Articles Posted in OWI

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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.

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A Barone Defense Firm CDL lawyer knows how important a CDL license is to your livelihood.
If you hold a Commercial Driver’s License (CDL) and face a drunk driving conviction in Michigan, the consequences can be severe and far-reaching. Understanding the potential impacts on your CDL is crucial for safeguarding your livelihood and planning your defense strategy.  The exact nature of these implications will depend on your prior criminal record, specifically prior OWI Michigan and other states’ convictions, as well as the nature of your current drunk driving conviction.

CDL Disqualification Periods

A conviction for OWI leads to a mandatory disqualification of your CDL. The length of disqualification depends on the nature of the offense and the timing of previous offenses:

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Driving a vehicle while intoxicated is a serious criminal offense across the United States. In the United States, and in no other nation, this crime is not always called a “DUI,” but D.U.I. is America’s most widely used abbreviation for this common driving crime.

Broadly stated, the crime best known as DUI (driving under the influence of intoxicants) has separate and distinct statutes in each. All 50 states and the District of Columbia created their own laws, with no two states tracking another exactly on what constitutes the evidence needed for a DUI conviction.

OWI vs DUI in Michigan - What Is the Difference?
This seemingly schizophrenic roll-out of statutes has important and fascinating historic roots, that have occurred since the early 1900s. For example, forensic breathalyzers were only invented and deployed in the late 1930s. Before that, an officer had to obtain a blood alcohol content test in any case that needed that proof of intoxication (e.g., a crash occurred, and the suspected drunk driver was not conscious).

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Understanding the Criminal Arraignment in Michigan: What You Need to Know

The criminal arraignment is the first formal court appearance in your case, marking the beginning of the legal process. In Michigan, as in all states, you have an absolute right to an arraignment. This right is deeply rooted in history, reflecting the foundational principles of justice in the United States. The U.S. Constitution’s Sixth Amendment guarantees that “in all criminal prosecutions, the accused shall enjoy the right to be informed of the nature and cause of the accusation.” This safeguard ensures transparency and fairness, allowing individuals to know the charges they face and begin preparing their defense.

Why Do We Have a Right to an Arraignment?

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Yes, if you smoke enough marijuana to become impaired, and drive after, you can be charged and eventually convicted for intoxicated driving in Michigan. In fact, every month, more of Michigan’s drivers are being arrested for driving under the influence of marijuana. There are many reasons for this increase in DUI marijuana cases.

Michigan OWI marijuana lass make it illegal to smoke pot and drive.
Increasing numbers of Michigan’s citizens are using marijuana now that it is legal in the State for both recreational and medicinal use. This includes previous “illegal” users of the drug but also includes new users of the drug, or those who last used sometimes decades ago. Now that the drug is legal, the stigma of its use is largely gone, and those in their 40s, 50s, 60s and even 70s+ are returning to its use.

Navigating OWI DUI Intoxicated Driving Laws under the Michigan Medical Marihuana Act

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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.
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A drunk driving conviction has lifelong consequences. Long after your driver’s license has been restored, you’ll still have the DUI conviction on your permanent record. The good news is that the expungement laws in Michigan for DUI cases have recently been changed.

Michigan DUI expungement lawyer Patrick Barone leads the Barone Defense Firm and is partners with some of the best DUI attorneys who handle the toughest DUI cases.
This means your conviction involving an operating while intoxicated OWI offense can now be removed. And this removal or expungement comes with many benefits. Many kinds of DUI convictions are eligible, sometimes even those drunk driving convictions involving injury or death can be expunged.

What Does DUI Expungement Actually Mean?

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If you’ve been arrested for DUI in Michigan, you’re likely feeling anxious and uncertain about what comes next. The penalties for a DUI conviction can be severe, but knowing what to expect can help you prepare.

In a Michigan operating while intoxicated case, also called OWI/DUI, the penalties will be based on the severity and nature of the offense, and your prior record. Possible penalties include jail time, license suspension or revocation, fines, costs, community service and probation.

Understanding DUI Penalties in Michigan

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If you were arrested for OWI in Michigan the police may have tested either your breath or blood for the amount of alcohol. If your blood level is above the legal limit of .08 in Michigan, then you can end up losing your driver’s license and could even end up going to jail.

Your blood alcohol content (BAC) will be reported in a report. You can get your DUI blood test results by contacting the police department that arrested you for drunk driving. They may be unwilling or unable to provide you with the results.

If you can’t get your DUI blood test results from the police, then you’ll have to find out where the blood was tested, and contact the lab. Most chemical testing for a DUI involving alcohol or drugs or will tested by the Michigan State Police Forensic Lab in Lansing. If you were arrested for OWI in Oakland County Michigan, your blood was probably tested by the Oakland County Sheriff’s forensic lab.

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Why Does Michigan’s Law of Implied Consent Exist?

The first DUI laws went in the books all the way back in the 1950s when cars where just starting to become very common. Back then, there were no breath tests, so that law enforcement tool in a DUI investigation was not available to police officers. That only happened ten years later, in the 1960s. Technology has improved a lot since then, and the law has changed too, because the law of implied consent is younger than the first breath tests. Back in the “olden days” people could refuse a breath test in a drunk driving case without an possible sanction. That is no longer true, and today, there are serious consequences if you unreasonably refuse to to a breath test.

The Michigan Law of Implied Consent

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