If you have recently been arrested for DUI in Rochester Hills, you may feel overwhelmed and stressed as you await the next step. During this stressful time, it’s important to be aware of your legal rights and what to expect from the legal process.
You should strongly consider consulting a seasoned DUI lawyer with experience representing other DUI clients in the district where you were charged. Criminal defense attorney Shaun Marks has experience representing clients in Rochester Hills and other areas of Michigan. Although Shaun practices in a wide variety of criminal law matters, he is widely regarded as an expert in DUI defense and driver’s license restoration.
You can learn more about your legal rights following a Rochester Hills DUI arrest by contacting Rochester Hills DUI lawyer Shaun R. Marks for a free consultation.
What Are the Penalties For DUI in Michigan?
In Michigan, it is illegal to drive with a BAC of .08 or higher. For drivers under the legal drinking age of 21, the limit is a BAC of .02. Michigan also has a high-BAC law that applies more serious penalties to those convicted of driving with a BAC of .17 or higher. Although BAC levels are used in most DUI arrests, you can also be arrested with a BAC under the legal limit if you show signs of impairment behind the wheel.
Michigan classifies drunk driving offenses under the offense of “operating while intoxicated”, or OWI. If you are convicted of a first-time OWI offense with a BAC of under .17, you may face the following penalties:
- A fine of up to $500
- A jail sentence of up to 93 days
- Up to 360 hours of community service
- A driver’s license suspension of up to 180 days
- 6 points on your driver’s license
First-time Michigan OWI offenders with BACs of .17 or higher are subject to the following enhanced penalties:
- A fine of up to $700
- Jail sentence of up to 180 days
- Up to 360 hours of community service
- Driver’s license suspension of up to one year
- 6 points on your driver’s license
- Mandatory completion of an alcohol treatment program
- Mandatory installation and use of an ignition interlock device for those who want to receive a restricted driver’s license.
When Do You Need to Hire a DUI Lawyer?
Although you have the legal right to represent yourself in court, you should strongly consider consulting with an experienced DUI lawyer as soon as possible following an arrest. If you hire a lawyer early in the process, they will have more time to investigate the case and develop a strong legal strategy based on the circumstances. This could include a defense to the charges, negotiations for reduced charges, or a plea agreement with prosecutors.
Without legal representation, you could fail to discover key evidence that could be used to argue the charges against you in court. In addition, as a defendant, you may struggle to negotiate plea agreements on your own.
How Can a Rochester Hills DUI Lawyer Help?
A Rochester Hills DUI lawyer can provide valuable legal experience through all phases of the legal process, from the arrest to post-trial procedures like driver’s license restoration and appeals. Here are some of the main ways a DUI lawyer can help.
Investigating the Arrest
During a consultation with a DUI lawyer, it’s important to provide as many details as possible about the arrest. Your lawyer can evaluate the arrest and determine whether the police followed protocols or if your legal rights were violated. For example, if the police did not have probable cause or there was insufficient evidence, your lawyer could attempt to get the charges dropped.
Identifying Potential Legal Defenses
Depending on the circumstances, one or more legal defenses could apply to your case. Some of the most common defenses used in Rochester Hills DUI cases include:
- Issues with breathalyzer tests or field sobriety tests
- Illegal vehicle stops
- Lack of evidence that the suspect was in control of the vehicle
Developing a Legal Strategy
After evaluating your case, your attorney can help devise a legal strategy based on the circumstances of your arrest. In some cases, this strategy may involve fighting the charges in court. In others, the best strategy may be reaching a plea agreement with the prosecution.
Most DUI cases end with plea bargains, which can be initiated by the prosecution or the defense. In exchange for a guilty plea, the prosecution may agree to a reduced sentence. Your lawyer can negotiate the terms of a plea bargain on your behalf and keep you updated throughout the process, along with providing legal guidance to help you make a decision.
Can You Get an OWI If You Were Not Driving?
Yes, you can be arrested on OWI charges in Michigan even if you were not driving at the time. For example, if police found you sleeping in a parked car and determined that you were intoxicated, they could charge you with OWI. Under Michigan law, anyone who has control of a vehicle while over the legal BAC limit may be charged with OWI.
What Happens If You Refuse a Breathalyzer in Michigan?
Michigan police may ask you to submit to one of two different types of breathalyzer tests: a preliminary breath test (aka a roadside breath test) or a DataMaster breathalyzer test. Although you have the legal right to refuse a breathalyzer test in Michigan, you may face consequences for doing so.
You have the right to refuse a preliminary breathalyzer test. Police ask suspects to agree to these tests, as a failure will provide probable cause for an arrest. Refusing the test is considered a civil infraction, and you may face fines for doing so.
If you do refuse a roadside test, the officer may bring you to the police station for a DataMaster breathalyzer test. The officer may also request a blood test. These tests are much more accurate than roadside tests, although the results are not 100% reliable. If you refuse a DataMaster test or blood test, your driver’s license will be suspended for up to two years and six points will be added to your driver’s license. The police may also seek a search warrant that requires you to submit to a blood test.
How Can I Get My Driver’s License Restored After an OWI?
If your driver’s license has been suspended following an OWI conviction in Michigan, you may have options for getting it back.
If your license was suspended after a first-time OWI conviction, in most cases you can pay a reinstatement fee to obtain your license. If you have prior OWI convictions, you will most likely need to apply for reinstatement with the Michigan Department of State. You can apply for a license reinstatement hearing by submitting the following documents:
- Completed and signed hearing request application
- Community support letter from 3-6 friends, family members, or coworkers
- Substance abuse evaluation administered by a qualified evaluator
- Lab report from a 12-panel urinalysis drug screen
Contact Rochester Hills DUI Lawyer Shaun Marks
If you are facing OWI charges in Michigan, dedicated Rochester Hills DUI attorney Shaun R. Marks is here to help. Shaun can represent you through each step of the criminal justice process. In addition, Shaun has a 94% success rate in driver’s license restoration cases. Contact our firm today to learn more about your options in a free consultation.
