Beyond the legal ramifications, being charged with a DUI can be emotionally distressing, leaving you overwhelmed and uncertain about your future. As criminal defense lawyers in Lansing, we understand that facing a drunk driving charge profoundly impacts your life, which is why we approach each case with compassion.
If you were involved in a drunk driving accident while operating a vehicle, the DUI/OWI defense attorneys in Lansing, MI, could protect your future. Call White Law PLLC today to discuss the legal options for building a strong criminal defense.
Understanding Michigan OWI Laws
While the legal term for drunk driving used under Michigan law is operating while intoxicated (OWI), many still refer to it as driving under the influence (DUI); both terms define the same action.
Operating a vehicle while under the influence is considered a criminal offense according to Michigan law. If a driver has a blood alcohol concentration (BAC) of .08 or higher, they could face criminal charges. Furthermore, if the motorist is under 21 years old, they cannot legally drive with a BAC of .02.
The Difference Between OWI and OWVI
The legal framework governing drunk driving in Michigan is fairly complex. However, your case will likely fall under one of the two main categories, operating while impaired (OWI) and operating while visibly impaired (OWVI).
An OWI is considered the more serious of the two and can result in harsher penalties. You could be charged under the following circumstances:
- Driving under the influence of alcohol or a controlled substance (illegal drugs)
- Operating a vehicle with a BAC of .08% or higher
- Possessing controlled substances while behind the wheel
On the other hand, OWVI refers to operating a vehicle under the influence of alcohol or drugs to the extent that it visibly impairs the individual’s ability to operate the vehicle safely. While OWVI is considered a lesser charge than OWI, it can still lead to significant legal consequences.
As Michigan criminal defense lawyers, we understand how state laws may impact your case and will safely navigate the legal complexities of your defense. However, we also aim to inform clients about their rights and options throughout the process. Our goal is to provide a strong defense and empower clients with knowledge and guidance.
Your Fight Is Our Fight
OWI Penalties in Michigan
Michigan imposes a high-BAC law with extra harsh penalties for drivers with a BAC of .17 or more. Nevertheless, any driver displaying visible signs of intoxication could be arrested.
Drunk drivers and motorists possessing any amount of Schedule 1 controlled substances face the same penalties and fines. However, there is an exception to the rule. Individuals with a valid medical marijuana card and marijuana in their system should not face any penalties unless the police can show that their driving ability is impaired.
The following table illustrates the penalties you may face depending on the severity of your offense and any precedent:
First Offense | Second Offense | Third Offense | |
Jail Time | Jail time up to 93 days. 180 days if BAC is .17 or higher | Between five days and a year | One to five years If community service is ordered, jail time decreases to 30 days to one year |
Fines | $100-$500 $200-$700 if BAC was .17 or higher $100-$300 for OWVI | $200-$1,000 | $500-$5,000 |
Community Service | Up to 360 hours | 30-90 days | 60-180 days |
Vehicle Immobilization | Possible forfeiture or car immobilization for up to 180 days. | 90-180 days (if not forfeited) | one-three years (if not forfeited) |
We’re not just lawyers. We’re passionate advocates who will ensure that your voice is heard and your rights are protected.
How To Build a Strong Defense Against DUI Charges
The criminal defense team at White Law PLLC possesses the knowledge and experience necessary to construct a strong defense against DUI charges. We will thoroughly analyze the circumstances surrounding the arrest, examining every aspect of the case to identify potential weaknesses and inconsistencies.
Our lawyers may challenge the legality of the traffic stop and the validity of the evidence obtained:
- Reasonable suspicion: The police must have had a valid reason to pull over the vehicle before they can arrest a driver for DUI. If we can prove that there was no reasonable suspicion, it could lead to the dismissal of your case.
- Breath-alcohol test: Certain technicalities and factors must be considered when administering the test. If we can prove that the testing procedure was not followed correctly or if the results were inaccurate, this could lead to the dismissal of your case or a reduction in penalties.
- Field-sobriety test: The police must ensure that their instructions are clear. If the instructions were not clear enough, this could lead to a reduction in penalties or even the dismissal of your case.
- Urine test: If we can prove that procedures were not followed correctly or if the results were inaccurate, this could lead to a reduction in penalties or even the dismissal of your case. Additionally, we may challenge discrepancies between the results of different tests and whether they were accurately reported.
- Blood test: Your attorney may question the qualifications and training of the individuals involved in collecting and analyzing the blood sample. Additionally, lawyers can scrutinize the chain of custody to ensure the integrity and proper handling of the blood sample throughout the process.
- Witness testimony: If there was an eyewitness who could provide evidence that you were not impaired at the time of your arrest, this could be used to strengthen your defense.
Additionally, a Michigan DUI/OWI defense lawyer may investigate potential violations of the defendant’s rights during the arrest and gathering of evidence. They will gather and analyze all available evidence, interview witnesses, and consult with experts when necessary.
With this information, the lawyer can develop a tailored defense strategy, which may involve negotiation for reduced charges, alternative sentencing options, or mounting a strong case for trial. Our legal team always fights to deliver the best results for our clients.
We understand that you may be going through a difficult situation and we are ready to help however we can.
Call Our DUI/OWI Defense Lawyers in Lansing, MI
If you are facing OWI or OWVI charges in Lansing, seek the assistance of an experienced DUI defense lawyer. At White Law PLLC, we offer the legal support you need during this challenging time. Our attorneys will protect your rights and represent your interests.
By enlisting the services of a skilled DUI defense lawyer, you can increase your chances of obtaining a favorable outcome. Don’t face the complex legal system alone. Contact a Lansing OWI/DUI defense attorney today for legal assistance.
We’re Experienced. We Care.
We Exceed Client Expectations.