Drunk driving defense is a highly specialized area of the law, and a Michigan OWI or OMVI charge shouldn’t be defended by an amateur. The skilled attorneys of 1.800.NOT.DRUNK and www.NotDrunk.com have the legal expertise needed to defend an operating under the influence charge anywhere in Michigan. During a free consultation, an experienced attorney can outline a proven defense strategy designed to minimize or even eliminate the consequences of a Michigan drunk driving arrest.

A driver arrested in Michigan for OWI or OMVI who refused to take a chemical test to determine blood alcohol content (BAC) faces an immediate threat to his or her driver’s license. The driver has only 14 days from the date of arrest to request a hearing to determine the status of the license. An attorney experienced in drunk driving defense has the skills needed to aggressively fight to preserve the motorist’s driving privileges.

Michigan drunk driving offenses are sometimes referred to as OMVI or OWIs. There are really three distinct drunk driving offenses in Michigan: Operating under the influence of intoxicating liquor; driving with an unlawful bodily alcohol level/content; and operating while impaired, or OWI. Of these three, OWI is the least serious offense.

In any criminal case, including OMVI and OWI, the prosecutor must prove every element of the offense beyond a reasonable doubt in order to gain a conviction. In order to successfully pursue a drunk driving case, the prosecutor must prove that the driver was operating a motor vehicle, while under the influence of alcohol, controlled substances or both, and alcohol materially or substantially affected operating the motor vehicle.

Alternately, a prosecutor may try to prove that the driver violated Michigan’s "per se" laws. Per se is another way of saying that the driver’s BAC was .08 percent or greater – now the legal limit in all 50 states. In order to pursue a per se case, the prosecutor must prove that the driver's blood or breath alcohol content (BAC) was .08 percent or greater while he or she was operating the motor vehicle.

Michigan OWI requires a prosecutor to prove, beyond a reasonable doubt, that the driver was operating a vehicle, while alcohol visibly weakened or reduced his ability to operate his motor vehicle.

A Michigan OUI conviction carries a maximum sentence of up to up to 93 days in jail and up to 45 days of community service, and a fine of up to $500 plus the costs of prosecution. A second DUI, OUI or UBAC in Michigan carries a fine of up to $1,000 and up to 1 year in jail. A third drunk driving arrest will be charged as a felony punishable by 1 to 5 years imprisonment and a fine of up to $5,000. An OWI conviction will bring a maximum sentence of up to 93 days in jail, up to 45 days of community service, and up to $300 in fines plus costs.

A Michigan drunk driving conviction also means that the motorist’s driver’s license will be suspended. For a conviction of OUIL or UBAL/UBAC, a license will be suspended for not less than 6 months and not more than 2 years, with no restricted license for the first 30 days.

If the drunk driver has a prior conviction, the license may be revoked. However, for a conviction of OWI, the license may be suspended for 93 days to one year, but a restricted license is available immediately. A restricted license will allow the convicted person to drive to, from and during work, to alcohol treatment, school, community service or probation. He or she must carry proof of destination and hours to show law enforcement.

One of the toughest sanctions next to time in jail is when the sentencing judge confiscates the vehicle the drunk driver operated. The car doesn’t have to belong to the accused driver - it can be anyone’s vehicle. It doesn't matter if the vehicle is necessary for the other members of the drunk driver's family.

The consequences of a Michigan drunk driving arrest can be harsh, but the repercussions aren’t unavoidable. During a free consultation, an experienced local OWI criminal defense attorney from 1.800.NOT.DRUNK and www.NotDrunk.com will outline a proven strategy designed to protect the driver’s rights and aggressively defend the charges.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.