Getting arrested for DUI in Genesee County can have serious consequences, including potential jail time, fines, and license suspensions. This is why those who are facing drunk driving charges in Flint should consider consulting with an experienced Flint DUI lawyer. A lawyer with experience representing DUI clients in the district in which you have been charged can provide valuable legal guidance through each step of the legal process, from the time you are arrested to after the conclusion of the case.
Each case is unique and the best legal path will depend on the particular circumstances of the case, but a seasoned DUI lawyer can attempt to get charges reduced or dismissed, arrange for a plea deal, represent the client at trial, seek an expungement, and assist the client with restoring a suspended driver’s license following a conviction or guilty plea.
Flint criminal defense attorney Shaun Marks has been representing those charged with OWI for over 27 years. You can learn more about what to do after getting arrested for DUI in Flint or the surrounding area by contacting the Shaun Marks law office today for a free consultation.
What is the Difference Between DUI and OWI?
While DUI may be a universally recognizable acronym for driving under the influence, the legal phrasing for DUI offenses varies from state to state. In Michigan, offenses related to driving under the influence are known as operating while intoxicated, or OWI. Michigan state law recognizes three types of OWI violations:
- A driver’s ability to safely operate their motor vehicle was significantly affected by alcohol, drugs, or another intoxicant.
- A bodily alcohol content (BAC) of at least 0.08, as determined by a chemical test.
- Bodily alcohol contents over 0.17 are deemed “High BAC” and subject to more serious charges and penalties.
DUI may be the more common term for offenses related to driving under the influence, but in Michigan, those who are accused of driving under the influence are charged with OWI. If you have been charged with OWI in Flint or elsewhere in Genesee County, you can learn more about how to approach your case by contacting an experienced OWI lawyer.
What are the Penalties for OWI in Michigan?
The severity of penalties for OWI convictions varies depending on the circumstances of the case. Those with previous convictions are subject to harsher penalties, along with those who registered a BAC of 0.17 or higher. Additionally, a felony OWI charge may be filed for a third conviction in the driver’s lifetime, a conviction involving a death, or a conviction for an OWI that caused serious injuries to another person.
First-time offenders for OWI in Flint will be subject to the following penalties if their BAC was 0.08 or higher but less than 0.17:
- Mandatory six-month driver’s license suspension, with possible eligibility for a restricted license after 30 days.
- A jail sentence of up to 93 days.
- Up to 360 hours of community service
- A fine between $100 and $500
- The court has the option to order vehicle immobilization or ignition interlock requirements.
- Six points are added to the defendant’s driving record
An OWI with a High BAC (Super Drunk) is a first offense involving a BAC of at least 0.17 and will be subject to the following penalties in the event of a conviction:
- A maximum jail sentence of 180 days
- Fines between $200 and $700
- As much as 360 hours of community service
- A one-year driver’s license suspension with eligibility for a license with restrictions after 45 days, but only if an ignition interlock device is installed on every vehicle the offender owns or plans to use.
- Offenders who operate a vehicle without a mandatory ignition interlock device may have their license plates confiscated.
- Convictions for driving a vehicle without a properly installed ignition interlock device carry a penalty of mandatory vehicle immobilization.
Restoring a Suspended Driver’s License After an OWI in Flint
A driver’s license suspension can cause serious difficulties in your personal life by making it difficult to commute to work and continue making a living. Fortunately, an experienced Flint OWI lawyer like Shaun Marks can help clients work towards restoring their driving privileges following a suspension for driving under the influence. Attorney Marks has an impressive track record in restoring driver’s licenses after OWI suspensions with a success rate of 94%.
In order to restore a suspended driver’s license, you and your lawyer will need to file an appeal with the Michigan Secretary of State’s Office of Administrative Hearings and Oversight (OHAO). A state hearing officer from the OHAO will evaluate the appeal. Applicants are required to provide evidence that they have controlled their alcohol problem and that they are likely to remain in control of the problem.
A Flint DUI lawyer can be useful for this process, as lawyers with driver’s license restoration experience understand how the process works and what type of evidence the OHAO will be looking for. An attorney can help their client meet all of the requirements and potentially improve their chances of recovering their driving privileges.
Can an OWI Conviction be Expunged in Genesee County?
While a criminal record can cause complications like difficulty finding employment, the state of Michigan allows one-time OWI offenders to remove the conviction from their record through expungement. This is a relatively new option, as it was passed into law in late 2021 and the state began accepting applications in February 2022.
Those with OWI convictions are required to wait for at least five years after the completion of their sentence before they can apply for expungement. Additionally, only non-violent OWI convictions that did not involve injuries or deaths are eligible for expungement.
If you are seeking an OWI expungement, Flint OWI lawyer Shaun Marks can help guide you through the process and offer legal guidance for expungements in Genesee County and surrounding counties like Oakland County, Lapeer County, Shiawassee County, and Saginaw County.
Can You be Charged with OWI in Michigan With a BAC Below .08?
You cannot be charged with OWI in Michigan for a BAC below .08, but the police may charge you with an offense called operating while visibly impaired (OWVI) if you appear to be intoxicated to the point that your driving ability is likely impaired. A conviction for OWVI carries lesser penalties than an OWI conviction. Defense lawyers often attempt to get OWI charges reduced to OWVI when negotiating plea agreements.
Can You Refuse a Breathalyzer Test in Michigan?
A police officer cannot force you to take a breathalyzer test unless they have a warrant. While you have the right to refuse the test, Michigan law levies an automatic one-year license suspension against any driver who does so. Six points will also be added to your driving record for refusing a chemical test.
Additionally, refusing to take a chemical sobriety test does not prevent an OWI charge. The officer may obtain a warrant for a mandatory chemical test or blood test if they believe there is probable cause that you have been driving under the influence.
Can You be Charged with OWI for Prescription Medications?
OWI charges apply to both alcohol and drugs, including prescription medications. If you have taken a medication or other drug-like marijuana that causes impairment or intoxication and are pulled over, you could be charged with OWI. It is critical to be aware of any intoxicating effects and avoid driving if you have taken a medication or drugs that can cause impairment.
How Much Does a DUI Lawyer Cost in Michigan?
In Michigan, the costs associated with hiring a DUI lawyer can vary depending on several factors. Typically, the fees are influenced by the lawyer’s experience, reputation, and the complexity of the case. The specific details of the DUI charge, such as the blood alcohol content (BAC) level, any prior convictions, and the circumstances surrounding the arrest can also impact the overall cost.
A standard range for legal fees for a first-offense Michigan DUI case can start from approximately $1,000 to $5,000. Felony DUI or OWI charges are substantially more. It’s important to recognize that this is a general estimate. Some highly experienced attorneys may charge significantly higher fees, especially if the case involves aggravating factors, such as property damage, injuries, or deaths. Legal costs can also increase if the case goes to trial, as this requires more extensive preparation and courtroom representation.
While the financial aspect is a key consideration, it is equally important to prioritize the quality and expertise of your legal representation. Hiring a skilled DUI lawyer can significantly impact the outcome of the case, with the potential to minimize penalties, reduce fines, and secure a favorable plea bargain. It is advisable to consult with a reputable Michigan DUI lawyer to understand their fee structure and the services they provide to ensure effective legal representation within your budget.
Should You Hire a DUI Lawyer?
When facing a DUI charge in Michigan, hiring a lawyer can potentially impact the outcome of your case. While you have the right to represent yourself in court, navigating the complexities of Michigan’s DUI laws without legal guidance can be challenging. Hiring an experienced Michigan DUI lawyer can provide several key advantages.
First and foremost, a skilled attorney specializing in DUI cases can provide a comprehensive understanding of the legal process and ensure that your rights are upheld throughout the proceedings. They can provide valuable guidance on the complexities of the legal system, helping you comprehend the charges against you and the potential consequences. A knowledgeable lawyer can also use their expertise to assess the evidence, identify any procedural errors, and develop a strong defense strategy based on the specific circumstances of your case.
Additionally, DUI lawyers can often negotiate with prosecutors for reduced charges or plea bargains, potentially minimizing the penalties associated with the DUI offense. They can represent you in court, advocating for your best interests and striving to secure a more favorable outcome. Given the serious implications of a DUI conviction in Michigan, enlisting the services of a reliable DUI lawyer is crucial in protecting your legal rights and securing the best possible resolution.
How Can I Beat a DUI in Michigan?
To effectively challenge a DUI charge in Michigan, thorough preparation and a strategic approach are vital. A DUI lawyer can scrutinize the details of your arrest, including the validity of the traffic stop, the administration of any field sobriety tests, and the accuracy of the breathalyzer or blood test results. Inaccuracies or procedural errors can serve as strong grounds for a defense.
Retaining the services of a seasoned DUI lawyer in Michigan is essential. A proficient attorney can carefully examine the evidence, identify any weaknesses in the prosecution’s case, and build a strong defense strategy tailored to your specific circumstances. They can challenge the reliability of chemical tests, question the credibility of witnesses, and challenge the legality of any search and seizure procedures. Additionally, your lawyer can negotiate with the prosecution for a plea bargain or explore alternative sentencing options.
It is crucial to fully cooperate with your lawyer and provide them with all pertinent information and details related to your case. Maintaining open communication and following your lawyer’s guidance can significantly strengthen your defense and improve the prospects of achieving a favorable outcome in your DUI case.
How Long Does a DUI Stay On Your Record in Michigan?
In Michigan, a DUI stays on your record for life. First and second DUIs are charged as misdemeanors, while third and subsequent DUIs are felonies. If you have a DUI on your driving record, 6 points will be added to your driver’s license and your insurance rates may be affected.
These convictions remain on your driving record permanently, but some individuals may be eligible to expunge a DUI conviction from their criminal record. Michigan implemented a new Clean Slate Law in April 2023, which automatically expunges certain types of convictions without the need to file an application. However, DUI convictions are not automatically expunged, but may still be expunged with an application, if you are otherwise eligible.
Do Out-of-State DUI Convictions Show Up on Michigan Driving Records?
Yes, DUI convictions from other states are added to your Michigan driving record, along with points based on Michigan’s point system. Michigan and most other states are part of the Driver License Compact (DLC) – an agreement that facilitates the sharing of information between states regarding traffic violations and license suspensions. Out-of-state convictions can appear on your Michigan driving record and may lead to various consequences, including higher insurance rates, license restrictions, and possible employment difficulties.
If you have been convicted of a DUI offense in another state, understanding the Driver License Compact is essential. An experienced DUI lawyer in Michigan can provide valuable insights into the potential impact of an out-of-state DUI conviction and offer strategies to mitigate any adverse effects.
Can You Challenge the Results of a Breathalyzer Test in Michigan?
A variety of testing methods can measure the blood alcohol content (BAC) in a person’s body, including breath, urine, and blood tests. Breath tests are the most common due to their ease of administration, minimal physical intrusion, and applicability for non-medically trained personnel. Exceeding the state’s legal BAC limit does not automatically guarantee a DUI charge and conviction. Potential flaws in equipment and operational procedures can influence test results.
While preliminary breath tests (roadside tests) administered by police are typically inadmissible in court due to potential inaccuracies, secondary tests conducted at the jail or police station are deemed more reliable. Nevertheless, these results can still be contested if there is evidence of improper administration or calibration of testing equipment. A skilled DUI defense attorney can scrutinize the administration process, detect inaccuracies, and challenge any flawed DUI charges.
Contact a DUI Lawyer Near Me
If you are facing OWI charges in Genesee County or a nearby county, a strong legal defense is critical. Flint DUI lawyer Shaun Marks has more than 27 years of experience in representing defendants in Genesee County OWI cases, including driver’s license restoration and expungement. Contact Attorney Marks today for a free consultation regarding the circumstances of your case.
