Facing DUI or OWI charges is a serious matter that can have long-term consequences. If you or a loved one has been charged with drunk or impaired driving, securing legal representation as soon as possible is critical. The attorneys at Fraiberg & Pernie are committed to assisting individuals in Rochester Hills, Troy, Farmington Hills, Novi, Birmingham, Bloomfield Township, and West Bloomfield as they work through the legal process and fight for the best possible outcome in their case.
Michigan law uses the terms DUI (Driving Under the Influence) and OWI (Operating While Intoxicated) interchangeably. A driver can face charges if they operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. For commercial drivers, the legal limit is even lower at 0.04%. Additionally, Michigan has a “Zero Tolerance” policy for drivers under the age of 21, making it illegal for them to drive with any detectable alcohol in their system (0.02% BAC or higher).
Beyond alcohol, OWI charges can also apply if a driver is impaired due to controlled substances, prescription medications, or illegal drugs. Even if a person’s BAC is below the legal threshold, they can still be charged if law enforcement determines that their ability to drive was compromised by any substance.
DUI/OWI charges in Michigan are classified into different categories based on the circumstances of the case, prior offenses, and other aggravating factors. Understanding these classifications is crucial, as the penalties can vary significantly.
First-Offense OWI/DUI (Misdemeanor)
A first-time DUI or OWI charge is typically classified as a misdemeanor. The penalties can include up to 93 days in jail, fines of up to $500, a license suspension of up to six months, and community service. If the driver’s BAC is 0.17% or higher (known as a “Super Drunk” OWI), the penalties increase, including longer license suspensions and mandatory alcohol treatment programs.
Second-Offense OWI/DUI (Misdemeanor)
A second DUI within seven years of the first conviction results in harsher penalties. These include up to one year in jail, fines ranging from $200 to $1,000, license revocation for at least one year, mandatory alcohol treatment, and vehicle immobilization or forfeiture.
Felony DUI/OWI (Third Offense or More)
A third DUI offense or any OWI with aggravating circumstances—such as causing serious injury or death—can be charged as a felony. A felony OWI conviction can result in prison time of up to five years, fines of up to $5,000, permanent license revocation, and mandatory alcohol treatment programs. Felony DUI convictions can have life-altering consequences, making legal representation critical.
OWVI (Operating While Visibly Impaired)
This charge applies when a driver’s ability to operate a vehicle is visibly impaired due to alcohol or drugs, even if their BAC is below 0.08%. The penalties for an OWVI conviction include up to 93 days in jail, fines of up to $300, and a 90-day license suspension.
Zero Tolerance OWI (Underage Drinking and Driving)
Michigan enforces strict laws for underage drivers. A first offense results in fines, community service, and potential license restrictions. A second offense leads to harsher penalties, including longer suspensions and possible jail time.
OWI Causing Injury or Death (Felony DUI)
If an OWI results in serious injury or death, the charges escalate to felonies with severe penalties. OWI causing serious injury can result in up to five years in prison and fines up to $5,000, while OWI causing death carries a maximum sentence of 15 years in prison and fines of up to $10,000.
Regardless of whether an OWI charge is classified as a misdemeanor or felony, the consequences can be severe. Michigan law imposes mandatory penalties, including fines, potential jail time, community service, and driving restrictions. Repeat offenders face increasingly harsh penalties, including extended jail sentences and permanent license revocation.
Additionally, a DUI conviction can impact employment opportunities, insurance rates, and professional licensing. Seeking legal counsel is essential to fight the charges and reduce the potential penalties.
DUI and OWI cases can be complex, involving multiple factors such as field sobriety tests, breathalyzer accuracy, and procedural errors by law enforcement. Having an attorney with a deep understanding of Michigan’s DUI laws can make a significant difference in the outcome of a case.
The attorneys at Fraiberg & Pernie serve clients in Macomb County, Wayne County, and Oakland County, including Rochester Hills, Troy, Farmington Hills, Novi, Birmingham, Bloomfield Township, and West Bloomfield. They carefully review the circumstances of each case, ensuring that law enforcement followed proper protocols during the arrest and that any evidence used against the client is valid.
A solid defense strategy is key to reducing penalties or even getting charges dismissed. Some possible defenses against DUI/OWI charges include:
Challenging the Traffic Stop – If law enforcement did not have probable cause to pull over the driver, any evidence collected during the stop may be inadmissible.
Questioning Breathalyzer and Field Sobriety Test Results – Breathalyzer devices must be properly maintained and calibrated. If they are not, the results may be inaccurate.
Medical Conditions or Other Factors – Certain medical conditions, diets, or medications can result in false positives on breathalyzer tests.
Lack of Evidence of Impairment – The prosecution must prove that a driver was actually impaired. If evidence is weak or unreliable, charges may be reduced or dropped.
If you or a loved one is facing DUI or OWI charges in Macomb County, Wayne County, or Oakland County, immediate legal assistance is crucial. The attorneys at Fraiberg & Pernie are committed to defending individuals against DUI/OWI charges in Rochester Hills, Troy, Farmington Hills, Novi, Birmingham, Bloomfield Township, and West Bloomfield.
With a strong defense strategy, it may be possible to reduce charges, minimize penalties, or even have the case dismissed. Contact Fraiberg & Pernie today to discuss your situation and begin working toward the best possible resolution.
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