Oakland County DUI Lawyer
Being pulled over and arrested for driving under the influence can be a highly stressful experience. The flashing lights, field sobriety tests, and the breathalyzer test can feel overwhelming, putting you in fear and uncertainty. You may not know what to expect next, the potential penalties, and their impact on your driver’s license, employment, and reputation.
At HJP Legal, we understand your worries and concerns. Our firm has defended countless individuals in DUI offenses; this experience has given us the knowledge and skills necessary to navigate Michigan’s Department of State regarding your driver’s license suspension and the court system that prosecutes DUI charges.
DUI is a prevalent crime in Michigan and the U.S. Because it threatens public safety, law enforcement and the courts aggressively pursue prosecution and penalties. There are no easy solutions when facing such charges, which is why it is critical to retain legal representation. Our firm’s mission is to minimize the consequences for individuals charged with these offenses.
Discuss the specifics of your case with our Oakland County DUI attorney in a confidential consultation. Call HJP Legal at (734) 593-1688 or email us from our online contact form. Attorney Peters is licensed in Michigan, Florida & California.
Why Choose HJP Legal?
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Strategic Advice & RepresentationAttorney Halley J. Peters is well-versed in ensuring your legal rights are protected throughout the legal process. They will ensure that the evidence being used against you is obtained legally and within legal boundaries.
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Minimize PenaltiesCriminal charges can have severe consequences, including losing certain rights, massive fines and penalty fees, and potential incarceration. A skilled criminal defense attorney like Halley J. Peters can help to minimize these penalties or even fight to get the charges dismissed entirely.
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Clear Communication & TransparencyHalley is here for you every step of the way. She keeps her clients informed and up to date on important developments in their cases, and is readily available to answer any questions or address any concerns that may arise.
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Legal ExpertiseHalley is an experienced criminal defense attorney with the knowledge, skills, and resources to handle your criminal case. She understands the legal procedures and tactics of the prosecution, allowing her to provide you with the best defense.
What Constitutes DUI in Michigan?
In Michigan, DUI is officially known as Operating While Intoxicated . OWI offenses are broadly categorized into two main types: Operating While Visibly Impaired (OWVI) and Operating While Intoxicated.
OWI
An OWI charge is based on objective evidence that a driver's ability to operate a motor vehicle safely was substantially diminished due to the effects of alcohol, drugs (including prescription medication), or a combination thereof.
This can be proven in one of two primary ways:
- Blood Alcohol Content (BAC): Drivers with a BAC of 0.08% or higher can be charged with OWI. The BAC threshold for commercial drivers is 0.04%, and for drivers under 21, any BAC above 0.02% may lead to an OWI charge.
- Substantial impairment: Even without BAC levels being at or above the legal limit, if the driver's ability to operate a vehicle is substantially impaired by alcohol or drugs, an OWI charge can still be applied.
OWVI
Penalties for a First Offense
While both charges carry serious consequences, the penalties for OWI are generally more severe than those for OWVI.
However, penalties for both can include:
- Fines ranging from $100 to $500.
- Up to 93 days in jail.
- Up to 360 hours of community service.
- Driver's license suspension for 30 days, followed by 150 days of restricted driving.
- Possible ignition interlock requirement.
- Six points on your driver's license.
Super Drunk Charges in Michigan
"Super Drunk" charges refer to a more severe category of OWI offenses. This designation applies to drivers who are found operating a motor vehicle with a Blood Alcohol Content (BAC) of 0.17% or higher, which is more than twice the standard legal limit of 0.08%. The official term for this charge is "Operating With a High BAC," but it is commonly referred to as being "Super Drunk."
The penalties are more severe than for a standard OWI, with potential jail time increased to 180 days, fines up to $700, not including additional court costs, and a license suspension of 45 days followed by 329 days of restricted driving with an ignition interlock device.
OWI with a Minor
OWI carries heightened penalties when the offense involves a passenger under 16. If found guilty, the penalties escalate significantly due to the increased risk and potential harm to minors.
The consequences can include mandatory jail time with potentially harsher penalties, increased fines, more extensive community service hours, and the potential of facing child endangerment charges.
How Can Our Oakland County DUI Lawyer Assist in Fighting OWI Charges?
Attorney Halley Peters can make a significant difference in the outcome of OWI cases by investigating key aspects such as:
- The legality of the traffic stop and whether there was probable cause for the DUI arrest.
- The accuracy and reliability of the breathalyzer test, including calibration records and whether the test was administered correctly.
- The protocol followed during the blood draw, if applicable, and the chain of custody of the blood sample.
- The credibility of the officer's observations and the validity of field sobriety tests.
With the complexities involved in OWI cases, it is crucial to have legal representation that understands not only the laws but also the science and technicalities behind DUI charges. Our firm is committed to providing robust defense strategies for those accused of DUI in Michigan. We are here to protect your rights and fight for the best possible outcome.
Learn more about your case and options in consultation with our Oakland County DUI attorney. Contact us online or at (734) 593-1688 for legal help today.