You were at company function and you had a couple of drinks at the event. You thought you were fine to drive and were on your way home. Suddenly you see the flashing lights of a police car and realize you are being pulled over. You stop. Next thing you know you are outside of the car performing sobriety tests. You think you do fine on all the tests and you probably did. the officer has a different view and says you need to do one more test, just to be sure! The officer has you blow into a PBT (portable breath test), the officer shows you the test result a .09. Now you are placed in handcuffs and put in the back of the police car. YOU HAVE JUST BEEN ARRESTED FOR OPERATING WHILE INTOXICATED! You think but I only had a couple drinks. Now what?
Call Me , Dan Bain. In my 19 years as an attorney I have helped hundreds of people in this exact situation. People from all walks of life, Doctors , Construction workers, Carpenters, CEOS, Lawyers, Fireman, Housewives, Accountants, Engineers, Teachers , Nurses, Small Business owners, Trukdrivers , Sales reps, Welders, Golf Pros, Students , People just like you! Your not a criminal , you just had a momentary lapse of judgment that can now permanently adversely affect your life if its not handled right. Here is a brief overview of Michigan Law pertaining to OWI/Drunk Driving.
Michigan Law provides that if you operate a motor vehicle with a blood alcohol level at .08 or above, you can be charged with operating while intoxicated (OWI), commonly referred to as Drunk Driving. this offense is classified as a 93 day misdemeanor , which means you could face up to 93 days in jail. If convicted ,6 points are added to your driving record and your drivers license is suspended for a period of 6 months, During that period of suspension you can not drive at all for the first 30 days , this is refereed as a hard suspension. After the the 30 day hard suspension is completed your license will allow you to drive on a restricted basis to from and in the course of employment , to court. probation, counseling and school..If convicted in addition to jail the court may impose a term of probation which could include substance abuse counseling, community service , fines and costs. In addition to the 6 points the Secretary of State will add to you driving record the Secretary of State will also require you to pay a drivers responsibility fee of $1,000.00 for two years.
Michigan law also provides for the lessor offense of operating while visibly impaired (OWVI). The two main differences between a OWI and OWV is that with an OWVI the Secretary of State will add only 4 points to your driving record and the driver responsibility fee is $ 500.00. Your drivers license is suspended for 90 days and a restricted license is issued for the entire 90 day period. The court sanctions, probation etc are relatively the same.
The most recent addition to Michigan”s drunk driving law is what is referred to as the “SUPER DRUNK DRIVING” law. The Super drunk law carries enhanced jail, and driving penalties for case involving a blood alcohol content in excess of.17 bac.
If you a, friend or family is charged with a driving related offense contact Novi attorney Dan Bain at (248) 380-8787. I will be happy to speak with you regarding the matter and fully explain all of your options including an aggressive trial strategy if that is what the situation warrants.