|
Julia was driving home from her friend's party late at night when she was pulled over for speeding. She knew she had had a few drinks, but she felt fine to drive. However, the officer who stopped her smelled alcohol on her breath and asked her to take a PBT test. Julia blew a 0.14 on the test, which was well above the legal limit in Michigan.
The officer then asked Julia to perform field sobriety tests. She stumbled a bit during the tests, but she thought she had done well enough. However, the officer was not convinced and placed her under arrest for drunk driving. Julia was taken to the 35th District Court, where she was charged with Operating While Intoxicated (OWI). This was not the first time Julia had run into trouble with the law. She had a prior criminal conviction within the past seven years, which made her situation even more serious. However, she was determined to fight the charges and hired attorney Jonathan Paul, a former prosecutor who was known for his proactive defense approach. Julia's case was complicated by the fact that she had also had a blood draw, which showed her blood alcohol concentration (BAC) to be 0.15, even higher than the PBT test had indicated. However, Julia had refused to take the test, triggering Michigan's implied consent law. This meant that her driver's license would be automatically suspended for a year, regardless of the outcome of her case unless Jonathan was able to win the implied consent case, or obtain a hardship license from the circuit court. Jonathan Paul advised Julia to take a proactive approach to her case. He knew that the prosecutor and judge would not be sympathetic to her if she simply pleaded guilty and threw herself at their mercy. Instead, he advised Julia to do everything she could to earn their empathy and compassion. Julia knew that she had a lot of work to do if she wanted to make a good impression on the court. She was a nurse, and she decided to use her profession to her advantage. She started volunteering at a local hospital, helping out with patient care and showing her dedication to her job. She also enrolled in a rehabilitation program to show that she was taking responsibility for her actions and was committed to staying sober. When Julia appeared in court three weeks later, she was nervous but confident. She had done everything she could to prepare for her case, and she hoped that her efforts would pay off. Jonathan Paul presented her case to the judge, emphasizing Julia's remorse for her actions and her commitment to rehabilitation. The prosecutor was initially skeptical of Julia's defense, but as she listened to Jonathan Paul's arguments, she began to see Julia in a more positive light. She was impressed by Julia's dedication to her job and her commitment to sobriety. She agreed to reduce the charges against Julia to a lesser offense, which carried a less severe penalty. Julia was relieved and grateful for the outcome of her case. She knew that she had made a mistake, but she was determined to learn from it and move forward with her life. With the help of Jonathan Paul and her own hard work, she was able to earn the empathy and compassion of the court and obtain the best possible result. Driving under the influence (DUI) is a serious offense in every state, and Michigan is no exception. If you find yourself charged with a third drunk driving offense in Michigan, it's crucial to understand the potential consequences and penalties that come with it. In this blog post, we'll explore the severity of a third DUI charge in Michigan, the legal process, and how to defend yourself in the best possible way.
Keywords: Third DUI charge, Michigan, legal process, consequences, penalties, DUI defense Understanding Michigan DUI Laws Michigan DUI laws categorize drunk driving offenses into three primary levels: Operating While Visibly Impaired (OWVI), Operating While Intoxicated (OWI), and Operating with a High Blood Alcohol Content (OWI with a BAC of .17 or higher). A third drunk driving charge in Michigan can apply to any of these categories, and the penalties for each level differ. It's essential to comprehend which category your charge falls into and to familiarize yourself with the specific consequences related to that category. Consequences of a Third DUI Charge in Michigan A third DUI charge in Michigan is classified as a felony, carrying severe penalties and long-lasting consequences. Some of the potential repercussions you may face include: Fines: A minimum fine of $500 up to a maximum of $5,000, depending on the severity of the charge Imprisonment: A minimum of 1 year to a maximum of 5 years in prison Probation: Up to 5 years, which may include substance abuse treatment or community service License suspension or revocation: Mandatory license revocation for a minimum of 5 years Vehicle immobilization or forfeiture: Immobilization for up to 3 years or forfeiture of the vehicle involved in the offense Ignition interlock device: Mandatory installation upon license reinstatement Driver responsibility fees: Annual fees for two consecutive years following conviction Navigating the Legal Process If you're charged with a third DUI in Michigan, it's vital to seek legal representation immediately. A skilled DUI attorney will help you navigate the complex legal process, which typically involves the following steps: Arraignment: You'll be formally charged and informed of your rights during this initial court appearance. Your attorney can also argue for reduced bail or release on personal recognizance. Pretrial conference: This is an opportunity for your attorney to negotiate with the prosecutor, potentially resulting in a plea bargain or dismissal of charges. Preliminary examination: Your attorney can challenge the evidence against you during this hearing and request further examination of the case. Trial: If your case goes to trial, your attorney will present your defense and challenge the prosecution's evidence in court. Building a Strong DUI Defense Your attorney will work closely with you to build the strongest possible defense, which may involve strategies such as: Challenging the legality of the traffic stop Disputing the accuracy of field sobriety tests or breathalyzer results Proving that your rights were violated during the arrest process Presenting evidence of a medical condition that may have influenced test results Conclusion: Facing a third DUI charge in Michigan is a serious matter, with severe penalties and long-lasting consequences. It's crucial to understand the specific category of your charge, the legal process, and how to build a strong defense. With the help of an experienced DUI attorney, you can navigate the complex legal system and potentially minimize the impact of your third DUI charge. Navigating the Path to Sobriety: How Michigan's Specialized Court Program Empowers DUI Offenders to Overcome Addiction and Rebuild Their Lives
Picture this: a life free of the shackles of addiction, one where you can regain control and start anew. Sounds too good to be true, doesn't it? For many, the journey towards a clean slate can be an uphill battle, but Michigan's Sobriety Court is here to change that narrative. This innovative program offers a unique opportunity for individuals battling substance abuse to break free and regain their footing in society. While most people focus on earning a driver's license and potentially avoiding jail by going into sobriety court, in this blog post, we'll delve into the essence of Sobriety Court, its benefits, and why it's a game-changer for those seeking a new lease on life in Michigan. Sobriety Court: A Beacon of Hope Sobriety Court, a specialized court program in Michigan, is designed to help individuals struggling with substance abuse, particularly repeat offenders of drug- and alcohol-related crimes. By offering an alternative to traditional sentencing, Sobriety Court paves the way for long-term recovery and personal transformation. Participants receive the necessary support, guidance, and resources to overcome their addiction, while also being held accountable for their actions. The Benefits: Turning Lives Around
Conclusion Sobriety Court is a beacon of hope for those seeking a new lease on life in Michigan. Its comprehensive approach to addiction treatment, coupled with a strong support network and opportunities for personal growth, paves the way for long-lasting transformation. If you or someone you know is struggling with substance abuse, consider the life-changing benefits that Michigan's Sobriety Court has to offer. Remember, it's never too late to turn your life around and embrace the fresh start that you truly deserve 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? If charged with a misdemeanor DUI the charge will either be Impaired Driving, Operating While Intoxicated, Super Drunk, Operating With Presence of Drugs or Minor BAC Zero Tolerance, Child Endangerment 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. I am the author the Michigan DUI Playbook. For a comprehensive website on drunk driving offenses visit: www.michiganduiplaybook.com This is a very common question about DUI charges in Michigan. A client will have a drunk driving conviction on their record for a minimum of three years upon completion of court obligations which could be probation, jail or payment of fines. Once the case is closed, under Michigan law, a client would eligible for DUI expungement.
Here is more information on the process - Michigan DUI Expungement This is a very common question, and one that keeps my clients up at night. My clients have current jobs, and may be seeking promotions, or new opportunities. Some of my clients are just also just entering the job market, and may need to maintain professional licenses or qualifications to work in their chosen field.
The key to keeping your job in Michigan after a DUI arrest is to find your voice, and tell your story to the judge, prosecutor, police and probation team. As a leader for my clients we look to deliver meaningful impact on the drunk driving case; we cannot settle for being judged by the police report alone; this would not be a complete picture for my client's life, hopes and dreams. Discovering who we really are, what higher purpose drives and gives meaning to our lives, helps us find our voice in our drunk driving case. Every client has the opportunity and platform to be influential. As a transformative attorney, I challenge every client to own their voice; encourage them to vulnerable and grow from the experience. It's my goal to bring out greatness, and turn a negative situation into a positive learning opportunity. When charged with a crime in Michigan, you're left standing in the middle of a dance floor with the police, judge, prosecutor, probation and your friends and family staring at you with their arms crossed. They might be in shock at the crime you committed, and you're being judged on the drunk driving incident, and only that incident. To be judged on the four corners of the police report leaves you with no place to go.
What dance move could you pull off to get the heat off your back, and to change the perception of yourself post-incident? That's a huge challenge, and very difficult. But what if there was another way? What if we simply changed the song? That's exactly what I do for my clients who are charged with drunk driving in Michigan. We adopt a proactive approach and lead with empathy, and a growth mindset. The U.S. government website for customs and border protections officially states that Canada does not allow a person with a DUI conviction to enter their county unless that person has express permission from Canadian officials. Under Canada’s Immigration and Refugee Protection Act, a person convicted of a crime may be prohibited from entering Canada to visit, work, or immigrate. This prohibition, or inadmissibility, is discretionary, with the power to prohibit entry placed into the hands of Citizenship and Immigration Canada. If you're faced with a drunk driving charge in Michigan, you must speak to your attorney about this issue. A drunk driving conviction cannot be expunged from your record, and you may be banned from Canada for the rest of your life. This harsh reality can have a major impact on certain careers, especially if you're required to travel to from Michigan to Canada on a regular basis. Expunging your Michigan DUI? A potential solution 1. Tell me where you were before being approached by the police? Most clients are somewhere consuming alcohol. This could be your home, a bar, restaurant, party or another venue. This information will give your attorney a starting point in determining your alcohol consumption and time frame, which the alcohol was consumed.
2. What were you drinking, and how much? Drinking beer, wine or liquor makes a difference, and of course the amount of alcohol you consumed. You may not remember exact amounts, but even a good guess or estimation will give your attorney a lot of valuable information to assess your case. 3. When and how long ago did you consume alcohol prior to being approached by the police? I always use this example with clients. If you’re stone cold sober, and you do a quick shot of alcohol, and jump behind the wheel, your blood alcohol content is going to be at 0.00 for a short period of time. Only after some time passes, will your body absorb the alcohol, and you will register a blood alcohol content. This important information will allow your attorney to compare the test results to what you actually consumed. 4. How did the police approach you? I don’t use the phrase “traffic stop” because some Michigan drunk driving cases don’t start with a true traffic stop. Some clients are approached while parked in a parking lot or after a car accident. Depending upon this answer, the law will view your case in different ways, and present you with different options. 5. What was the conversation like with the police officer? Some interactions begin with a calm and polite inquiry by a police officer, and some start off as an immediate interrogation. The officer may ask for your driver’s license and registration, and inquire to your whereabouts prior to this conversation. You have a right not to speak to the police officer, but most people will cooperate and provide some information. 6. What did you tell the police about driving? This seems like an odd question, but in a case where you’re not observed driving a vehicle by a witness, the prosecutor may have difficult proving that you were driving, which is one of the two elements of Michigan drunk driving cases. This could be the case if you’re observed outside of a car, after a traffic accident or you’re found parked on the side of the road. If you make a statement about driving the car then it may make the prosecutor’s case a lot easier to prove. 7. Did you tell the police you consumed alcohol? While a police officer is trained to detect consumption of alcohol, and you may take tests that show you consumed alcohol, your own statements about alcohol could be important evidence. There’s a big difference between telling a police officer you drank a beer an hour ago, versus you just polished off ten beers at the pub. Believe it not, recent consumption of alcohol could be more favorable for your case. 8. Did the officer have probable cause to arrest you? Now you may not be familiar with this term, but your attorney will flush out whether or not the officer made a legal arrest. Police officers in Michigan need probable cause to make an arrest. Officers need a certain level of evidence that you violated one of the drunk driving statutes in order to legally arrest you. This evidence will come from your statements, along with field sobriety tests, observations by the officer and a portable breath test. 9. What field sobriety tests were performed? This could be reciting the alphabet, counting, the one-legged stand, the walk-and-turn, and a number of other tests. The results of these tests will help or hurt your case. I also find it interesting, which tests are offered to certain people in different situations. Most clients fail these tests, because police officers will find any reason to fail a subject. 10. What sort of observations did the officer make? While this information will be contained in the police report, it’s important to hear from the source. 11. Was there an odor of alcohol? Alcohol has no odor! At trial, when the officer is questioned on cross examination of whether the smell was from beer or wine or mixed drink, it is clear that they have no independent recollection of what they smelled. 12. Did you have bloodshot or watery eyes? The officer will have to admit that they do not know what your client's eyes normally look like. They will have to admit that they don't know how long a client had been awake that day or what sort of eyestrain they may have experienced during the day. If a photo was taken of your client by the officer or at the jail, try to take a look at it to see if the eyes look normal in the picture. Also, at trial, sometimes the client’s eyes will look bloodshot and it is a not a waiver of the Fifth Amendment right to remain silent by having the officer observe the client's eyes at trial and testify that they are bloodshot. 13. Did you have slurred speech? Again, the officer will have to admit that they do not know your client's normal speech pattern. The officers have forms which have checkmarks to fill in for these observations and field sobriety test results. On cross examination, it is often clear that the officer has no independent recollection other than what was checked on this form. Thus, an effective way to attack testimony about slurred speech is to ask the officer whether he understood what the client was saying. Then the officer should be asked whether the client slurred every word or just some words. Very often, the only slurring was the client rapidly saying the letters LMNOP while doing the alphabet. 14. Did you take a portable breath test, and were you read your rights? These test results can help form the basis of probable cause for arrest, but generally (minus a few exceptions) are not admissible at your trial. A police officer cannot force you to take this test; you should have been read your rights, and been informed that failure to take this test will result in a civil infraction. THAT IS ALL! You will not lose your license if you refuse this test. The officer may say that you will go to jail if you refuse, technically this might be true, but its not because you didn’t take the test, it’s because you’re going to jail already, unless you can show your blood alcohol content is below the legal limit. Even then the officer may still arrest you. 15. Once arrested, were you read your chemical test rights? Like the portable breath test, a police officer must read you your chemical test rights, and inform you of the consequences of not taking the officer’s choice of test. Failure to take a chemical test results in an automatic one year suspension of your license and 6 points on your master driving record. From there, the police officer can seek a warrant to draw blood, which could provide for evidence to be used against you. 16. Assuming you took a DataMaster test, did the officer observe you for 15 minutes, and check your mouth for foreign objects? The DataMaster training manual states that the operator of the machine, must observe a subject for 15 minutes prior to administering the DataMaster test, and check the subjects mouth for foreign objects, which might affect the results of this chemical test. It may be possible to obtain a video of this test, but usually the client can provide this important information. 17. Assuming you had blood drawn instead of the DataMaster test, who drew the blood, and were certain procedures followed? There are very strict protocols for drunk driving cases where the police obtain blood evidence from your person. One major red flag is the use of rubbing alcohol on the skin prior to drawing blood. Another issue is whether two vials of blood were taken, and sealed in a Michigan State Police blood kit. 18. How were things left with the police officer? Most clients charged with a DUI will be released within a short period of time. You be granted a cash bond by the police officer, and given a court date or told that you will be receiving something in the mail with your first court date. This could give your lawyer more information about how your case is scheduling going forward. This is the approach that probation officers, judges and prosecutors don't even consider, but when we come to court, they are pleasantly surprised |
Click to Email Me 
Categories
All
|
Ann Arbor Office LocationPlymouth Office Location |
Representing DUI Clients in MichiganRepresenting 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.
|