Alcohol and Drug Related Driving Offenses

Operating While Intoxicated – OWI

Michigan law calls drunk driving Operating While Intoxicated or OWI which specifically forbids the driver of any motorized vehicle, including boats and golf carts, from operating the vehicle after consuming intoxicating beverages or any intoxicating substance. If the substance or beverage is alcohol, a bodily alcohol content of .08 or above is required (.10 for water crafts). Alternatively for intoxicating substances the law penalizes a driving if the substance materially and substantially effects the driver’s ability to operate the motor vehicle.

First Offense

Possible penalties include:
• A $100 to $500 fine and one or more of the following:
– Up to 93 days in jail.
– Up to 360 hours of community service.
• Driver’s license suspension for 30 days, followed by license restrictions for 150 days.
• Possible vehicle immobilization.
• Possible ignition interlock.
• Six points added to driving record.
• A driver responsibility fee of $1,000 per year for 2 consecutive years

Practically, a drunk driving conviction will stay on a person’s record for the rest of their life. There is absolutely no possibility of expungement or setting aside the conviction under any circumstances or any expiration of time. For some, this consquence is unnacceptable. Further, there is no prosecutor or city attorney automatically willing to offer a plea bargain to any offense that is not driving and alcohol related. The truth is, most criminal defense attorneys will take your case expecting to plea it to a lessor DUI charge. That is all they know how to do. Many lawyers may call themselves specilists but the specialize in guilty pleas. If you or a loved one have been charged with drunk driving and you don’t want a drunk driving conviction on your record for the rest of your life you must hire a drunk driving specialist who will effectively fight the case and earn a desired result. The Law Office of Barton Morris has the experience and DUI education necessary to get great results. You have to fight for great results – filing motions, challenging evidence, utilizing experts and winning jury trials. That is how the Law Office of Barton Morris litigates a case and that is how great, non DUI results are obtained. There is no other way. Great results must be earned – they do not come because someone “knows the judge” or is “friends with the prosecutor”. If you hear these often used phrases, keep looking for an attorney until you find one who gets resutls with hard work and specialized training like Attorney Barton Morris. EVERY DUI CASE CAN BE WON – EFFECTIVE DEFENSES EXIST IN EVERY CASE ONLY IF YOU HAVE THE RIGHT LAWYER. ALL PEOPLE WHO PLEA GUILTY TO DUI WILL BE GUILTY OF DUI – ONLY DEFENDANTS WHO FIGHT THEIR CASE CAN WIN.

If you have been charged with a drug crime in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy or any surrounding area and want the best defense, call Michigan Criminal Attorney Barton Morris at (248) 541-2600. Recently voted Top Attorney in Metro Detroit for 2012 and 2013 in DUI Defense.

Second Offense

The penalties for a second offense are much more serious than for a first. As stated above, a violation is considered a second offense if it has occurred with seven years of your first DUI conviction. Even out-of-state convictions may be considered during sentencing.

Possible penalties include:
• $200 to $1000 fine, and one or more of the following:
o 5 days to 1 year in jail.
o 30 to 90 days of community service
• Driver’s license revocation and denial for a minimum of 1 year
• License plate confiscation.
• Vehicle immobilization for 90 to 180 days, unless the vehicle is forfeited.
• Possible vehicle forfeiture.
• 6 points added to the offender’s driving record.
• Driver Responsibility Fee of $1,000 for 2 consecutive years.
An experienced attorney will always try to discover any defenses that could help your case. For example, the police may not have followed the proper procedure during the stop, arrest, and drunk driving investigation. If your attorney finds problems with your case, the charges may be reduced or even dismissed.

Practically, a drunk driving conviction will stay on a person’s record for the rest of their life. There is absolutely no possibility of expungement or setting aside the conviction under any circumstances or any expiration of time. For some, this consquence is unnacceptable. Further, there is no prosecutor or city attorney automatically willing to offer a plea bargain to any offense that is not driving and alcohol related. The truth is, most criminal defense attorneys will take your case expecting to plea it to a lessor DUI charge. That is all they know how to do. Many lawyers may call themselves specilists but the specialize in guilty pleas. If you or a loved one have been charged with drunk driving and you don’t want a drunk driving conviction on your record for the rest of your life you must hire a drunk driving specialist who will effectively fight the case and earn a desired result. The Law Office of Barton Morris has the experience and DUI education necessary to get great results. You have to fight for great results – filing motions, challenging evidence, utilizing experts and winning jury trials. That is how the Law Office of Barton Morris litigates a case and that is how great, non DUI results are obtained. There is no other way. Great results must be earned – they do not come because someone “knows the judge” or is “friends with the prosecutor”. If you hear these often used phrases, keep looking for an attorney until you find one who gets resutls with hard work and specialized training like Attorney Barton Morris. EVERY DUI CASE CAN BE WON – EFFECTIVE DEFENSES EXIST IN EVERY CASE ONLY IF YOU HAVE THE RIGHT LAWYER. ALL PEOPLE WHO PLEA GUILTY TO DUI WILL BE GUILTY OF DUI – ONLY DEFENDANTS WHO FIGHT THEIR CASE CAN WIN.

If you have been charged with a drug crime in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy or any surrounding area and want the best defense, call Michigan Criminal Attorney Barton Morris at (248) 541-2600. Recently voted Top Attorney in Metro Detroit for 2012 and 2013 in DUI Defense.

Third Offense – Felony

A person who is arrested for a third time for any drunk driving charge, no matter how long ago any of those two prior offenses occurred, faces a felony charge. Possible penalties include:
• $500 to $5,000 fine, and either of the following:
– 1 to 5 years imprisonment
– Probation, with 30 days to 1 year in jail.
• 60 to 180 days community service.
• Driver’s license revocation and denial if there are 2 convictions within 7 years or 3 convictions within 10 years. The minimum period of revocation and denial is 1 year (minimum of 5 years if there was a prior revocation within 7 years).
• License plate confiscation.
• Vehicle immobilization for 1 to 3 years, unless the vehicle is forfeited.
• Possible vehicle forfeiture.
• Vehicle registration denial.
• 6 points added to the offender’s driving record.
• Driver Responsibility Fee of $1,000 for 2 consecutive years.

Practically, a drunk driving conviction will stay on a person’s record for the rest of their life. There is absolutely no possibility of expungement or setting aside the conviction under any circumstances or any expiration of time. For some, this consquence is unnacceptable. Further, there is no prosecutor or city attorney automatically willing to offer a plea bargain to any offense that is not driving and alcohol related. The truth is, most criminal defense attorneys will take your case expecting to plea it to a lessor DUI charge. That is all they know how to do. Many lawyers may call themselves specilists but the specialize in guilty pleas. If you or a loved one have been charged with drunk driving and you don’t want a drunk driving conviction on your record for the rest of your life you must hire a drunk driving specialist who will effectively fight the case and earn a desired result. The Law Office of Barton Morris has the experience and DUI education necessary to get great results. You have to fight for great results – filing motions, challenging evidence, utilizing experts and winning jury trials. That is how the Law Office of Barton Morris litigates a case and that is how great, non DUI results are obtained. There is no other way. Great results must be earned – they do not come because someone “knows the judge” or is “friends with the prosecutor”. If you hear these often used phrases, keep looking for an attorney until you find one who gets resutls with hard work and specialized training like Attorney Barton Morris. EVERY DUI CASE CAN BE WON – EFFECTIVE DEFENSES EXIST IN EVERY CASE ONLY IF YOU HAVE THE RIGHT LAWYER. ALL PEOPLE WHO PLEA GUILTY TO DUI WILL BE GUILTY OF DUI – ONLY DEFENDANTS WHO FIGHT THEIR CASE CAN WIN.

If you have been charged with a drug crime in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy or any surrounding area and want the best defense, call Michigan Criminal Attorney Barton Morris at (248) 541-2600. Recently voted Top Attorney in Metro Detroit for 2012 and 2013 in DUI Defense.

Super Drunk Driving

Super drunk driving is the same as an OWI, but with a blood alcohol content of at least .17%, and with much harsher penalties.
Fines and other costs could be $200-$700, plus a Driver Responsibility fee of $1,000 for two consecutive years. Alcohol treatment is mandatory, possible jail time is doubled to up to 180 days, and your driver’s license is suspended for one year. However, you may be eligible to resume driving after 45 days if you have an ignition interlock, which tests the driver’s breath and allows the car to run only if the driver is sober.

Practically, a drunk driving conviction will stay on a person’s record for the rest of their life. There is absolutely no possibility of expungement or setting aside the conviction under any circumstances or any expiration of time. For some, this consquence is unnacceptable. Further, there is no prosecutor or city attorney automatically willing to offer a plea bargain to any offense that is not driving and alcohol related. The truth is, most criminal defense attorneys will take your case expecting to plea it to a lessor DUI charge. That is all they know how to do. Many lawyers may call themselves specilists but the specialize in guilty pleas. If you or a loved one have been charged with drunk driving and you don’t want a drunk driving conviction on your record for the rest of your life you must hire a drunk driving specialist who will effectively fight the case and earn a desired result. The Law Office of Barton Morris has the experience and DUI education necessary to get great results. You have to fight for great results – filing motions, challenging evidence, utilizing experts and winning jury trials. That is how the Law Office of Barton Morris litigates a case and that is how great, non DUI results are obtained. There is no other way. Great results must be earned – they do not come because someone “knows the judge” or is “friends with the prosecutor”. If you hear these often used phrases, keep looking for an attorney until you find one who gets resutls with hard work and specialized training like Attorney Barton Morris. EVERY DUI CASE CAN BE WON – EFFECTIVE DEFENSES EXIST IN EVERY CASE ONLY IF YOU HAVE THE RIGHT LAWYER. ALL PEOPLE WHO PLEA GUILTY TO DUI WILL BE GUILTY OF DUI – ONLY DEFENDANTS WHO FIGHT THEIR CASE CAN WIN.

If you have been charged with a drug crime in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy or any surrounding area and want the best defense, call Michigan Criminal Attorney Barton Morris at (248) 541-2600. Recently voted Top Attorney in Metro Detroit for 2012 and 2013 in DUI Defense.

OWI with Death or Serious Injury – Felony

In the state of Michigan, a drunk driving accident that results in serious injury carries a 5 year penalty. These types of cases are the most difficult to respond to as a lawyer and as an accused. The victim is hurt and usually will have outward signs of injury when you go to court. Drunk driving causing injury is a serious charge and it requires serious representation. Possible penalties include:
• One or more of the following:
– Up to 180 days in jail.
– $200 to $700 fine.
– Up to 360 hours of community service.
• Driver’s license suspension for 1 year. Eligible for restrictions after 45 days of suspension if an ignition interlock device is installed on all vehicles the offender owns or intends to operate.
• Possible metal license plate confiscation if the offender operates a vehicle without a properly installed ignition interlock device.
• Mandatory vehicle immobilization if the offense is subsequently convicted for operating a vehicle without a properly installed ignition interlock device.
• 6 points added to the offender’s driving record.
• Driver Responsibility Fee of $1000 for 2 consecutive years.

Practically, a drunk driving conviction will stay on a person’s record for the rest of their life. There is absolutely no possibility of expungement or setting aside the conviction under any circumstances or any expiration of time. For some, this consquence is unnacceptable. Further, there is no prosecutor or city attorney automatically willing to offer a plea bargain to any offense that is not driving and alcohol related. The truth is, most criminal defense attorneys will take your case expecting to plea it to a lessor DUI charge. That is all they know how to do. Many lawyers may call themselves specilists but the specialize in guilty pleas. If you or a loved one have been charged with drunk driving and you don’t want a drunk driving conviction on your record for the rest of your life you must hire a drunk driving specialist who will effectively fight the case and earn a desired result. The Law Office of Barton Morris has the experience and DUI education necessary to get great results. You have to fight for great results – filing motions, challenging evidence, utilizing experts and winning jury trials. That is how the Law Office of Barton Morris litigates a case and that is how great, non DUI results are obtained. There is no other way. Great results must be earned – they do not come because someone “knows the judge” or is “friends with the prosecutor”. If you hear these often used phrases, keep looking for an attorney until you find one who gets resutls with hard work and specialized training like Attorney Barton Morris. EVERY DUI CASE CAN BE WON – EFFECTIVE DEFENSES EXIST IN EVERY CASE ONLY IF YOU HAVE THE RIGHT LAWYER. ALL PEOPLE WHO PLEA GUILTY TO DUI WILL BE GUILTY OF DUI – ONLY DEFENDANTS WHO FIGHT THEIR CASE CAN WIN.

If you have been charged with a drug crime in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy or any surrounding area and want the best defense, call Michigan Criminal Attorney Barton Morris at (248) 541-2600. Recently voted Top Attorney in Metro Detroit for 2012 and 2013 in DUI Defense.