Super Lawyers
Justia Lawyer Rating
Best Lawyers
The Best Lawyers in America
Avvo Clients' Choice
Avvo Rating 10.0
National College for DUI Defense
National Collage for DUI Defense
American Council Of Second Amendment Lawyers

Birmingham DUI Laws

In the State of Michigan, instead of DUI, the term operating while intoxicated is used. The definition of intoxicated is being materially and substantially affected in the ability to operate a motor vehicle. There are a couple of ways in which a person can be intoxicated. One of them is what they used to call the common law, drunk driving. That is having an unauthorized bodily alcohol level or UBAL for short. That means that the person had alcohol in their system above 0.08.

There is another way to go about it and that is OUIL or operating under the influence of liquor. That requires that a person has some level of impairment they are materially and substantially affected. Either one of those two theories can come into play when determining whether somebody is intoxicated under the statute because the Birmingham statute follows the statute and the Birmingham DUI laws of Michigan, specifically MCL 27.625, Subsection 1, which is the drunk driving law in the State of Michigan. Speak with a professional attorney to learn more.

Enforcing Laws

One of the unfortunate things about drunk driving in Birmingham is that the court that oversees Birmingham is the Bloomfield Hills Court. In that court, there are three judges. In two of the judges’ cases, a drunk driving, even a first offense, will result in jail time. It is enforced in that court much more heavily than across the state.

It is important if a person is charged with an OWI or DUI in Birmingham that the person contacts an attorney immediately. A person does not want to go in front of one of those judges at sentencing and, a person does not get to choose which judge they get; it is determined by blind draw.

Seriousness of Charges

They are taken very seriously. The police officers want to make sure that the public is protected. It is also a more affluent area. To keep it that way, the police officers make sure that they enforce the Birmingham DUI laws and the standards so that the community does not suffer. That is what one of the judges has indicated. Furthermore, even the prosecutors and the judges want to make sure that the law is being carried out effectively. They are very big on protecting the local population and making sure that standards remain high.

Any kind of accusation of drunk driving is going to be taken extremely seriously by all the parties involved, including the police officers, prosecutors, and judges. That is very big as far as trying to determine the final outcome of a case.

Local Nuances

As far as the local Birmingham DUI laws, it is based on the Michigan State Statute 257.625-1, which is drunk driving, similar to everywhere across the state. Most cities and municipalities adopt the Motor Vehicle Code. The nuances that a person faces in Birmingham are based on where the stop occurs. It is a very small area comparative, so there are sometimes other police agencies involved. A person will want to make sure that they are doing their best to try and get cases transferred to the other venues to avoid the judges in Birmingham and in the Bloomfield Hills area.

Additionally, whenever a person is looking at Birmingham, they have to be aware of how to go through obtaining records, making sure that they are getting all the police and car videos, the booking videos, and any videos that may be generated out of Oakland County Jail, because most people are transferred from the Birmingham area to the Oakland County Jail. Also, a person will want to make sure that they understand who the prosecutor is, who the judges are, and all of the potential issues dealing with those people.

Handling DUI Cases in Birmingham

The cases from Birmingham are handled by the city attorney. The attorney usually at court is Mary Kucharek. She is very big on making sure that people who violate the Birmingham DUI laws are punished accordingly. That means that although most court deals are given freely, in this court it may take a lot of time and effort to receive even a basic deal on a drunk driving. She also knows what the judges’ punishments will be, likely jail time on even a first offense, and will make sure that she uses that to her advantage when attorneys are negotiating.

Client Reviews
★★★★★
Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
★★★★★
Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
★★★★★
The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.