Posts Categorized: OWI Defense

What Happens If I Get a OWI In Michigan?

OWI- the letters we don’t want to see on any correspondence or ticket received from law enforcement. Driving under the influence of any substance, legal, or illegal, is unsafe, quite dangerous to you and others, and just plain old bad decision making. Having an OWI on one’s driving record is a restricting experience and can… Read more »

Underage Drinking and Driving Charges In Michigan

What can underage drivers be charged with in the state of MI if they are caught drinking and driving? As is the case with many states, there is a zero tolerance policy when it comes to underage drivers and bodily alcohol content. What does “zero tolerance” mean exactly? Zero tolerance means that if a minor… Read more »

The difference between a UBAC/UBAL charge, and an OWI charge

What’s the difference between a UBAC/UBAL charge, and an OWI charge – or is there no significant difference? Michigan Vehicle Code section 257.625 specifies penalties for operating a vehicle “while under the influence of intoxicating or alcoholic liquor or a controlled substance, or a combination of intoxicating or alcoholic liquor and a controlled substance, or… Read more »

Getting Your License Back: Covering Your Bases

Multiple drunk driving convictions will eventually land an individual before the Secretary of State for a license restoration. Yet, there are so many small hangups that can catch up with you at a license hearing that can keep you off the road for a very, very, long time. Consider the following nuance: To petition the… Read more »

Identifying Ways to Strengthen Your DUI Case

At a license restoration hearing yesterday, I was representing my out of State client in petitioning the State of Michigan to release his Michigan “hold” for multiple drunk driving convictions; a clearance in Michigan would then allow him to obtain driving privileges in his home state. There were a couple interesting observations by way of… Read more »

DRUNK “DRIVING”? ACTUAL DRIVING NOT NECESSARY FOR A DRUNK DRIVING ARREST

It used to be that a police officer was required to witness someone actually operate a vehicle before that person could be arrested for drunk driving. For example, someone asleep in a motionless car who was consuming alcohol did not necessarily provide the officer enough basis for a drunk driving arrest. However, in 1995, the… Read more »

STUDYING THE CASE: AUDIO VISUAL EVIDENCE IS YOUR ALLY

It’s no surprise that a police officer typically writes a DUI police report in a way that supports his decision to arrest you. It should also come as no surprise, then, that many police reports contain exaggerated facts and false information about your DUI arrest. Obtaining the officer’s in-car video and booking video of your… Read more »

OTHER EXPLANATIONS FOR THE OFFICER’S OBSERVATIONS

The police officer who arrested you must justify why he did so in court. For this reason, the police will do everything they can to make observations about you that demonstrate your intoxication. When they observe symptoms they believe show your drunkenness, they will record those observations in the police report. A good attorney will… Read more »