Articles Posted in DUI Penalties

How to saty out of jail if you are charged with drunk driving in Michigan
Even a person convicted of a first offense DUI/OWI in Michigan with no prior record faces the possibility of up to 93 days in jail, and judges in some courts are well known for putting first-time offenders in jail.  Also, repeat drunk drivers may face up to five years in prison for felony drunk driving, and where a death or serious injury occurs, the offender may be looking at 15 years or more behind bars.  Even second DUI offenders face a minimum mandatory 5-day jail sentence, while felony drunk drivers are looking at a minimum of 30 days to a year.

You Can End Up in Jail Even Before Your Michigan OUI Case Begins

DUI Michigan convictions aren’t the only reason people may face jail time. Before the case even gets underway, and while you are still presumed innocent, some courts set extremely high cash bonds that are simply out of reach for many offenders. If the bond is too high, then you stay in jail until the bond is posted. Also, in addition to the money posted, you will be ordered to comply with certain bond conditions.

First, our OWI law firm in Michigan will answer the top 9 questions about the OWI meaning. Other than one letter, little difference between OWI and DUI exists.

A Michigan first offense OWI charge carries severe conviction penalties including jail time community service hours, court fines, and possibly job loss. Look for an OWI lawyer near me whose legal services include trial experience and plea bargaining strategies.

  1. What is OWI, in the State of Michigan? A first-offense OWI in Michigan is a crime categorized as a misdemeanor in Michigan, unless the number of offenses reached a 3rd OWI in Michigan. Our state still uses different acronyms for being over the legal limit (OUIL).
  2. What’s the difference between DUI and OWI meaning? Each acronym stands for the same general crime, drunken driving, or drugged driving. Each state’s legislature names its laws on impaired driving or intoxicated driving. Generally, DUI is for “driving under the influence.” O.W.I. stands for operating while impaired in Michigan.

Being arrested for drunk driving is an unexpected and often traumatic experience. Individuals charged with operating while intoxicated are often stigmatized and portrayed as an irresponsible, dangerous criminal. Many arrested Michiganders think of how this will affect their driving record, but the impact of being convicted for intoxicated driving extends far beyond that trivial concern.

The truth is that an average of over 2000 people per day in America are faced with these motor vehicle drunk driving cases. Many DUI law firms claim to be the top “operating while drunk” lawyers but clearly lack the consensus legal industry credentials to back up such claims.

Plus, although the acronym used in Michigan is O.W.I., no major distinctions exist between DUI vs OWI in our state. All the best driving while Michigan lawyers handling OWI cases are aware of this.

The chart shown below provides a quick view of the various Michigan DUI penalties. A third OWI offense in your lifetime will cause a felony Michigan 3rd OWI offense, if convicted.

This infographic shows Michigan DUI conviction penalties ranging from jail time to probation, community service hours, and driver's license suspension. Even a Michigan first DUI carries harsh sentencing even though it is most likely a misdemeanor charge.
You must officially request an administrative license suspension hearing within 14 days of your arrest date to avoid having your MI driver license suspended even before your criminal drunk driving case concludes in a criminal court.. Michigan OWI lawyer Patrick Barone -can help you file this important request by the due date.
Protect Your Right to Drive! Failing to take appropriate action within fourteen (14) days after your arrest for DUI in Michigan can cause you to lose all ability to drive in the State of Michigan.

Why not let us help you demand an administrative license suspension hearing? Obtain more legal information about saving your driver’s license NOW before it’s too late, since this filing deadline cannot be extended.

Pleading-guilty-in-a-michigan-dui-case-300x225The legal BAC for Driving in Michigan is .08. This means that if you drink enough alcohol to reach a blood alcohol concentration (BAC) of .08 grams of alcohol per 210 liters of breath or 100 milliliters of blood, then you should not be operating a motor vehicle.

How Many Alcoholic Beverages are Needed to Reach .08 BAC?

As a very general rule of thumb, each standard drink can add .02 to your blood. This means about four standard drinks are need to raise the alcohol in your system to above the legal alcohol limit to drive.

By way of introduction, Michigan statutory law calls drunk driving “operating while intoxicated” (OWI). Drinking and driving is not against the law. To violate Michigan’s OWI law a person must be driving under the influence of drugs or alcohol. If you operate a vehicle after drinking enough alcohol to become intoxicated, then you’ve committed the offense of drunk driving. In other words, DUI and OWI are essentially the same thing.

Michigmichigan drunk driving field sobriety testan law provides that for every person convicted of drunk driving must be subjected to substance use evaluation prior to sentencing. More specifically, Michigan Compiled Laws sec. 257.625b indicates that such individuals must undergo a screening and assessment to determine if the person would benefit from “rehabilitative services,” which may include such things as alcohol or drug education or treatment programs.

What is a NEEDS Survey?

Now that you understand the plea bargaining process in Michigan and how to prepare for court when pleading guilty, let’s now consider exactly what happens in court when you plead guilty. During the plea taking process the court will be concerned with two things. First that you understand the constitutional rights that you are giving up by pleading guilty, and second, that you are freely, knowingly and understandingly admitting to and acknowledging that you have committed the crime to which you are pleading guilty.

To confirm that you are fully aware that by pleading guilty you are giving up all your constitutional rights associated with trial, the judge will ask you a series of questions almost all of which are answered by the single word “yes”. So, for example, the judge will ask you if you understand that you have an absolute right to trial, to which of course your answer is “yes.” The judge will ask you if you understand that pleading guilty you are giving up your right to remain silent, to which again, the answer is “yes.” There are sometimes a few “no” questions as well, such as “have any promises been made other than those stated on the record, to get you to plead guilty.” The answer to the question so certainty be “no.” Another no question might be “have there been any threats, compulsion or duress used to get you to plead guilty.” Again, the answer should definitely be no. Once the court is satisfied that you are freely knowingly and understandingly giving up or waiving all your constitutional trial rights, and that no promises or threats have been made to induce the plea, then the court will move on to a establishing the factual basis for plea.

What Is a Factual Basis for a Plea?

Michigan Criminal Defense Lawyer Explains Plea Bargaining

Attorney Patrick Barone of Barone Defense Firm is a criminal defense law firm near me that represents clients accused of sex crimes, whereby if convicted, they would probably have to add their name to Michigan's se offender registry (SORA).If you are facing criminal charges, the criminal justice system seem overwhelming. It doesn’t matter if you’re facing drunk driving, drug charges, sex crimes or white collar crimes in the State of Michigan, the same system of felony criminal procedures apply.

Many Michigan DUI charges and other criminal cases like sexual assaults, child pornography and drug crimes, are resolved through a process called plea bargaining. A plea bargain is what happens after your attorney discusses your case with the prosecutor and explains why it is appropriate to amend or reduce the charges you are facing with the court. Sometimes the reduction in charges to a lower criminal offense will lessen the impact on your drivers license and possibly jail time as well.

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Early Discharge on OWI Probation in Michigan

The Michigan DUI Lawyers at the Barone Defense Firm have be advising our clients in Oakland County and throughout the State of Michigan, that if you are convicted of operating while intoxicated (OWI) then you should expect to be placed on a term of probation.

While on probation, you will have a variety of conditions of probation and these will be based in part on whatever “rehabilitative goals” are set by the Judge.

Immediately upon your arrest for DUI in Michigan the arresting officer notifies the Secretary of State. This happens when the arresting officer destroys your plastic driver’s license and prepares a DI-177, which is entitled “Breath Blood or Urine Report Michigan Temporary Driving Permit.”  This document becomes your paper license and you will use it to drive until you are convicted or until your case is dismissed.  A DI-177 is only prepared if you agree to take a breath or blood test when asked by the arresting officer.

If you refused to submit to a breath or blood test then the officer will prepare a DI-93, which is entitled “Report of Refusal.” This too becomes your paper license but is only good for 14 days or until after you win your appeal hearing. Because you are not allowed to refuse a breath or blood test your license will be suspended for a year unless your Michigan DUI lawyer demands a hearing within this 14-day period.

Your Driving Record Shows Your DUI Arrest Even Before Conviction

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