By Attorney James Czarnecki|Czarnecki & Taylor PLLC|OCT 6, 2022
The following is a list of frequently asked questions many of our clients ask regarding a Macomb County DUI charge. Although this is an extensive list, it is by no means a complete list of all questions regarding a Macomb County DUI charge. If you have been charged with a DUI, and want specific information regarding your case, don’t hesitate to contact Czarnecki & Taylor PLLC for a free consultation on your DUI charge.
1. What is the legal limit for alcohol in Michigan?
The legal limit for blood alcohol content (BAC) in Michigan is .08%. If you are caught driving with a BAC of .08% or higher, you will be charged with operating while intoxicated (OWI).
Read more in our Macomb County DUI guide.
2. What are the penalties for a Macomb County DUI?
The penalties for OWI in Michigan depend on the number of prior offenses and the blood alcohol content (BAC) at the time of the arrest.
- For the first offense with a BAC below .17%, the penalties may include up to 93 days in jail, up to $500 in fines, and community service.
- For the first offense with a BAC of .17% or higher, the penalties may include up to 180 days in jail, up to $700 in fines, community service, and an interlock device.
- For a second offense OWI, the penalties may include up to one year in jail, up to $1,000 in fines, and community service.
- The penalties for a third or subsequent offense will include a felony of up to five years in prison, up to $5,000 in fines, and community service.
First-time Michigan OWI information article.
3. What are the consequences of refusing a chemical test, breathalyzer, in Michigan?
In Michigan, as a condition of getting a driver’s license, you have given your “implied consent” to perform a breathalyzer test if arrested for a drinking and driving offense. You can refuse to the test but the refusal comes with serious penatlies. You will lose your license for one year even if you are found not guilty of the drinking and driving offense.
If you refuse a chemical test in Michigan, you will be subject to an automatic license suspension for one year. You have the right to request a hearing with the Secretary of State to argue that you did not unreasonably refuse the test. If you win the hearing, you will keep your license. If you lose, your license will be gone for one year.
You may be able to appeal to the circuit court to ask for a restricted license. Always consult with a lawyer if you face an implied consent scenario.
4. What is the Michigan “super drunk” law?
The Michigan “super drunk” law applies to drivers with a blood alcohol content (BAC) of .17% or higher. The penalties for super drunk driving are harsher than the penalties for regular OWI, and may include up to 180 days in jail, up to $700 in fines, and up to 360 hours of community service, 45 day suspension, and an interlock device. Here is our detailed article on Michigan Super Drunk charges.
5. What is an ignition interlock device?
An ignition interlock device is a breathalyzer that is installed in your vehicle. You must blow into the device before starting your car, and if your blood alcohol content (BAC) is above a specified limit, your car will not start.
6. Am I automatically guilty of a DUI if I blow over the legal limit?
No. No one is automatically guilty of an offense, no matter the charge. As with any criminal case, to be convicted, the prosecutor must show that you are guilty beyond a reasonable doubt. A blood alcohol level over .08 creates a presumption that you were operating while intoxicated. Although a BAC over the legal limit helps the prosecutor, that does not mean you do not have defenses available.
What if you know you are “guilty”? Should you still hire a lawyer?
Many clients admit responsibility for drunk driving. They want to take responsibility. A lawyer can still help. A lawyer can help by avoiding unnecessarily harsh sentencing, getting the charge reduced, or avoiding jail time.
Even if a person wants to admit guilt, we tell them to wait until we examine the case. At times, we discover flaws in the prosecutor’s case and obtain a plea bargain that is better than the client’s original intent to plead guilty as charged. Often, the fight is not about getting a dismissal or acquittal. When the evidence is too strong to avoid, we use our decades of experience and relationships to get our clients outstanding plea bargains and easier sentences. Some judges want to jail people for a first-offense OWI. We fight that. We explore every strategy to get great results regardless of how strong the evidence is against you.
Learn more about how to fight a Michigan DUI/OWI.
7. Can I be charged with a drinking and driving offense if I blow below the legal limit of .08?
You wouldn’t think so, but the answer is yes. In Michigan, the offense is called operating while visibly impaired. To support this charge, a police officer must believe that alcohol visibly affected your ability to operate a motor vehicle even if your blood alcohol level is below .08. In other words, the officer must observe you driving in a way that shows you are impaired. Most people do not know this, but it means that even though you weren’t legally drunk (.08 or higher), you were not capable of operating your vehicle safely.
This type of case is based on the officer’s observations and interpretations. An impaired driving charge presents many defenses. If you have been charged with operating while visibly impaired in Michigan and are under the legal limit, you must speak to an attorney.
Charged with a Michigan OWI article.
8. Can I expunge my Michigan OWI?
Yes. Recent changes in Michigan law allow someone to expunge an OWI if specific qualifications are met. Yes, you can get your DUI expunged in Michigan, but the process can be complicated, and it may take some time. If you have been convicted of a DUI, you will need to wait five years from your conviction before you can petition the court for an expungement. The court will then decide whether to grant your request. If granted an expungement, your DUI will be removed from your criminal record. However, remember that even if your DUI is expunged, it will still show up on background checks, and you may still be required to disclose it when applying for certain jobs or licenses.
Michigan DUI expungement information.
9. Can I be charged with a Michigan DUI even though my car was parked?
Yes, you can be charged for a Michigan DUI even if your vehicle was parked. If the prosecution can prove that you were in control of the vehicle and had previously operated it while under the influence of alcohol, then you can be charged with a DUI. Even if your car was not moving, simply having the keys in the ignition and being intoxicated can lead to a DUI charge. If you face a Michigan DUI charge, it is important to speak to an experienced attorney who can help you navigate the legal process because there are defenses to this type of charge.
10. I’ve been charged with a Macomb County DUI. Do I need a lawyer?
Yes. You should hire an attorney if you have been charged with a Michigan DUI. A DUI charge is a serious offense that does not always have an easy solution. Hiring a good attorney can distinguish between a bad resolution and a good one. Contact Czarnecki & Taylor for a free consultation on your Macomb County DUI charge.
11. What factors can make my Michigan DUI more serious?
- Prior DUI convictions
- Offense resulted in serious injury to another
- A child was in the vehicle
- A Blood Alcohol Level of 0.17% or greater
- Reckless or dangerous driving
- Many other aggravating factors can increase the seriousness of the crime
12. What factors can help reduce my Macomb DUI charge?
- Slight impairment – a Blood Alcohol Concentration at or less than 0.08%
- Good driving record
- Completion of a substance abuse treatment programs assessment and 60 days of monitored abstinence from alcohol
- Attendance of Alcohol Safety Awareness Class
- Substance Abuse Evaluation
- Experienced attorneys
13. Will I lose my job because of a DUI charge?
This is a hard question for an attorney because employment differs for everyone. Every situation is different. Like any arrest, a Michigan DUI is a public record in Michigan. It will remain a public record unless you get it expunged.
For most people, you will not lose your job because of a DUI charge in Michigan. However, if you are convicted of DUI, you may face some consequences at work. If your job requires you to drive, your employer may prohibit you from driving for work purposes until your DUI is resolved. Talk to your employer or supervisor. Be sure to take responsibility and show that you are working on resolving the problem.
Some occupations require you to report any arrest. This is true for people with security clearances, who drive for a living, doctors, nurses, lawyers, or professionals requiring a professional license.
14. Do I have the right to speak to an attorney before providing a blood or urine sample?
If you are pulled over on suspicion of drunk driving in Michigan, the police officer may ask you to submit to a blood or urine test. You may wonder if you have the right to speak to an attorney before providing a sample.
The answer is yes; you have the right to speak to an attorney before deciding whether to submit to a blood or urine test. However, it is essential to keep in mind that if you choose to speak with an attorney, the police officer may begin obtaining a search warrant for your blood or urine.
15. Can my Michigan DUI charge be dismissed or reduced?
Yes, to both.
If you are facing a Michigan DUI charge, you may wonder if there is any way to have the charges dismissed or reduced. The answer to this question depends on the specific circumstances of your case. However, some general things can be taken into account.
To provide you with additional information on this topic read our articles:
- Why sober people fail field sobriety tests?
- What are the elements of operating while intoxicated?
- I had to drive drunk. I had no choice.
- Get your OWI dismissed
- How Czarnecki & Taylor wins drunk driving cases
If you have been charged with a Michigan DUI, it is essential to consult with an experienced criminal defense attorney who can evaluate your case and determine the best course of action. An experienced attorney may be able to get the charges against you reduced or even dismissed.
Unfortunately, there is no guarantee that your charges will be dismissed or reduced, but there is one thing that you can do to try to improve your chances. It is important to hire an experienced Michigan DUI attorney. An attorney familiar with the Michigan OWI laws and procedures will be able to spot any potential defenses you may have and help you build the strongest possible case.
An experienced attorney can make all the difference in the outcome of your case. For example, our office has been able to get drinking and driving cases dismissed based on legal arguments. Cases have also been dismissed when our clients were illegally stopped in violation of the Fourth Amendment. We have been able to get felony cases reduced to misdemeanors.
We listen to you. We identify issues. We create solutions.
Are you facing an OWI charge? Czarnecki & Taylor PLLC’s experienced attorneys will handle your case with care and help you through every step of the process. Our team has an outstanding track record of helping clients who face felonies and misdemeanors.
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.
Contact us to get straight answers about your DUI case. We offer:
- Free consultations
- We accept all major credit cards.
- Zoom consultations
- Evening and weekend hours available
If you have been charged with a Michigan DUI, it is important to consult with an experienced criminal defense attorney that can help defend your rights.