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DWI/DUI Defense Attorney Serving Troy and Flint, MI

Being stopped by a police officer is always a scary occurrence. It is even more frightening when you are asked to walk in a straight line or blow into a breathalyzer because the officer suspects you are driving while impaired or drunk. In 2013, over 35,000 motorists in Michigan experienced this fear and were arrested for Operating while intoxicated (many people still refer to this crime as DUI or driving under the influence, or DWI driving while intoxicated).

In fact, OWI's are one of the most common misdemeanor charges faced by individuals in Troy and Flint, Michigan.

To be considered drunk, an adult motorist must have a blood alcohol concentration (BAC) of .08% or higher. Of even more concern to the motorist, if the BAC is .17% or higher he/she will be considered SUPER DRUNK. Of course, this means higher penalties, way higher penalties. It’s important to note that minors and commercial drivers are held to different standards in the state of Michigan. A minor who has any alcohol in his or her system (even if it is below .08%) and gets behind the wheel is committing a "drinking and driving" offense. A commercial driver with a BAC of .04% may be charged with a OWI. Generally, chemical tests using a sample of your breath or blood are conducted to measure the BAC of a driver arrested for drinking and driving.

Operating While Intoxicated (OWI) Penalties:

(OWVI) 1st

 (OWI) 1st (.08)

Super Drunk (.17)

Fine/Jail/Comm Svc
1 or More of the Following
Up to 93 days in jail; $300 fine or; up to 360 hrs community service
Fine/Jail/Comm Svc
1 or More of the Following
Up to 93 days in jail; $100-500 fine or; up to 360 hrs community service
Fine/Jail/Comm Svc
1 or More of the Following
Up to 180 days in jail; $200-$700 fine or; up to 360 hrs community service
Licensing
90 days restricted
180 days rest w/OWID
4 points
Licensing
30/180 days susp/rest
6 points
Court ordered interlock permissive
Licensing
45 days to 1 year susp/rest
6 points
Court ordered interlock permissive
Immobilization
Permissive up to 180 days
Immobilization
Permissive up to 180 days
Immobilization
Permissive up to 180 days

OWVI 1st

Fine/Jail/Comm Svc
1 or More of the Following
Up to 93 days in jail; $300 fine or; up to 360 hrs community service
Licensing
90 days restricted
180 days rest w/OWID
4 points
Immobilization
Permissive up to 180 days

OWI 1st (.08)

Fine/Jail/Comm Svc
1 or More of the Following
Up to 93 days in jail; $100-500 fine or; up to 360 hrs community service
Licensing
30/180 days susp/rest
6 points
Court ordered interlock permissive
Immobilization
Permissive up to 180 days

Super Drunk (.17)

Fine/Jail/Comm Svc
1 or More of the Following
Up to 180 days in jail; $200-$700 fine or; up to 360 hrs community service
Licensing
45 days to 1 year susp/rest
6 points
Court ordered interlock permissive
Immobilization
Permissive up to 180 days

A second time offender faces more severe penalties with as much as a year in jail and up to $1000 in fines. The drivers' license is revoked for one year before a petition can be filed with the Secretary of State to get it back. Individuals with multiple OWI convictions are generally required to install interlock ignition devices in their vehicles at their own expense, that is, after a very involved hearing conducted by the DAAD (driver assessment and appeal division) of the Secretary of State, also at the drivers expense. It must also be understood that reinstatement of driving privileges after the DAAD hearing are not automatic, and, if the petitioner is denied driving privileges they must wait one full year before they may petition again.

Implied Consent

Michigan has implied consent laws; when you operate a motor vehicle in the state, you have impliedly consented to taking a chemical test if you are arrested with probable cause by a police officer. If, following an arrest, you refuse to take a breath test, you will receive a number of penalties for failing to comply with state law. These include points on your license and an automatic suspension of your license for up to one year. It’s important to note that you do not need to have been convicted of a DUI to receive this punishment; it is simply the penalty for refusing the test.

Operating While Visibly Impaired

Another charge that prosecutors often use against an individual who is alleged to have been drinking and driving is Operating While Visibly Impaired (OWVI). In many ways, this charge is easier to prove than a OWI in that it does not require the results of a chemical test. Instead a prosecutor may use evidence from a field sobriety test or the arresting officer’s testimony to prove guilt and show that you should not have been behind the wheel. Even if your BAC was not above the legal limit, you may still suffer serious penalties for an OWVI charge including points on your license, a short jail sentence, fines and drivers license sanctions.

With jail time, hefty fines, license suspension and a permanent record that may impact your livelihood, OWI charges are not to be taken lightly. Attorney Lievois makes certain that "no stone goes unturned" when evaluating a drunk driving arrest. He will take time to learn all of the events leading up to arrest, including a close examination of the arresting officer’s behavior. Many people don’t realize that law enforcement agents must follow specific procedural criteria. If they fail to do so, your case may be dismissed. Attorney Lievois is well versed in these requirements.

With more than 20 years of experience negotiating hundreds of drunk driving cases all over Michigan, Attorney Lievois has developed an effective working relationship with many prosecutors throughout the state. More importantly, he knows that where your case is (geographically) dictates how it should be negotiated. Not all counties are created equal.

If you’ve been charged with an OWI, it’s imperative that you contact an experienced attorney who can help to resolve your case in the most efficient and beneficial way possible to protect your livelihood and future. To schedule your free consultation, call 248-419-1566 in Troy or 810-250-4550 in Flint.


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934 Church Street, Flint, MI 48502
| Phone: 810-232-3223
1680 Crooks Road, Troy, MI 48084
| Phone: 248-498-2525

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