Michigan DUI Defense Attorneys

Arrested for Drunk Driving in Michigan? We Challenge Unlawful Stops, Faulty Tests, and Careless Reports.

If you have been charged with a DUI in Michigan, you need skilled legal representation from attorneys who understand the complexities of Michigan DUI laws. We’re commitment to excellence in DUI defense sets us apart from other law firms. Barton Morris himself is proud to be the President of the Michigan Association of OWI Attorneys (MIOWIA). Attorney Barton Morris is Michigan’s only Forensic Lawyer-Scientist designated by the American Chemical Society, making him uniquely qualified to handle your DUI case. This specialized certification gives him unparalleled insight into the scientific aspects of DUI evidence, including breath and blood testing procedures.

Facing DUI charges in Michigan? Call (248) 712-1156 for a free consultation with our expert DUI defense team.

man with beer bottle in hand pulled over drunk driving being stopped by police

Understanding Michigan DUI Laws and Terminology

In Michigan, a DUI (Driving Under the Influence) is legally termed an OWI, which stands for “Operating While Intoxicated.” This terminology emphasizes that a person doesn’t need to be actively driving to be charged—simply operating a vehicle while intoxicated is sufficient for an OWI charge.

What constitutes an OWI in Michigan?

BAC (Blood Alcohol Content) of .08 or higher
Being under the influence of alcohol or drugs

Michigan also recognizes a more severe charge known as “Super Drunk Driving” for drivers with a BAC of .17 or higher. This enhanced charge carries significantly more severe penalties than a standard OWI.

Michigan DUI Penalties: What You’re Facing

Michigan’s drunk driving laws are among the toughest in the nation, with penalties varying based on whether it’s your first, second, or third offense.

First Offense DUI Penalties in Michigan

Up to 93 days in jail
Fines between $100 to $500
360 hours (45 days) of community service
Vehicle immobilization at the court’s discretion
Possible ignition interlock device during probation
Driver’s license restrictions

Second Offense DUI Penalties in Michigan

Mandatory minimum of 5 days in jail with a maximum of one year
30-90 days of community service
Maximum fine of $1,000
License revocation for at least one year (if within seven years of prior conviction)
Required license restoration hearing with the Secretary of State (SOS)

Third Offense DUI Penalties in Michigan (Felony)

$500-$5,000 fine
1-5 years imprisonment OR 30 days to 1 year in jail followed by probation
60-180 days of community service
Vehicle immobilization or forfeiture
Substance abuse counseling, treatment, and education
Mandatory minimum of 30 days in jail

Super Drunk Driving

For Super Drunk Driving (BAC of .17 or higher), penalties increase to a 180-day maximum jail sentence and a mandatory one-year restricted license, with the first 45 days completely suspended.

Facing DUI charges? Contact our team now to fight for your future.

Why You Need a Specialized Michigan DUI Attorney

DUI cases are among the most complex in the criminal justice system, requiring specialized knowledge that most general practice attorneys simply don’t possess. A great Michigan DUI defense lawyer will have expertise in detection, enforcement, and testing to ensure that all aspects of the case—such as traffic stop validity, field sobriety tests, and chemical testing—are thoroughly examined. They will challenge any errors in the process and use their understanding of scientific evidence to build a strong defense aimed at protecting your rights and minimizing the consequences of your charges.

michigan police officer handing driver breathalyzer device for DUI

DUI Detection and Enforcement

Our attorneys know how officers are trained to observe vehicles in motion and drivers post-stop, as well as potential issues with non-standardized field sobriety testing methods.

Standardized Field Sobriety Testing

The three standardized tests administered in Michigan DUI cases are:

Horizontal gaze nystagmus (HGN)
Walk-and-turn test
One-leg stand test

An experienced DUI attorney knows how these tests should be properly administered and can identify when officers fail to follow proper protocols.

Chemical Bodily Alcohol Testing

Michigan uses three different tests to determine a driver’s bodily alcohol content:

Preliminary Breath Test (PBT) – Administered roadside before arrest, not admissible as evidence of BAC
Datamaster DMT Breath Test – Administered at the police station, typically twice, admissible in court if properly administered
Whole Blood Test – Can be drawn pursuant to consent or a search warrant, must be drawn by a qualified person under a doctor’s supervision

As Michigan’s only Forensic Lawyer-Scientist, Barton Morris is highly qualified to challenge the scientific evidence in DUI cases.

Need help challenging your DUI test results? Contact our team of experts today.

close up of doctor's hands taking blood from arm of drunk driver for blood alcohol test for DUI charge

What Makes Barton Morris Michigan’s Premier DUI Defense Firm

Our firm stands apart from others due to our specialized training, experience, and approach to DUI defense.

barton morris posing infront of lobby desk

Unmatched Qualifications

Barton Morris holds numerous distinctions specific to OWI cases:

President of the Michigan Association of OWI Attorneys
Michigan’s only Forensic Lawyer-Scientist designated by the American Chemical Society
Only criminal defense lawyer contributor on Michigan Impaired Driving Safety Commission’s report on THC and driving
Board member for multiple prestigious legal organizations
Faculty for National College for DUI Defense and the DUI Defense Lawyers Association

Trial Experience That Makes a Difference

While most lawyers may have tried just a handful of DUI cases, Barton Morris has tried over 30 DUI cases to a jury. This extensive trial experience provides us with a significant advantage when negotiating or presenting your case in court.

Scientific Expertise

DUI evidence is scientific and requires specific training to understand and effectively challenge. Our attorneys are experts in:

Metrology
Analytical chemistry
Biological chemistry
Medical science
Understanding how medical conditions may interfere with chemical testing

defense lawyer and his client sitting in michigan court for trial on DUI charges

Our Proven DUI Defense Strategies for Michigan Cases

Our attorneys implement tailored defense strategies to challenge every aspect of your DUI case.

1. Challenging the Traffic Stop

For a DUI arrest to be valid, there must first be a legitimate traffic stop. We thoroughly review dashboard camera footage to determine if the officer had valid reasons to pull you over. Often, what officers claim as the reason for the stop doesn’t match what actually occurred.

2. Questioning Probable Cause for Arrest

Under the Fourth Amendment, unreasonable searches and seizures are unconstitutional. We analyze everything leading up to your arrest to determine if proper procedures were followed and if there was genuine probable cause.

3. Challenging Breath Test Administration

Michigan Administrative Rules place strict requirements on how breath tests must be administered. Common issues we identify include:

Improper machine maintenance and calibration
Failure to observe the 15-minute waiting period before testing
Operator error or lack of proper certification

4. Blood Test Defense Strategies

Blood tests, while considered more accurate than breath tests, are still subject to numerous potential errors. We examine:

Whether proper blood collection tubes and stoppers were used
If proper needle size and insertion techniques were employed
If the blood specimen was free from contaminants
If the person drawing blood was properly trained and qualified
Whether there was proper chain of custody for the sample

As Michigan’s only forensic lawyer-scientist, Barton Morris has completed the Axion Lab’s Hands On Forensic Chromatography Course, learning exactly how blood alcohol testing is performed at the Michigan State Police Forensic Science Division.

5. Field Sobriety Test Challenges

Field sobriety tests are often improperly administered. Our attorneys receive regular training on these tests—more frequent than most police officers—allowing us to effectively challenge their reliability in court.

Specialized DUI Cases We Handle

Commercial CDL DUI Defense

A CDL (Commercial Driver’s License) is essential for professionals who operate vehicles over a certain gross weight. Michigan law is particularly harsh on CDL holders charged with DUI:

First offense: One-year CDL suspension (even if driving your personal vehicle)
Second offense: CDL revoked for a minimum of ten years

These penalties can be devastating to your career. Our attorneys work diligently to have charges reduced or dismissed to preserve your livelihood.

DUI Drugs and Marijuana Cases

Michigan has a zero-tolerance policy for driving with any amount of a controlled substance in your system. This is particularly problematic with marijuana, as THC can remain in your system for 30 days or more.

Our team has specialized expertise in defending against drug-related DUI charges. Attorney Barton Morris was the only criminal defense lawyer contributor on Michigan Impaired Driving Safety Commission’s report on whether THC equals intoxication while driving.

Super Drunk Driving Defense

With enhanced penalties for BACs of .17 or higher, “Super Drunk” cases require specialized defense approaches. We focus on:

Challenging the accuracy of high BAC readings (breath test instruments are calibrated at .08, making higher readings less reliable)
Evaluating field sobriety test performance (passing these tests contradicts claims of high intoxication)
Presenting scientific evidence to dispute test results

Underage Drinking and DUI

For drivers under 21, Michigan enforces strict laws regarding alcohol possession and consumption. We provide specialized defense for Minor in Possession (MIP) charges, focusing on:

Challenging actual or constructive possession
Questioning the reliability of preliminary breath tests
Exploring exceptions under Michigan law for certain circumstances

Serious Bodily Injury DUI Cases

Operating While Intoxicated causing serious bodily injury is a five-year felony in Michigan. These cases require extensive experience in challenging both the intoxication evidence and establishing whether the operation of the vehicle was the proximate cause of the injury.

The Michigan DUI Court Process: What to Expect

When facing DUI charges in Michigan, understanding the court process is essential. Our attorneys guide you through each step:

1. Initial Client Interview

During this crucial meeting, we gather all necessary information about your case and begin building your defense strategy.

2. Arraignment

This is your first court appearance, where you’re formally advised of the charges and your rights. We can often waive this appearance with a written filing.

3. Attorney Investigation

We immediately request all relevant evidence, including:

Booking room video (must be obtained quickly before deletion)
Police in-car video
Police reports
Breath test maintenance records
Operator training records
Blood test analysis data

4. Chemical Test Refusal Hearing

If you refused a chemical test, a separate hearing will be scheduled with the Secretary of State. We use this opportunity to cross-examine the arresting officer under oath.

5. Pre-Trial Conference

At this hearing, we negotiate with prosecutors and discuss possible resolutions. We always enter these negotiations fully prepared with knowledge of your case’s strengths and weaknesses.

6. Motion Hearings

We file strategic motions challenging key aspects of the prosecution’s case, such as the legality of the traffic stop or the admissibility of test results.

7. Trial

If your case goes to trial, we present a strategic defense based on our extensive trial experience and specialized knowledge of DUI science and law.

8. Sentencing

If a conviction occurs, we work to minimize penalties and advocate for alternatives to incarceration.

Our Commitment to DUI Defense Excellence

What sets our firm apart is our commitment to continuous learning and mastery of DUI defense. We regularly attend and teach at the nation’s most prestigious DUI defense training programs:

The National College of DUI Defense (NCDD) seasonal seminars

DUI Defense Lawyers Association (DUIDLA) national training events

Michigan Association of OWI Attorneys (MIOWIA) specialized seminars

As Barton Morris often says: “Don’t hire the Student when you can hire the teacher.”

Contact Michigan’s Premier DUI Defense Team Today

When your freedom, driving privileges, and future are at risk, you need the best DUI defense available. The Law Offices of Barton Morris combine scientific expertise, legal knowledge, and trial experience to fight for the best outcome in your DUI case.

Facing DUI charges in Michigan? Don’t wait. Call (248) 940-3757 today to schedule your free consultation.

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