Being arrested and charged with Driving Under the Influence (DUI) is a serious matter. Even as a first time offender a DUI can result in jail time, the indefinite loss of driving privileges, a conviction and/or the potential forfeiture of one’s vehicle. That is why contacting an experienced DUI defense attorney who understands the law and the complexities of defending a DUI case is crucial.
In Michigan, a driver is considered legally impaired if their blood alcohol concentration (BAC) is .08 or greater if over age 21, or .02 or greater if under age 21. Additionally, Michigan Law provides for enhanced penalties for anyone caught driving with a BAC of .17 or higher.
If an officer has reason to believe that a driver is impaired, that driver will be asked to submit to a series of standardized field sobriety tests and, possibly, breath or other chemical testing. Such test is administered to establish probable cause that you were driving under the influence. Refusal to take this test can result in a civil infraction. If however, you have been arrested and are asked to submit to a breath or chemical test, refusal to do so will result in an automatic one year suspension of your driver's license. An automatic two year driver's license suspension will be imposed for a second refusal within seven years. These automatic suspensions may be appealed but specific time frames apply. If you have refused to submit to a breath or other chemical test, it is imperative that you speak with an experienced criminal defense attorney right away.
An OWI 1st and 2nd Offense is classified as a misdemeanor. In addition to the loss of driving privileges, an OWI 1st Offense carries several other potential penalties, including: a fine of up to $500, up to 93 days in jail, community service, and driver responsibility fees. An OWI 2nd Offense carries even stricter penalties, including: up to 1 year in jail, a revoked driver's license for 1 year, a fine of up to $1,000 plus costs, possible vehicle forfeiture, and more. If aggravating factors are present at the time of arrest (e.g. a 3rd or subsequent DUI offense; or an accident causing death or bodily harm) a driver can and will be charged with a felony, which may entail a sentence of one year or more in prison.
If you are facing any of these substantial consequences as result of a DUI arrest, it is vital to have a knowledgeable, experienced, and aggressive DUI defense attorney to secure the best possible result in your case. Krakowski Law PLLC has vast experience defending individuals charged with DUI offenses. Contact us today for your free consultation.
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