Michigan DUI Playbook | Attorney Jonathan Paul
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  • Reviews
dui attorney michigan arrest

What should I do if charged with a DUI in Jackson County Michigan?

9/2/2021

 
​Our firm focuses on the client's journey, and how he/she finds themselves on the wrong side of the law.  We lead with empathy and understanding; our clients are not criminals, but rather good hearted, caring folks who respect the law, and want to be held in high regard. We work with a diverse pool of clients; our clients are our partners, and together we put forth a proactive approach to every case.  

While I am a former NYC and Michigan prosecutor, and have been practicing criminal defense for more than a decade, I don't like using the "criminal" label with my clients.  My clients don't have anything to hide; they are more frightened and embarrassed, and worried about an uncertain future.  They are concerned that they made a terrible "first impression" with the police, prosecutor, judge, and court system; it can be gut wrenching to feel "stuck"; you can't change what happened, and sitting around, and worrying only makes things worse. 

My goal for a Jackson County DUI case is to empower each client to make a "true impression" and understand and demonstrate how they ended up on the wrong side of the law, and provide them the tools to SHOW rather than TELL what they can learn from their incident, and where they are going in the future.   Nothing feels better as an attorney than to hear a prosecutor and judge praise my client for stepping up, and taking control of their own situation.  

What should I do if charged with a DUI in Ann Arbor Washtenaw County?

9/2/2021

 

Drunk Driving Lawyer Ann Arbor

​Our firm focuses on the client's journey, and how he/she finds themselves on the wrong side of the law.  We lead with empathy and understanding; our clients are not criminals, but rather good hearted, caring folks who respect the law, and want to be held in high regard. We work with a diverse pool of clients; our clients are our partners, and together we put forth a proactive approach to every case.  

While I am a former NYC and Michigan prosecutor, and have been practicing criminal defense for more than a decade, I don't like using the "criminal" label with my clients.  My clients don't have anything to hide; they are more frightened and embarrassed, and worried about an uncertain future.  They are concerned that they made a terrible "first impression" with the police, prosecutor, judge, and court system; it can be gut wrenching to feel "stuck"; you can't change what happened, and sitting around, and worrying only makes things worse. 

My goal is to empower each client to make a "true impression" and understand and demonstrate how they ended up on the wrong side of the law, and provide them the tools to SHOW rather than TELL what they can learn from their incident, and where they are going in the future.   Nothing feels better as an attorney than to hear a prosecutor and judge praise my client for stepping up, and taking control of their own situation.  

What should I do if arrested and charged with a DUI in Livingston County - Howell Brighton

9/2/2021

 

Livingston County Drunk Driving

Our firm focuses on the client's journey, and how he/she finds themselves on the wrong side of the law.  We lead with empathy and understanding; our clients are not criminals, but rather good hearted, caring folks who respect the law, and want to be held in high regard. We work with a diverse pool of clients; our clients are our partners, and together we put forth a proactive approach to every case.  

While I am a former NYC and Michigan prosecutor, and have been practicing criminal defense for more than a decade, I don't like using the "criminal" label with my clients.  My clients don't have anything to hide; they are more frightened and embarrassed, and worried about an uncertain future.  They are concerned that they made a terrible "first impression" with the police, prosecutor, judge, and court system; it can be gut wrenching to feel "stuck"; you can't change what happened, and sitting around, and worrying only makes things worse. 

My goal is to empower each client to make a "true impression" and understand and demonstrate how they ended up on the wrong side of the law, and provide them the tools to SHOW rather than TELL what they can learn from their incident, and where they are going in the future.   Nothing feels better as an attorney than to hear a prosecutor and judge praise my client for stepping up, and taking control of their own situation.  ​

What should I do if arrested for drunk driving in Lenawee County Adrian? 2A Court

9/2/2021

 

DUI Attorney Lenawee County

Our firm focuses on the client's journey, and how he/she finds themselves on the wrong side of the law.  We lead with empathy and understanding; our clients are not criminals, but rather good hearted, caring folks who respect the law, and want to be held in high regard. We work with a diverse pool of clients; our clients are our partners, and together we put forth a proactive approach to every case.  

While I am a former NYC and Michigan prosecutor, and have been practicing criminal defense for more than a decade, I don't like using the "criminal" label with my clients.  My clients don't have anything to hide; they are more frightened and embarrassed, and worried about an uncertain future.  They are concerned that they made a terrible "first impression" with the police, prosecutor, judge, and court system; it can be gut wrenching to feel "stuck"; you can't change what happened, and sitting around, and worrying only makes things worse. 

My goal is to empower each client to make a "true impression" and understand and demonstrate how they ended up on the wrong side of the law, and provide them the tools to SHOW rather than TELL what they can learn from their incident, and where they are going in the future.   Nothing feels better as an attorney than to hear a prosecutor and judge praise my client for stepping up, and taking control of their own situation.  

My clients do amazing in the criminal justice system, because they are mere visitors; having the right exit strategy is the key to navigating the most challenging moment in your life.  You only get to handle your case once, how do you want to approach it? ​

What is the punishment for drunk driving in Michigan?

9/2/2021

 
​As indicated above, if there are multiple drunk or drugged driving convictions, or a single High BAC conviction, the court must order the defendant to participate in, and successfully complete, a rehabilitation program.
First Offense:
Operating While Intoxicated (OWI) or Operating With Any Presence of a Schedule 1 Drug or Cocaine (OWPD)
  • $100 to $500 fine and one or more of the following:
    • Up to 93 days in jail.
    • Up to 360 hours of community service.
  • Driver's license suspension for 30 days, followed by license restrictions for 150 days.
  • Possible vehicle immobilization.
  • Possible ignition interlock.
  • Six points added to driving record.
High Blood Alcohol Content (BAC of .17 or higher). This is one of the operating while intoxicated crimes, but it has harsher consequences.
  • One or more of the following:
    • Up to 180 days in jail.
    • $200 to $700 fine.
    • Up to 360 hours of community service.
  • Driver's license suspension for 1 year. Eligible for restrictions after 45 days of suspension if an ignition interlock device is installed on all vehicles the offender owns or intends to operate.
  • Possible metal license plate confiscation if the offender operates a vehicle without a properly installed ignition interlock device.
  • Mandatory vehicle immobilization if the offense is subsequently convicted for operating a vehicle without a properly installed ignition interlock device.
  • 6 points added to the offender's driving record.
Operating While Visibly Impaired
  • Up to a $300 fine, and one or more of the following:
    • Up to 93 days in jail.
    • Up to 360 hours of community service.
  • Driver's license restrictions for 90 days (180 days if impaired by a controlled substance).
  • Possible vehicle immobilization.
  • 4 points added to the offender's driving record.
Second Offense within 7 Years (any combination):
Operating While Intoxicated
  • $200 to $1000 fine, and one or more of the following:
    • 5 days to 1 year in jail.
    • 30 to 90 days of community service
  • Driver's license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
  • License plate confiscation.
  • Vehicle immobilization for 90 to 180 days, unless the vehicle is forfeited.
  • Possible vehicle forfeiture.
  • 6 points added to the offender's driving record.
Operating While Visibly Impaired
  • $200 to $1,000 fine, and one or more of the following:
    • 5 days to 1 year in jail.
    • 30 to 90 days of community service.
  • Driver's license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
  • License plate confiscation.
  • Vehicle immobilization for 90 to 180 days unless the vehicle is forfeited.
  • Possible vehicle forfeiture.
  • 4 points added to the offender's driving record.
Third Offense Within Lifetime (any combination) is a Felony
Operating While Intoxicated
  • $500 to $5,000 fine, and either of the following:
    • 1 to 5 years imprisonment
    • Probation, with 30 days to 1 year in jail.
  • 60 to 180 days community service.
  • Driver's license revocation and denial if there are 2 convictions within 7 years or 3 convictions within 10 years. The minimum period of revocation and denial is 1 year (minimum of 5 years if there was a prior revocation within 7 years).
  • License plate confiscation.
  • Vehicle immobilization for 1 to 3 years, unless the vehicle is forfeited.
  • Possible vehicle forfeiture.
  • Vehicle registration denial.
  • 6 points added to the offender's driving record.
Operating While Visibly Impaired
  • $500 to $5,000 fine, and either of the following:
    • 1 to 5 years imprisonment
    • Probation, with 30 days to 1 year in jail.
  • 60 to 180 days community service.
  • Driver's license revocation and denial if there are 2 convictions within 7 years or 3 convictions within 10 years. The minimum period of revocation and denial is 1 year (minimum of 5 years if there was a prior revocation within 7 years).
  • License plate confiscation.
  • Vehicle immobilization for 1 to 3 years, unless the vehicle is forfeited.
  • Possible vehicle forfeiture.
  • Vehicle registration denial.
  • 4 points added to the offender's driving record.


Causing Death or Serious Injury if Operating While Intoxicated, Operating While Visibly Impaired, Operating with Any Presence of Drugs, or Operating While License Suspended, Revoked or Denied (First Offense) These crimes are felonies.
  • Death -- Up to 15 years imprisonment, or a fine of $2,500 to $10,000, or both.
  • Injury -- Up to 5 years imprisonment, or a fine of $1,000 to $5,000, or both.
  • Emergency Responder Death --  Up to 20 years imprisonment, or a fine of $2,500 to $10,000, or both.
  • Driver's license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
  • License plate confiscation.
  • Vehicle immobilization for up to 180 days, unless the vehicle is forfeited.
  • Possible vehicle forfeiture.
  • 6 points added to the offender's driving record.
Causing Death or Serious Injury if Operating While Intoxicated, Operating While Visibly Impaired, Operating with Any Presence of Drugs, or Operating While License Suspended, Revoked or Denied (Second Offense within 7 years) These crimes are felonies.
  • Death -- Up to 15 years imprisonment, or a fine of $2,500 to $10,000, or both.
  • Injury -- Up to 5 years imprisonment, or a fine of $1,000 to $5,000, or both.
  • Emergency Responder Death --  Up to 20 years imprisonment, or a fine of $2,500 to $10,000, or both.
  • Driver's license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
  • License plate confiscation.
  • Vehicle immobilization for up to 180 days, unless the vehicle is forfeited.
  • Possible vehicle forfeiture.
  • 6 points added to the offender's driving record.
Open Intoxicants in a Motor Vehicle
  • Up to a $100 fine.
  • First offense --  No action taken against driver's license.
  • Second offense --  Driver's license is suspended for 30 days, followed by restrictions for 60 days.
  • Third offense --  Driver's license is suspended for 60 days, followed by restrictions for 305 days.
  • Alcohol screening may be required.
  • points added to the offender's driving record.
Driver's License Sanctions for Drivers Under Age 21
Zero Tolerance (under age 21)
First Offense
  • Up to a $250 fine, or up to 360 hours of community service, or both.
  • Driver's license is restricted for 30 days.
  • 4 points are added to the offender's driving record.
Second Offense with 7 years
  • One or more of the following:
    • Up to a $500 fine.
    • Up to 60 days of community service.
    • Up to 93 days in jail.
  • Driver's license suspension for 90 days. If there is a prior drunk or drugged driving conviction, there is a driver license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
  • 4 points are added to the offender's driving record.
Person Under 21 Purchase/Consume/Possess Alcohol
  • First offense -- $100 fine. No driver's license sanction.
  • Second offense -- $200 fine. Driver's license is suspended for 30 days and restricted for 60 days.
  • Third offense -- $500 fine. Driver's license is suspended for 60 days and restricted for 305 days.
  • Alcohol screening may be required.
  • Community service may be required.
Person Under 21 Transporting or Possessing Alcohol in a Motor Vehicle
  • Up to a $100 fine.
  • Driver's license sanctions:
    • First offense --  No driver's license sanction.
    • Second offense --  Driver's license suspension for 30 days, and restriction for 60 days.
    • Third offense --  Driver's license suspension for 60 days, and restriction for 305 days.
  • Alcohol screening may be required.
  • Community service may be required.
  • Vehicle may be impounded for up to 30 days.
  • 2 points are added to the offender's driving record.
Using Fraudulent ID to Purchase Alcohol
  • Up to a $100 fine, or up to 93 days in jail, or both.
  • Driver's license is suspended for 90 days.
  • Alcohol screening may be required.
Driving While License Suspended, Revoked, or Denied
First Offense
  • Up to a $500 fine, or up to 93 days in jail, or both.
  • Mandatory additional license sanction.
  • 2 points added to the offender's driving record.
Second Offense
  • Up to a $1,000 fine, or up to 1 year in jail, or both.
  • Mandatory additional license sanction.
  • Vehicle may be immobilized for up to 180 days.
  • 2 points added to the offender's driving record.
Third Offense
  • Up to a $1,000 fine, or up to 1 year in jail, or both.
  • Mandatory additional license sanction.
  • 2 points added to the offender's driving record.
  • If there are 2 prior convictions within 7 years, there are additional consequences:
    • License plate confiscation.
    • Vehicle immobilization for 90 to 180 days.
Fourth Offense
  • Up to a $1,000 fine, or up to 1 year in jail, or both.
  • Mandatory additional license sanction.
  • 2 points added to the offender's driving record.
  • If there are 3 prior convictions within 7 years, there are additional consequences:
    • License plate confiscation.
    • Vehicle immobilization for 90 to 180 days.
Fifth Offense
  • Up to a $1,000 fine, or up to 1 year in jail, or both.
  • Mandatory additional license sanction.
  • 2 points added to the offender's driving record.
  • If there are 4 prior convictions within 7 years, there are additional consequences:
    • License plate confiscation.
    • Vehicle immobilization for 1 to 3 years.

What is the legal limit for a DUI in Michigan? Is it 0.08 or 0.10?

9/2/2021

 
In Michigan, the legal limit is 0.08 for drunk driving, but there are offenses that require a higher number (0.17), known as Super Drunk. 

If charged with a 
misdemeanor DUI in Michigan, the charge will either be Impaired Driving, Operating While Intoxicated, Super Drunk, Operating With Presence of Drugs or Minor BAC Zero Tolerance or with a prior, OWI 2nd Offense or 3rd Offense which would be a felony.  

When charged with a drunk driving offense in Michigan, you're fighting for your survival.  Your freedom, license, career, family reputation and your future are on the line.  Here is how my clients approach

What is considered drunk driving in Michigan?

9/2/2021

 
If charged with a misdemeanor DUI in Michigan, the charge will either be Impaired Driving, Operating While Intoxicated, Super Drunk, Operating With Presence of Drugs or Minor BAC Zero Tolerance or with a prior, OWI 2nd Offense or 3rd Offense which would be a felony.  

When charged with a drunk driving offense in Michigan, you're fighting for your survival.  Your freedom, license, career, family reputation and your future are on the line.  Here is how my clients approach a DUI. 

Can a DUI ruin your life in Michigan if convicted?

9/2/2021

 
It may feel like your life is over if arrested for drunk driving, but it's a major opportunity to better yourself, and learn from the event.  Lead with empathy. 

Is a DUI in Michigan criminal charge? Will drunk driving be on my record forever?

9/2/2021

 
Yes, drunk driving is a criminal charge, and can be a misdemeanor or a felony.  If convicted, it will go on your record, but there is hope now in Michigan; you might be eligible for expungement of your drunk driving conviction in Michigan - click here to learn more

Is Monroe County in Michigan tough on drunk driving? Will I go to jail at the 1st District Court?

9/2/2021

 
In Michigan, a drunk driving case can really vary depending upon what police department makes the arrest, because it determines what courthouse the case is heard, an who the prosecutor on the case is going to be.  Some prosecutors are quick to reduce Operating While Intoxicated or Super Drunk charges down to Impaired Driving, but rarely anything below this offer.  Judges typically put people on at least 12 months of probation, and some courts do send first offenders to jail.  

Prosecutors typically view DUI cases as serious charges, and pretty straight forward to prosecute.  Prosecutors look for evidence of driving the car then the chemical test result being over the legal limit.  If they have evidence of both of those, they are confident in their case, and typically hold firm in standard offers to the defendant.  

Some prosecutors have "policies" and will not make offers or will play hard ball day one, inviting a trial if you don't like the offer.  The majority of prosecutors don't want to set DUI's for trial and make themselves much busier; they have large caseloads and want to resolve cases.  

Most prosecutors will give some benefit of the doubt to someone with no prior DUI convictions, but will look harshly upon accidents, poor driving, an exceptionally high BAC number, and any funny business in terms of acting poorly toward the police officers.  If the case is a clean traffic stop, a relatively common BAC number, there's likely to be an opening offer that might be appealing to some defendants.  ​
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Representing DUI Clients in Michigan

Representing clients charged with a DUI in Ann Arbor, Canton, Brighton, Howell, Saline, Adrian, Taylor, Plymouth, Northville, Westland, Ypsilanti, Pittsfield Towsnhip, Warren, Sterling Heights, Farmington, Pontiac, Romulus, Lansing, Novi, South Lyon, Southfield, Birmingham, Bloomfield Hills, Royal Oak, Troy, Rochester, Jackson, East Lansing, Garden City, Livonia, Dearborn, Detroit, St Clair Shores, Hazel Park, Ferndale, Madison Heights, Waterford, Milford, Shelby Township Clarkston, Oak Park, Berkley, Fraser, Sterling Heights, Clinton Township and others throughout Washtenaw, Wayne, Monroe, Jackson, Genesee, Macomb, Ingham, Lenawee, Livingston and Oakland County. ​
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  • Offenses
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    • Felony DUI Third Offense
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    • What are my bond conditions?
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    • How to beat the blood draw
    • How to beat the Datamaster
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