DUI / OWVI ATTORNEY
Do you see police lights in your rearview mirror? Your heart is sinking…
If you have been pulled over for driving after drinking more alcohol than is legally allowable in Michigan, you will be charged with a DUI or OWI (Operating While Intoxicated). There are serious consequences from a DWI/OWI charge in Howell. They can vary and are determined by how many times you have been pulled over while intoxicated.
In Michigan, a person can be charged with drunk driving with a bodily alcohol content (BAC) of .08 or greater. However, anyone caught with a BAC of .17 or higher can face additional penalties. For anyone caught driving with a .08, an OWI charge is permanent and you cannot erase a drunken driving conviction. A DWI or OWI could be on your record for your lifetime. In fact, you must appear before the court within 77 days from the time of your charge. For that reason, you must obtain an experienced Livingston County DWI charge defense attorney quickly! Call McCririe Law in Howell and speak with a DUI lawyer!
The penalties of a DUI/OWI in Howell vary according to the number of intoxicated driving offenses:
First offense: You can spend up to 93 days in jail, fines up to $500, 45 hours of community service, and even have your car taken away. Licensing sanctions can be placed and include restrictions on your driver’s license. Read New Law below.
Second Offense: You can serve up to one year of jail, fines up to $1,000, 90 days of community service, and mandatory car immobilization, and have licensing sanctions that include suspension or restrictions on your driver’s license.
Third Offense: You can serve up to five years in prison, fines up to $5,000, mandatory probation, 180 days of community service, and mandatory vehicle immobilization, and licensing sanctions including suspension or restrictions on your driver’s license.
New Law - Michigan’s governor signed a bill into law (August 2021) that allows many individuals convicted of first-time intoxicated driving to have their record expunged (wiped clean from their criminal record) five years after their probation ends. Additionally, expungement for first-time OWI is allowable if:
- Any person operating a vehicle with a BAC of .08 or more
- Any person operating a vehicle while visibly impaired by alcohol or other controlled substance
- A person under 21 years old operating a vehicle with a BAC of .02 or more
- Any person from operating a vehicle with any bodily amount of cocaine or a Schedule 1 controlled substance
Note: Convicted first-time intoxicated drivers can not be eligible for expungement if they have caused death or serious injury due to their drunk driving.
Whether it’s your first offense or not, you need an attorney that can defend you immediately. McCririe Law has the experience to help you navigate the proceedings of this serious charge. A charge that can profoundly impact your life. Contact McCririe Law!
OWVI
Operating while visibly impaired (OWVI) is a driving offense in Michigan that is similar to driving under the influence (DUI). However, unlike DUI, there is no minimum blood alcohol content (BAC) required to be convicted of OWVI. Instead, an OWVI conviction can be based on the officer's observation of the driver's behavior, such as swerving, driving too slowly, or failing to maintain lane position.
The penalties for OWVI are similar to the penalties for DUI. A first-time OWVI conviction can result in a fine of up to $300, up to 93 days in jail, and up to 90 days of restricted driving privileges. A second or subsequent OWVI conviction can result in a fine of up to $500, up to 180 days in jail, and up to one year of restricted driving privileges.
If you are arrested for OWVI, it is important to contact an attorney immediately. An attorney can help you understand the charges against you and can represent you in court.
Here are some of the signs that an officer may use to determine if a driver is operating while visibly impaired:
- Swerving
- Driving too slowly
- Failing to maintain lane position
- Driving erratically
- Having bloodshot or watery eyes
- Slurred speech
- Difficulty concentrating
- Smell of alcohol on the breath
If you are pulled over by the police and the officer suspects that you are operating while visibly impaired, you should:
- Stay calm and cooperative
- Do not argue with the officer
- Do not consent to a search of your vehicle
- Ask the officer if you are free to leave
- If you are arrested, do not say anything until you have spoken to an attorney
Operating while visibly impaired is a serious offense. If you are arrested for OWVI, it is important to contact an attorney immediately.
FAQ
CAN I REFUSE A BREATHALYZER TEST IF A POLICE OFFICER PULLS ME OVER ON THE ROAD?
You can, but there will be a ticket and other serious consequences. For that reason, you should contact McCririe Law.
CAN I GO TO JAIL WITH MY FIRST DUI?
It all depends on your situation when charged with the DUI. When accused of a DUI, the first thing you should do is get a reputable, experienced attorney team, like McCririe Law.
