Michigan OWI Attorney J. Dallo explains the charge of OWI with Property Damage. If you’ve been arrested for an OWI offense in Bloomfield Hills, Birmingham, or anywhere in Oakland County, Michigan, or surrounding areas, contact Dallo Law, P.C. at (248) 283-7000 to schedule a free and confidential consultation to discuss your defense.
In an OWI, drunk driving case involving property damage, the prosecutor has to show that the driver was above the legal limit. The prosecutor can also, to advance their case, if they’re being aggressive, they can also show that even if the person was under the legal limit, because there was some alcohol in their system, they might try to find some facts or evidence in the occurrence that may demonstrate that alcohol was a factor. So as a defense attorney I have to be aware of what tactic the prosector is going to take. We might see it on the charge or on the ticket that the blood alcohol level was below the limit, but an aggressive prosecutor may try to advance their theory that alcohol played a role. Regardless, I will have to prepare, no matter what they are going to bring. Just because a client was under the legal limit, and there was property damage, doesn’t mean that I don’t have to worry about the alcohol factor. Prosecutors can still bring that up, I have to consider that, I can’t ignore that. I like to prepare for the strongest case the prosecutor can bring. And when I do that I find that I can bring results for my client. Typically, if the prosecutor has a good case, the driver is looking at, of course paying restitution for whatever property. So we look at the factors and see, and try to negotiate something for my client, unless I look at the case and in those cases where I look at the facts and I don’t see the alcohol connection, I will definitely challenge that.