdict of a drunk driving case which include: filing a deviation request, filing a motion to dismiss and/or proceeding to a trial.

In some plea deal scenarios, a person will admit to doing something lesser in exchange for the dismissal of an OWI charge, meaning an offense that carries fewer potential legal penalties or negative consequences. For example, depending on the facts, an OWI can sometimes be reduced to the civil infraction of careless driving. In other instances, a felony OWI is reduced to a misdemeanor charge of OWI or Operating While Visibly Impaired. A plea deal is just that, a bargain as it relates to the lesser offense for which a person accepts responsibility. So, OWI offenses can be dismissed.

Other times, cases can be dismissed entirely if challenged by motion. If the officer did not have a reason to stop you, the case could be dismissed under the 4th Amendment.

Defenses to a Macomb County OWI.

If you have been charged with a drinking and driving violation, you may be concerned about the consequences that could result from your arrest. At our law firm, we understand how stressful this situation can be and we are dedicated to helping you navigate these legal proceedings as smoothly as possible. Our team of experienced criminal defense lawyers will carefully assess your case and work with you to develop an effective defense strategy that addresses the unique circumstances of your arrest.

Some common defenses include challenging the validity of your traffic stop, arguing that you were not impaired while driving, and disputing whether breathalyzer or blood tests provide accurate readings.

If you are facing DUI charges and you want to challenge the results of your chemical test, our skilled criminal defense attorney can help. We have extensive experience handling these types of cases and we know how to build a compelling case that can help you get favorable results. Our team has in-depth knowledge of both Michigan state law as well as federal regulations related to breathalyzer tests, blood draws, and other chemical testing methods used in DUI cases.

We understand how to identify mistakes or irregularities in these tests and develop strategies for challenging their results. Whether it’s by scrutinizing the procedures used during the testing process or working with experts who can provide expert testimony about potential errors in these tests, we will work tirelessly on your behalf to help you achieve the best possible outcome in your case.

Depending on your unique circumstances, there may be other defenses available in your case. To learn more about how our law firm can help you with your drinking and driving offense, contact us today. We will work with you throughout every step of this process and provide you with informed guidance as we navigate these complex legal proceedings.

The most likely outcome of your Macomb OWI.

If you are reading this article and are facing a Macomb County drunk driving charge, you want to know what will happen in your case. Ultimately, the outcome depends on the facts. Of course, looking for dismissal is our office’s first goal. Getting a dismissal is a top priority in every criminal case our office handles.

Depending upon several factors, we may recommend you fight the case at trial, negotiate a plea deal, file a motion, or file a deviation request (seeking a reduction to a lower charge when prosecutor policy does not ordinarily allow for a plea deal). We will not recommend a situation that is not in your best interest.

Based on statistics, the most likely resolution of your case is a reduction to a lesser charge with no jail time. It takes a lawyer who knows what they are doing to reach that goal for you. In many situations, we get the most serious charge dismissed. This is the experience of our office. Our plea negotiations typically result in dismissals of the primary charge. Most of the time, we will be able to save your license. While this is a general explanation, we recommend contacting our office to have a thorough discussion regarding your case. There is no charge for an initial consultation. Once we hear the facts of your case from you we can better assess the outcome.

Also, we can advise on how to get your sentence done before the court sentences you. Yes, you read that correctly.  We can get our clients credit for aspects of their sentence regularly, because we know exactly what the judges are looking for in Macomb County. You get to do it on your terms. Even if the judge doesn’t give you full credit, most judges will reduce what they would sentence you to do.

To accomplish this goal, all treatment programs, driving courses, substance abuse evaluations, victim impact panels, and so forth, must be adequately documented for the probation staff and the judge so they can be reviewed before sentencing.

When you complete tasks before sentencing, you show the judge how seriously you are taking this case. For example, you have passed alcohol tests while on bond, attended counseling, completed an alcohol safety awareness class, attended AA meetings, had a substance abuse evaluation, and met some hours of community service.

You may think the odds are against you even if you are charged with a felony drunk driving offense. That is not true. If you find yourself facing a felony, you need an attorney who can develop a solid plan of action to win at trial or to get the offense reduced to a misdemeanor. At the beginning of this article, I said that we have handled common drunk driving cases to cases charged as drunk driving murder. We have seen it all.

This article goes over basic information regarding a Macomb County drunk driving charge, but there’s no substitute for the help of a knowledgeable attorney. If you’ve been arrested for driving under the influence, you should contact a qualified attorney as soon as possible.

Contact Czarnecki & Taylor

If you are facing a drinking and driving charge in Michigan, it is important to work with an experienced law firm that can help you navigate the complex legal system and provide effective and aggressive defense strategies tailored to your specific situation. At our law firm, we have over 20 years of experience helping clients successfully fight their DUI or DWI charges and avoid serious penalties such as jail time or fines.

We understand the impact that an OWI conviction can have on your life, and we will work tirelessly to develop a strong legal strategy designed to minimize the negative consequences of your arrest while protecting your rights throughout the process. Some of the most common defenses we use in these cases include challenging whether you were actually driving under the influence or arguing that you were stopped without probable cause.

If you have been charged with a drinking and driving offense, don’t hesitate to contact our law firm today to discuss your case and learn how we can help.

The team of defense attorneys at Czarnecki & Taylor is committed to providing the highest quality criminal defense services to our clients. We have a proven track record of success when it comes to representing clients facing all types of criminal charges. No matter how complex your situation may be, you can trust that we will do everything we can to get you the results you need. Whether you need help negotiating a plea deal or defending yourself at trial, we will work hard to achieve the best possible outcome for your case.

CONTACT our office using an online form if you are facing a drunk driving charge. While being charged with any offense causes fear, the outcome is not nearly as bad as you think. Our office can accurately assess your case based on over 20 years of experience in criminal law and drunk driving cases. We are one of the most respected law firms in Macomb County.

Your consultation is free. You can also call us at: 586-718-2345 (24/7).