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RECENT
DRUNK DRIVING (DUI/DWI/OWI/OWVI) DEFENSE HIGHLIGHTS
Charge:
Operating While Intoxicated/OWI - SECOND OFFENSE
Court: 16th District Court
Facts: Officer claimed defendant stopped passed the "limit
line" at a red light as probable cause for the stop. Defendant's
blood alcohol content (BAC) was .17. The in-car video, upon enhancement,
showed the defendant was pulling out of a gas station and she was not on
the main road at the time of the officer's erroneous observation.
Defense: Evidentiary Hearing/Motion to Dismiss Based on Lack
of Probable Cause for the Stop
Disposition: Plea bargain to Careless Driving (a civil
infraction) prior to Evidentiary Hearing.
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Charge:
Operating While Intoxicated/OWI - FIRST OFFENSE
Court: 42nd District Court
Facts: Defendant's blood alcohol content (BAC) was .09.
Defense: Defendant passed all road side tests, BAC was
low enough to argue (on multiple points) that it was below .08 at time
of vehicle operation. Officer and prosecutor were very reasonable in
addressing the matter.
Disposition: Plea bargain to Careless Driving (a civil
infraction).
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Charge:
Operating While Intoxicated/OWI - FIRST OFFENSE
Court: 19th District Court
Facts: Police approached defendant and his girlfriend arguing in
a parking lot. Police accused defendant of running over a light pole
based on fresh damage to his vehicle. Police and defendant got into an
altercation, defendant got roughed up, defendant refused the preliminary
breath test (PBT) and station breath test, and police never took
defendant to hospital for blood draw (or treatment). In-car police
video (from all three patrol cars) either didn't work, was lost or
destroyed.
Defense: No evidence of blood alcohol content (BAC) and
missing, potentially exculpatory, evidence.
Disposition: On day of Trial; OWI DISMISSED,
guilty to Misdemeanor Resisting and Obstructing a Police Officer and
traffic Misdemeanor. $500 fine, no jail, no probation.
Note: Defendant was an Illinois resident and
licensed truck driver. His primary concern, due to his employment,
was to avoid an alcohol related driving conviction.
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Charge:
Operating While Intoxicated/OWI - SECOND OFFENSE
Court: 24th District Court
Facts: Officer claimed defendant screeched his tires and
accelerated at a high rate of speed when traffic signal turned green.
Defendant's blood alcohol content (BAC) was .18. The in-car video
demonstrated that the police officer lost sight of the pursuit vehicle
and he possibly pulled over the wrong car.
Defense: Evidentiary Hearing/Motion to Dismiss Based on
Lack of Probable Cause for the Stop
Disposition: Plea bargain to Reckless Driving (a
non-alcohol related misdemeanor) prior to Evidentiary Hearing.
Note: A plea or finding of guilt to
two drunk driving offenses within 7 years results in revocation of driving privileges (see chart to
the right). Hence, a Reckless Driving plea allows a defendant to avoid
an alcohol related revocation.
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Charge:
Operating While Intoxicated/OWI - FIRST OFFENSE
Court: 36th District Court
Facts: Officer approached defendant on an outstanding warrant
while his vehicle was parked at a gas station. Defendant's blood alcohol
content (BAC) was .17.
Defense: Officer never observed the defendant driving and
evidence did not suggest otherwise. Must be "operating" a
motor vehicle to be convicted of drunk driving.
Disposition: DISMISSED
on day of Trial.
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Charge:
Operating While Intoxicated/OWI - FIRST OFFENSE
Court: 36th District Court
Facts: Officer pulled defendant over when she was double parked
with the engine running near a Detroit nightclub. The Preliminary
Breath Test (PBT) showed a blood alcohol content (BAC) of .16. At
the station, the Breathalyzer (BAC DataMaster) test constituted a
"technical refusal" (the police accused the defendant of not
blowing hard enough). A blood draw was conducted at a local
hospital.
Defense: A PBT is inadmissible at Trial to demonstrate a
defendant's BAC as it is not deemed sufficiently reliable. The
defendant's blood was drawn but never analyzed for BAC. No legally
admissible evidence was available to the prosecution of the defendant's
BAC at the time of operating the motor vehicle. Additionally,
there existed no evidence of operating the vehicle while visibly
impaired.
Disposition: DISMISSED
on day of Trial.
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Charge:
Operating While Visibly Impaired/OWVI - FIRST OFFENSE
Court: 36th District Court
Facts: Defendant was involved in a single car accident whereas
she slid through a stop sign and ran her vehicle into a city owned light
pole and fence. The police arrived and conducted a Preliminary
Breath Test (PBT) which showed a BAC of .08. Immediately prior to
the test, the defendant had used her asthma inhaler. No road side
sobriety tests were conducted due to the blistering cold and blowing
snow. The road conditions were noted in the police report as
"icy". The the Breathalyzer (BAC DataMaster) showed a blood alcohol content
(BAC) of .05.
Defense: A PBT is inadmissible at Trial to demonstrate a
defendant's BAC as it is not deemed sufficiently reliable. In any
event, the use of the inhaler just prior to the PBT could have
negatively affected the results. The in-station BAC was well below
the .08 standard, but legally sufficient to charge the defendant with
driving while visibly impaired. Anyone who has experienced a
Michigan winter knows that you don't have to be drunk or impaired to
slide on ice. The defendant had no history of drinking and driving
offenses or substance abuse. The property damage was minimal.
Disposition: DISMISSED
on day of Trial on motion of the prosecutor who, in addition to the
officers involved in the case, was very reasonable in resolving the
matter based on the facts of the case.
*The
parties to the above cases are not provided to protect the rights of
those accused.
*The results above are not guarantees of future performance.
KNOW YOUR
RIGHTS!
Drunk driving cases are very unique and
particularly challenging to defend. Usually the prosecution's
witness is a police officer and the government relies heavily on
quasi-scientific evidence to establish guilt. Also, public
pressure coupled with the seriously dangerous nature of the offense in
some cases has led prosecutors to be very reluctant to offer any sort of
plea agreements that would result in an alternative, non-alcohol related
offense.
Based on the above considerations, the
odds in a drunk driving case are highly stacked against the
accused. However, in reality, police
officers' observations are not always correct, and often overstated, and
breath and other chemical tests are not infallible. In fact,
breath testing machines have an inherent margin of error and many
considerations can cause breath testing results to be falsely
high. Hence, an analysis of all the evidence, including police
reports, video tapes, "Breathalyzer" (BAC DataMaster)
calibration logs, and the like, is absolutely necessary prior to making
any decisions regarding your case.
Criminal penalties of operating while
intoxicated are harsh and can result in jail time, probation,
dramatically increase your insurance rates, subject you to exorbitant
"driver responsibility" fees and have effects on your
reputation, your job, and your relationships.
Ultimately, if a plea or finding of guilt
results in referral to probation and sentence, there are many
considerations to take into account to reduce the effect that the matter
will have on your life moving forward. Hence, it is essential that
you speak with an experienced drunk driving defense lawyer before you
are forced to make any decisions or pleas regarding your case.
After a drunk driving arrest, it is
imperative that you deal with the charges immediately. There
are many ways an experienced lawyer can help you when you are facing a
Operating While Intoxicated (DUI/DWI/OWI) or Operating While Visibly
Impaired (OWVI/Impaired Driving) charge including:
- getting the charges dismissed
- obtaining a not-guilty verdict
- dismissing the OWI and pleading to a lesser
offense
- keeping you out of jail
- saving your driver's license
Some ways to defend and deal with your drunk driving
charge include:
- challenging the reliability of
"Breathalyzer" tests and other field sobriety tests
- dealing with the effects of a breath test refusal
- addressing drunk driving in combination with other
traffic violations
- determining whether there was probable cause for a
traffic stop
- negotiating a plea bargain
- mitigating the effects of a finding or plea of
guilty to an OWI or OWVI charge
- obtaining appropriate remedies in court
IMPORTANT (14 DAY RULE): If you are accused
of refusing to take a breath, blood or urine test after being arrested
for a drunk driving charge in Michigan, your license may automatically
be suspended for a year unless you take action within 14 days of your
arrest by requesting an administrative hearing with the Secretary of
State.
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MICHIGAN DRUNK DRIVING PENALTIES
FIRST OFFENSE
OWI (Operating While Intoxicated) or
Operating With Any Presence of a Schedule 1 Drug or Cocaine (OWPD)
$100 to $500 fine and one or more of the
following:
Up to 93 days in jail.
Up to 360 hours of community service.
Driver license suspension for 30 days, followed by restrictions for 150
days.
Possible vehicle immobilization.
Possible ignition interlock.
Six points added to driver record.
$1,000 Driver Responsibility Fee for two consecutive years for OWI.
$500 Driver Responsibility Fee for two consecutive years for OWPD.
OWVI (Operating While Visibly
Impaired)
Up to $300 fine and one or more of the following:
Up to 93 days in jail.
Up to 360 hours of community service.
Driver license restriction for 90 days (180 days if impaired by
controlled substance).
Possible vehicle immobilization.
Four points on driver record.
$500 Driver Responsibility Fee for two consecutive years.
SECOND OFFENSE
(Any combination, second offense
within seven years)
OWI (Operating While Intoxicated)
$200 to $1,000 fine and one or more of the following:
Five days to one year in jail.
30 to 90 days community service.
Driver license denial/revocation for a minimum of one year.
License plate confiscated.
Vehicle immobilization 90 to 180 days unless vehicle is forfeited.
Possible vehicle forfeiture.
Six points on driver record.
$1000 Driver Responsibility Fee for two consecutive years.
OWVI (Operating While Visibly
Impaired)
$200 to $1,000 fine and one or more of the following:
Five days to one year in jail.
30 to 90 days community service.
Driver license denial/revocation for a minimum one year.
License plate confiscation.
Vehicle immobilization 90 to 180 days unless vehicle is forfeited.
Possible vehicle forfeiture.
Four points on driver record.
$500 Driver Responsibility Fee for two consecutive years.
THIRD OFFENSE
(Any combination, third offense
within lifetime; felony)
OWI (Operating While Intoxicated)
$500 to $5,000 fine and either:
One to five years imprisonment.
Probation with 30 days to one year in jail.
60 to 180 days community service.
Driver license denial/revocation for a minimum five years.
License plate confiscation.
Vehicle immobilization one to three years unless vehicle is forfeited.
Possible vehicle forfeiture.
Registration denial.
Six points on driver record.
$1000 Driver Responsibility Fee for two consecutive years.
OWVI (Operating While Visibly
Impaired)
$500 to $5,000 fine and either:
One to five years in prison.
Probation with 30 days to one year in jail.
60 to 180 days community service.
Driver license denial/revocation for a minimum of five years.
License plate confiscation.
Vehicle immobilization one to three years unless forfeited.
Possible vehicle forfeiture.
Registration denial.
Four points on driver record.
$500 Driver Responsibility Fee
*The above does not include alcohol
and drug related driving offenses that result in death or serious injury.
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