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When charged with a DUI offense in Michigan, a client has two options. The client can sit back, let their attorney do their job, and hope that things work out in the end. The other approach has the client equally engaged on a daily basis; this is the proactive approach, which all of my clients must do from day one.
I am very selective in who I agree to take on as a client; I am looking for motivated clients who are looking to change the perception of their case on a daily basis. When a client is arrested and charged with a DUI, the perception of the police, prosecutor, judge and the community is my client is a dangerous person, and can’t be trusted to make good choices with alcohol or driving. When a client’s freedom and ability to drive can be taken away, it’s time to get serious about changing this perception. If I agree to take on a client, I provide the tools and resources for that client to be proactive on day one. Each case is different, and each program is customized, but generally the program involves an alcohol screening and assessment, alcohol education and/or treatment, attendance at AA meetings, proactive volunteer work, alcohol and drug testing among other components. If my client follows my lead, it helps open options for our case. All DUI cases in Michigan are either resolved with litigation (motions, hearings or trial) or resolution (plea bargain with prosecutor). As a former prosecutor in Michigan and New York City, I have worked out 1000’s of deals on both ends of the table. All cities, township and county prosecutors have a different litmus tests for plea bargaining, and each case is different. Most DUI cases have some ugly elements to it; prior criminal history, prior DUI history, high BAC reading, accident, client is under 21, rude behavior by my client to the police, along with a handful of other potential issues. When it comes to resolving these cases, I need to overcome many negative facts in my client’s case, and my words alone can only go so far. All clients have jobs they can’t lose, all clients need to drive to work and to take care of their family, nobody can afford to go to jail, and nobody wants a DUI on their record. These factors DO NOT make you unique when charged with a DUI. The more successful you are, the more professional licenses you hold, and the better career you have, the higher the standard is set by the prosecutor and judge. Just because you’ve been a doctor for 30 years, doesn’t mean a thing to a prosecutor; if anything it will be held against you for knowing better than getting yourself in this situation. While I present my client’s past, present and where they are going in the future, this is not enough to distinguish my client. Because my client has spent weeks if not months being proactive, I can drop these accomplishments on the prosecutor and distinguish my client from the other names in the prosecutor’s stack of files. These proactive accomplishments can be the difference between having or not having a drunk driving conviction on your record, losing or keeping your license, going to jail, having an interlock on your car for a year, having your car immobilized more points on your license, higher fines, costs and driver responsibility fees and other major differences. By following my proactive program, you are helping your case every single day, and putting yourself in the best position to reach the best resolution within the context of your case. As the client makes progress on the program, I proudly share this information with the prosecutor in order to educate them on how you are different than their typical case. I have set a high bar with past clients, so prosecutors are almost expecting my clients to be rock stars. I lay out the client accomplishments in a memorandum to the prosecutor along with proposed motion that I would file if the case cannot be resolved. As a former prosecutor I provide this information in a very respectful way to the other side, and keep the door open for resolution, but I am firm in the possibility of litigating the case. This approach gives my client the best of both worlds. Genesee County DUI Survival Guide
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If the prosecution is able to prove that you were Operating a Motor Vehicle on a Highway Open to the Public, the final element that requires proof beyond a reasonable doubt is whether you breaking the law under three different theories - either "under the influence", operating with a blood alcohol content above 0.08 or a blood alcohol content above 0.17.
The first theory Operating While Intoxicated "under the influence" is defined by the Criminal Jury Instructions as "Because of drinking alcohol, the defendant's ability to operate a motor vehicle in a normal manner was substantially lessened" - "To be under the influence a person does not have to be what is called dead drunk, that is falling down or hardly able to stand up. On the other hand, just because a person has drank alcohol or smells of alcohol does not prove, by itself, that the person is under the influence of alcohol. The test is whether, because of drinking alcohol, the defendant's mental or physical condition was significantly affected and the defendant was no longer able to operate a vehicle in a normal manner" The key to "under the influence" is you must be under the influence while driving your car. If the police make observations, administer field sobriety and chemical tests at a time after you were driving, then this evidence is less relevant the further away you get from driving the car. If there is evidence you were driving at 10 pm, but the police aren't involved until 11:30 then 90 minutes have gone by since the operation, and anything from 11:30 may not be relevant to your condition 90 minutes earlier. The reason this evidence may not be relevant, is because alcohol does not immediately peak after consuming; alcohol can take up to 60-90 minutes to peak in your system. If you consume a large quantity of alcohol then immediately jump into a car, your blood alcohol level is going to be a lot lower than it would be 60-90 minutes later. There is also the possibility that the driver drove then consumed the alcohol after driving; any observations or test results would then not be relevant to the condition, which the defendant drove the car, because the drinking occurred after the driving. If observations and tests are performed immediately after operation then there are still various ways to challenge "under the influence". Each Michigan drunk driving case is fact specific with strengths and weaknesses; your attorney will highlight factors that tend to show that you were not under the influence while driving, and your mental or physical condition was not significantly affected in operating a vehicle in a normal manner. Some factors may include the lack of bad driving, cooperation with the police, performing well on field sobriety tests. Remember, it is always the prosecutions burden to prove this element, but they will only highlight the negative factors to gain a conviction; your attorney must even out the playing field and tell the complete story. The second theory Operating While Intoxicated - Unlawful Bodily Alcohol Level - .08 at the time of operation This theory is based entirely on the chemical test results, which can be breath test, blood or urine sample, and is independent of the first theory of "under the influence". The prosecution will seek to admit the chemical test results to prove this element; it may be possible to challenge their admissibility and their accuracy if and when they are admitted. There are two ways to defeat the "per se" charge: The first way is to not challenge the actual test result, but challenge it's relevance to when the defendant was actually driving. If the defendant is driving at 10 pm, but the test is administered at 11 pm, then the result isn't actually what the driver would have registered at 10 pm. The test cannot prove what the defendant's blood alcohol was at 10 pm, but only at 11 pm. This could be very helpful if the blood result is in the 0.09 -0.11 range an hour later, because the blood alcohol could be rising, and was below 0.08 an hour earlier. The second way is to challenge the accuracy of the breath, urine or blood test. This tests can be challenged on the basis that procedures, safeguards, chain of custody and may other factors were not followed, and results are not accurate. An expert could testify, and re-create the defendant's consumption, and based upon all factors including the amount of alcohol, weight of the defendant and time considerations, what the defendant's blood alcohol was at the time of operation. If this result is different than the state's evidence, it might create reasonable doubt for an acquittal. Although both theories can be challenged, the jury only needs to find that either you were "under the influence" or had a blood alcohol level above .08. Here are the possible Michigan OWI Penalties for a first offender: - a $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 - Driver Responsibility Fee ($1,000 for 2 consecutive years) Here are the possible Michigan OWI 2nd Offense Penalties - $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. - Driver Responsibility Fee of $1,000 for 2 consecutive years. If you've been arrested for drunk driving in Michigan with a blood alcohol content above 0.17, you will most likely be charged with "Michigan Super Drunk" aka Michigan High BAC.
This enhanced offense is defined as operating with a alcohol content of 0.17 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine. If convicted of this offense, you faced an enhanced Michigan drunk driving sentence, with the maximum jail sentence for a Super Drunk charge being 180 days along with a license suspension of 45 days and 320 days of driving with a restricted permit. You will also be required to have an ignition interlock device installed in your vehicle during the restricted time period, and face possible vehicle immobilization or forfeiture. A Super Drunk offense in Michigan is serious, but there are many ways to challenge this charge. An experienced Michigan Super Drunk attorney will file pre-trial motions, challenge the traffic stop, challenge the operation of the vehicle, challenge field sobriety tests, challenge the admissibility of statements, challenge the probable cause to arrest, challenge the admissibility and accuracy of blood results and/or the admissibility and accuracy of DataMaster results. One effective defense in a Michigan Super Drunk case is the Michigan Rising Blood Alcohol Content Defense. If charged with Super Drunk in Michigan, speak to an experienced Michigan DUI attorney immediately. The prosecution is building a case against you, and a pro-active defense is the best defense for challenging this charge. Here are the possible penalties for a Michigan Super Drunk/High BAC - 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. - Driver Responsibility Fee of $1000 for 2 consecutive years.If you've been arrested for drunk driving in Michigan with a blood alcohol content above 0.17, you will most likely be charged with "Michigan Super Drunk" aka Michigan High BAC. This enhanced offense is defined as operating with a alcohol content of 0.17 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine. If convicted of this offense, you faced an enhanced Michigan drunk driving sentence, with the maximum jail sentence for a Super Drunk charge being 180 days along with a license suspension of 45 days and 320 days of driving with a restricted permit. You will also be required to have an ignition interlock device installed in your vehicle during the restricted time period, and face possible vehicle immobilization or forfeiture. A Super Drunk offense in Michigan is serious, but there are many ways to challenge this charge. An experienced Michigan Super Drunk attorney will file pre-trial motions, challenge the traffic stop, challenge the operation of the vehicle, challenge field sobriety tests, challenge the admissibility of statements, challenge the probable cause to arrest, challenge the admissibility and accuracy of blood results and/or the admissibility and accuracy of DataMaster results. One effective defense in a Michigan Super Drunk case is the Michigan Rising Blood Alcohol Content Defense. If charged with Super Drunk in Michigan, speak to an experienced Michigan DUI attorney immediately. The prosecution is building a case against you, and a pro-active defense is the best defense for challenging this charge. Here are the possible penalties for a Michigan Super Drunk/High BAC - 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. - Driver Responsibility Fee of $1000 for 2 consecutive years. |
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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.
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