Oakland County OWI/DUI Defense Attorney

Fighting to Help You Protect Your Freedom and Driving Privileges

Operating a vehicle while intoxicated is one of the most common crimes committed by Michigan residents. Unfortunately, that does not mean the penalties for OWI/DUI are light. The penalties for OWI/DUI are severe and could have a tremendous effect on your life, including your career or personal relationships. Therefore, if you have been arrested for operating a vehicle while intoxicated, you must seek experienced legal counsel with Dallo Law.

The state of Michigan, for years, has struggled with the increase of drunk drivers on the road. In 2017, a report by Michigan’s Annual Drunk Driving Audit (DDA) program revealed that 16,561 people had failed a breathalyzer test. The majority of these failed tests yielded results at .17 to .99 BAC, which would result in an automatic felony charge. Statistics like these have caused Michigan legislators to implement strict operating while intoxicated (OWI/DUI) laws. It often takes an experienced OWI/DUI lawyer to provide reasonable defense for these charges.

Contact criminal defense attorney J. Dallo of Dallo Law for aggressive and effective counsel. He has a thorough understanding of the training officers undergo to determine whether the driver is under the influence of alcohol, drugs, and/or alcohol drug combinations. Attorney Dallo has years of experience defending people accused of OWI/DUI and a proven track record of success whether you are charged with Operating While Intoxicated (OWI/DUI), Operating With a High Bodily Alcohol Content (OWHBAC), or Operating While Visibly Impaired (OWVI).

Contact our Oakland County law firm immediately to set up your initial consultation. Dallo Law accepts clients throughout Oakland County and Macomb County, including Bloomfield Hills, Sterling Heights, Roseville, Pontiac, Troy, Royal Oak, Birmingham, Utica, Rochester, Novi, and St. Clair Shores.

How Does Michigan Define Intoxication?

Michigan law determines if a person is inebriated by their blood alcohol concentration level or by an assessment of the driver’s physical and mental faculties. The term “blood alcohol concentration” or BAC refers to the number of grams of alcohol in a person’s system. BAC is measured through OWI/DUI chemical testing, including breath analysis (breathalyzers), urinalysis, and blood analysis.

The Michigan Penal Code Section 257.625 states a person is “operating while intoxicated” if .08 grams of alcohol is found per:

210 liters of breath
67 milliliters of urine; or
100 milliliters of blood.

For purposes of Michigan’s OWI/DUI statute, the term “intoxicating substance” is defined to include a substance in any form, including but not limited to vapors and fumes, other than food, which was taken into the defendant’s body in any manner, which is used in a manner or for a purpose for which it was not intended, and that may result in a condition of intoxication.

The term “under the influence” is defined to mean that because of drinking alcohol, using or consuming a controlled substance, or consuming or taking into the body an intoxicating substance, the defendant’s ability to operate a motor vehicle in a usual manner was substantially lessened.

According to the model jury instructions, a person does not have to fall or be unable to stand up to be considered under the influence. On the other hand, just because a person has drunk alcohol or smelled of alcohol, consumed or used a controlled substance, or consumed or used an intoxicating substance does not prove, by itself, that the person is under the influence of an intoxicating substance. The test determines whether an intoxicating substance has significantly altered the defendant’s mental and physical condition and if they are no longer able to operate a vehicle safely.

The legal blood-alcohol concentration limits in Michigan include:

08 or higher for non-commercial drivers at or over the age of 21
02 or higher for people under the age of 21; and
015 or higher for people with commercial driver’s licenses (CDL)

What are the Legal Implications of a Michigan OWI/DUI Conviction?

In Michigan, prosecutions for Operating While Intoxication (“OWI/DUI”) under MCL 257.625 include any combination of alcohol/substances based on the evidence presented, including:

OWI/DUI with an unlawful bodily alcohol level
OWI/DUI while under the influence of alcohol
OWI/DUI while under the influence of a controlled substance
OWI/DUI while under the influence of an intoxicating substance or
OWI/DUI while under the influence of a combination of alcohol, a controlled substance, or intoxicating substances

Although the penalties for OWI/DUI are severe, the consequences are more serious for a second OWI/DUI if a prior offense occurred within the past seven years or for a third OWI/DUI if two prior offenses occurred within the past 10 years. If the driver’s BAC is 0.17 or greater, the person can be charged with an aggravated form of OWI/DUI. The rules also differ for drivers under 21 or those with a commercial driver’s license.

The impact of a conviction for operating a vehicle while intoxicated is more extensive than you may think. If convicted, you may be sentenced to jail or prison, have your license suspended, and be required to pay steep court fines.

Unfortunately, these are not the only penalties you may face. The judge may impose additional conditions on your sentencing, such as community service, points added to your driving record, and possible vehicle immobilization or installation of an ignition interlock device (IID). The criminal penalties do not even include the possible career-related consequences an OWI/DUI conviction may bring. It is not uncommon for offenders to lose their jobs or be denied a professional license because of their OWI/DUI conviction.

For example, if you hold a commercial driver’s license (CDL), you are held to a higher standard. If convicted, you face a one-year suspension. A second or third conviction will result in your CDL license being suspended for at least 10 years.

If you or someone you know has been charged with an OWI/DUI in the state of Michigan, we highly suggest you seek legal representation as soon as possible.

What are the Different Types of OWI/DUI Charges in Michigan?

In Michigan, there are various types of charges a person can face if they are driving under the influence of an alcoholic beverage or a controlled substance. These serious charges can result in severe penalties; however, some are more severe than others.

Understanding the definition of your OWI/DUI charge is the first step to crafting a strong defense for your case. Listed below are the different types of charges a person can face if they operate a vehicle under the influence of drugs or alcohol.

Operating a Vehicle While Intoxicated (OWI/DUI)

Most people who are stopped for drinking and driving will be charged with OWI/DUI. The crime is defined under the Michigan Penal Code Section 257.625, which states that it is illegal to operate a vehicle while intoxicated on a road, highway, or any place open to the general public. An officer can arrest you for OWI/DUI if:

They have probable cause that alcohol, drugs, or other intoxicating substances are in your body and have substantially impaired your ability to drive safely or
You submit and take an OWI/DUI chemical test, and your BAC (blood alcohol concentration) was at or above .08

Operating While Visibly Impaired (OWVI)

In some cases, law enforcement will charge you with operating a vehicle while being visibly impaired (OWVI). You may be charged with an OWVI when the officer has reason to believe you ingested alcohol, a controlled substance, or other intoxicating substance, and that hindered your ability to see and impaired driving. OWVI tends to have lighter penalties than an OWI/DUI conviction.

Operating With Any Presence of a Schedule 1 Drug or Drug or Cocaine (OWPD)

The state of Michigan determines the severity of a drug based on its Drug Schedule. If you are found with even trace amounts of a Schedule 1 controlled substance or cocaine in your system, then you will be charged with OWPD. Typically, an OWPD will result in a misdemeanor charge. However, the penalties could be enhanced if you have prior OWI/DUI-related convictions.

Zero Tolerance OWI/DUI

Minors under the age of 21 can also be charged with a type of OWI/DUI and have a stricter BAC limit. Any person under the legal drinking age with a BAC of .02 to .07 violates zero-tolerance laws. Penalties for violating zero-tolerance laws may include hefty fines, driver’s license restrictions, and points added to your driving record.

Felony OWI/DUI (Super Drunk Laws)

In 2010, a new set of laws was passed in Michigan that enhanced the penalties for high BAC OWI/DUI offenders. These can be found under MCL 257.625(6) and are regularly referred to as “Super Drunk Laws” or Operating with a High Bodily Alcohol Content (OWHBAC). The penalties for violating Super Drunk laws are particularly unforgiving. A first-time offender can be sentenced to up to 180 days in jail and a driver’s license revocation for up to one year.

OWI/DUI While Causing Property Damage

While no specific statute regarding property damage exists, many people are arrested for an OWI/DUI after an accident. After an accident, police will try to determine what happened. If you appear intoxicated, they may require you to complete a field sobriety test and/or a breathalyzer. If you are found to be intoxicated, the chances are high that you will be found at fault and will face OWI/DUI charges.

Commercial OWI/DUI

Drivers of commercial motor vehicles (CMVs) face more rigid restrictions than regular motor vehicle operators. Under Michigan law, CMV drivers cannot have a blood alcohol content (BAC) of 0.04 or higher, while non-CMV drivers have a legal limit of BAC of 0.08 or higher. Commercial vehicle operators are required to have a much lower amount of alcohol in their system, even when they are driving their personal vehicles.

Prescription Drug OWI/DUI

Suppose a police officer believes you are driving under the influence of a prescription medication that is impeding your ability to operate your vehicle safely. In that case, you may be charged with prescription drug OWI/DUI. Even if the medication is legally prescribed to you, some drugs have negative side effects that can impair the driver’s judgment.

What is the Difference Between OWI/DUI, OWVI, OUIL, and UBAL?

Many people are uncertain regarding the legal differences between OWI/DUI, OWVI, OUIL, and UBAL. OWI/DUI is a hybrid version of the following two offenses:

Operating a motor vehicle while under the influence of intoxicating liquor (OUIL)– MCL 257.625(1)(a)
Operating a vehicle with an unlawful bodily alcohol content (UBAL) — MCL 257.625(1)(b)

For this reason, under MCL 257.625(1), OWI/DUI requires proof of three legal elements:

The defendant operated a motor vehicle
The vehicle was driven on a highway or other place open to the general public or generally accessible to motor vehicles and
The defendant was under the influence of liquor or a controlled substance, or a combination of the two, or with a blood alcohol content of 0.08 grams or more per 100 milliliters of blood

The third element is disjunctive because it can be satisfied in either of the two ways.

The Michigan Legislature enacted MCL 257.625(3), creating the offense of Operating While Visually Impaired (OWVI). The OWVI charge was created to address those situations in which a defendant’s level of intoxication and resulting impairment does not suffice to establish OWI/DUI. Yet, the defendant still presents a danger to the public because their “ability to operate the vehicle is visibly impaired.” People v. Mikulen, 324 Mich. App. 14, 22-23, 919 N.W.2d 454, 460 (2018).

If you have been charged with an OWI/DUI offense and need further clarification regarding Michigan’s drunk driving laws, contact Dallo Law today to schedule a consultation.

What is the Penalty for a First OWI/DUI in Michigan?

The minimum and maximum penalties for OWI/DUI in Michigan depend on several factors, including how the crime was charged and the number and timing of prior convictions. Additional conditions, such as vehicle forfeiture or an ignition interlock device (IID) installation, may be added to your sentencing. Below are the penalties for operating a vehicle while under the influence in Michigan.

OWI/DUI and OWPD:

Up to 93 days in jail
A fine between $100 and $500
Driver’s license suspension for 30 days
License restrictions for up to 180 days
Possible vehicle immobilization or installation of an IID
Six points added to driving record

OWVI:

Up to 93 days in jail
A possible fine of up to $300
Up to 360 hours of possible community service
Driver’s license restrictions for 90 days
Possible vehicle immobilization
Four points added to driving record

If you have been charged with a first-time OWI/DUI offense, you must hire a criminal defense lawyer who will fight to help you protect your driving privileges. Due to the legal complexities associated with an OWI/DUI, it is always best to hire an attorney who understands the legal complexities of the state’s drunk driving laws.

J Dallo is an experienced DUI defense attorney with a proven record of being able to help OWI/DUI defendants when they need it most.

What Happens if You Are Convicted of a Second OWI/DUI Offense Within Seven Years?

If you have been charged with a second OWI/DUI offense within seven years, you may be sentenced to jail, vehicle impoundment, and points on your license. If the current OWI/DUI violation occurs within seven years of one (1) prior conviction, you could face the following enhanced penalties:

OWI/DUI and OWPD:

A minimum of 5 days and a maximum of 12 months in jail
No less than 48 hours of the term must be served consecutively
A possible fine between $200 and $1,000
Possible community service between 30 and 90 days
Driver’s license revocation and denial for a minimum of 12 months
Driver’s license plate confiscation
Vehicle immobilization from 90 up to 180 days
Possible vehicle forfeiture altogether
Six points added to the driving record

OWVI:

A minimum of 5 days and a maximum of 12 months in jail
A possible fine between $200 and $1,000
Possible community service between 30 and 90 days
Driver’s license revocation and denial for a minimum of 12 months
Driver’s license plate confiscation
Vehicle immobilization from 90 up to 180 days
Possible vehicle forfeiture altogether
Four points added to driving record

Any OWI/DUI arrest should be taken seriously. However, a second OWI/DUI offense can result in severe legal implications that can affect your ability to work and personal life. You need a criminal defense lawyer like J Dallo from Dallo Law, who will analyze the evidence to try and work to have your charges dropped or reduced. Contact our Oakland County law office to schedule your initial consultation with our experienced defense attorney.

How Stiff Are the Penalties for a Third OWI/DUI Conviction?

Suppose the current OWI/DUI violation occurs after two or more prior convictions, regardless of the years that have elapsed since any prior conviction. If that is the case, the accused will receive enhanced penalties.

If the defendant is convicted of a third OWI/DUI, they will be sentenced to pay a fine of not less than $500.00 or more than $5,000.00 and to either of the following penalties:

Face imprisonment for no less than 12 months but no more than 5 years
No less than 48 hours of the term must be served consecutively
Probation with imprisonment in county jail for no less than 30 days but no more than 12 months; and
Community service for no less than 60 days but no more than 180 days
Mandatory license revocation for at least one year
Possible vehicle forfeiture altogether and
Six points added to the driving record

If you are facing a possible third OWI/DUI conviction, you should be advised that a judge could sentence you to spend time in prison. Michigan’s OWI/DUI law takes a tough stance on any OWI/DUI offense, and prosecutors look to make examples of repeat offenders.

What is Michigan’s OWI/DUI Vehicle Immobilization Law?

Under Michigan Law (MCL 257.625 and MCL 257.904), after a conviction for OWI/DUI, the defendant may be required to have their vehicle immobilized for a period of time. The period that the vehicle is immobilized begins when the defendant finishes any jail time they may be ordered to serve or when the court hands down the sentence. Additionally, vehicle immobilization may be ordered for 180 days if the offender is found to have operated their vehicle without a required ignition interlock device.

Under Michigan OWI/DUI law, a vehicle is made unusable through technology that locks the ignition, steering, or wheels. Sometimes, the vehicle may be stored at a specific location, such as an impound yard. Offenders are responsible for paying the costs related to immobilization or storage.

The length of the vehicle immobilization depends on the OWI/DUI conviction and the defendant’s criminal history. The length is listed below.

No prior convictions: Immobilization may be ordered for no more than 180 days
Convicted of OWI/DUI within 7 years after a prior conviction: Mandatory immobilization for no less than 90 days or more than 180 days unless the court has ordered forfeiture
Two or more prior convictions: Mandatory immobilization for no less than one year but no more than three years unless the court-ordered forfeiture

Any driver who has had their vehicle immobilized is permitted to sell their vehicle during this time. However, Michigan law does not allow the immobilized vehicle to be sold to another individual who would not be ordered to pay tax, such as an immediate family member, unless granted by a court order.

Finally, anyone whose vehicle has been immobilized cannot purchase, lease, or obtain another vehicle until the specified period has elapsed.

Having your vehicle impounded for any length of time can make it challenging for you to go to work, school, or complete other tasks. One of the best steps you can take is to hire a criminal defense lawyer who will fight to reduce or dismiss your charges.

Will I Have to Forfeit My Vehicle if I Am Convicted of an OWI/DUI?

Michigan has imposed strict OWI/DUI laws and penalties to punish repeat OWI/DUI offenders or when the OWI/DUI offense has resulted in injury or death. It should be noted that vehicle forfeiture is an extreme measure taken at the court’s discretion. If the court orders a forfeiture, the vehicle is seized and sold. In a case where a vehicle is co-owned, the state will still sell the vehicle and, after recovering forfeiture costs, will split the remaining proceeds with the co-owner.

Some of the conditions that would warrant a vehicle forfeiture include:

The OWI/DUI offense resulted in injury or death
A second OWI/DUI conviction within the past seven years
A third OWI/DUI conviction
Two prior OWI/DUI offenses in the past 10 years

Vehicle forfeiture is not the only legal consequence that can result from OWI/DUI offenses. Michigan OWI/DUI law also allows courts to impose other penalties, including:

License plate confiscation: A license plate may be confiscated by law enforcement authorities after an OWI/DUI arrest if the offender has a previous conviction in the past seven years or two prior convictions. Authorities seize the regular license plate and issue a paper tag that will remain on the vehicle until the case is concluded.
Denial of registration: An OWI/DUI defendant cannot register a new vehicle, renew an existing registration, or sell any vehicles that they own or co-own until the denial period has ended.

A drunk driving charge can lead to significant financial penalties and make it more challenging to complete everyday tasks. Our knowledgeable OWI/DUI defense attorney can help you avoid legal penalties in your drunk driving case. Contact Dallo Law today to schedule an initial consultation.

What Are Implied Consent Laws in Michigan?

In Michigan, driving on a public highway, road, or any place open to general traffic means you have implicitly consented to submit to chemical testing by law enforcement. “Implied consent” laws were implemented to penalize drivers who refuse OWI/DUI chemical testing, such as a urine test or breath analysis. It does not matter if you are an out-of-state driver; implied consent laws will still apply if you use Michigan roads or highways. However, these laws do not extend to blood without a court order.

Despite implied consent laws, you can still refuse chemical testing. OWI/DUI testing has flaws; if your results are skewed, you may be charged with OWI/DUI. Sometimes, it is best to refuse OWI/DUI testing so the prosecutor will not have any concrete scientific evidence of your OWI/DUI. You may still end up being charged with OWI/DUI, but since the prosecutor will only have subjective evidence from the officer, it is less likely you will be convicted or instead face a reduced sentence.

If you refuse chemical testing, you will not face criminal penalties but still have to deal with administrative penalties. A refusal report will be submitted to the Michigan Secretary of State’s office, and you will have 14 days from the date of refusal to contest it in administrative court. Failing to respond within 14 days will result in an automatic 6 points added to your driving record and a one-year license suspension. If this is your second refusal within 7 years, you will face an automatic two-year license suspension and will not be allowed to file a hardship appeal.

An officer is also permitted to make a warrantless arrest if the officer has reasonable cause to believe the person was involved in an accident in Michigan while operating a vehicle and:

While under the influence of alcoholic liquor, a controlled substance, or other intoxicating substance, or any combination thereof
With an unlawful bodily alcohol content
While visibly impaired
With any bodily alcohol content if the person is under 21
While violating specific provisions in MCL 257.625 and having occupants under age 16 in the vehicle

Under Michigan law, the authority for a warrantless arrest also extends to violations of substantially corresponding local ordinances.

Why Should I Trust My OWI/DUI Defense to Dallo Law?

If you have been accused of OWI/DUI in the Michigan Bloomfield Hills area, find experienced and aggressive legal representation with the skilled legal team at Dallo Law. Attorney Dallo and his team are passionate about what they do and treat every individual case as a priority. With his past in MMA, collegiate, and golden gloves fighting, Attorney Dallo has proven himself to be a fierce competitor, demonstrating that fighting spirit in the courtroom.

Unlike other criminal defense attorneys who often encourage clients to take deals that are not favorable to them, Dallo Law fights to help you obtain an outcome that is suitable for their needs,

Be sure to start building your defense with attorney Dallo immediately. He always has his client’s best interests in mind and will do everything he can to ensure they get the best possible result for their case. Call 248-290-9962 to schedule your initial consultation with Mr. Dallo. Dallo Law accepts clients throughout the greater Oakland County and Macomb County, Michigan, area. Office visits are by appointment only; consultations are also available over the phone or via video conference.