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Former Police Officer and Former City Prosecutor Fighting for Your Freedom

DUI Attorneys in Birmingham and Oak Park, MI

Obtaining Successful Results for Those Throughout MI

At Fraiberg & Pernie, PLLC, we understand the various problems which can result from an arrest of driving under the influence (DUI) in Michigan. Our goal is to protect you from these severe consequences. With the necessary experience under our belts, our Oak Park DUI lawyers know exactly what type of defense strategies are effective against DUI charges. You can rely on our experienced drunk driving lawyers to work hard for you to protect your rights and reduce the penalties you may be facing.

Call (248) 450-0232 to setup a FREE evaluation with an experienced DUI attorney in Birmingham or Oak Park.
We serve all throughout Oakland County!

Defense Strategies for DUI Charges in Birmingham and Oak Park

Going up against law enforcement in Michigan area can be extremely difficult, especially when the law takes drunk driving charges very seriously. The first step you should take is to retain the help of experienced DUI lawyers in Birmingham who can investigate the details of your case and determine is the most solid defense strategy for you.

A few strategies we may use to defend against your charges include:

  • Law enforcement did not have probable cause to stop you
  • The results of the field sobriety tests were inaccurate
  • You were not read your chemical tests rights, or the chemical test was not performed correctly

Michigan OWI Convictions and Penalties

In Michigan, operating while intoxicated (OWI) is defined as driving with a blood alcohol content (BAC) of 0.08% or more, 0.04% or more in a commercial vehicle, and 0.02% or more when the driver is younger than 21 years of age. On the other hand, operating while visibility impaired (OWVI) means driving a motor vehicle and being visibly affected by alcohol or drugs. The penalties (e.g. jail time, fines, license suspension, probation, classes, etc.) depend on the nature of the offense and the defendant’s drunk driving history.

The following are the OWI convictions and associated penalties in Michigan:

  • Operating While Intoxicated (OWI)
    • Alcohol or drugs in your body substantially affected your ability to operate a motor vehicle safely; a bodily alcohol content (BAC) at or above 0.08; having a high BAC means the alcohol level in your body was at or above 0.17. Some refer this high BAC as a Super Drunk.
  • Operating While Visibly Impaired (OWVI)
    • Because of alcohol or other drugs, your ability to operate a motor vehicle was visibly impaired.
  • Operating With Any Presence of a Schedule 1 Drug or Cocaine (OWPD)
    • Having even a small trace of these drugs in your body, even if you do not appear to be intoxicated or impaired.
  • Zero Tolerance
    • Under 21 years old
    • Drove with a bodily alcohol content of 0.02 or more, or with any presence of alcohol in your body except for that consumed at a generally recognized religious ceremony.
  • FIRST OFFENSE PENALTIES: MISDEMEANOR
    • Operating While Intoxicated (OWI) or Operating With Any Presence of a Schedule 1 Drug or Cocaine (OWPD)
      • $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 OWI.
      • $500 for OWPD.
    • High Blood Alcohol Content (BAC of .17 or higher)
      • One or more of the following:
      • 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.
    • Operating While Visibly Impaired (OWVI)
      • Up to a $300 fine, and one or more of the following:
      • Up to 93 days in jail.
      • Up to 360 hours of community service.
      • Driver's license restrictions for 90 days (180 days if impaired by a controlled substance).
      • Possible vehicle immobilization.
      • 4 points added to the offender's driving record.
      • Driver Responsibility Fee of $500
  • SECOND OFFENSE PENALTIES (within 7 years and any combination): MISDEMEANOR
    • Operating While Intoxicated (OWI)
      • $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.
    • Operating While Visibly Impaired (OWVI)
      • $200 to $1,000 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.
      • 4 points added to the offender's driving record.
      • Driver Responsibility Fee of $500.
  • THIRD OFFENSE PENALTIES (any time frame and any combination): FELONY
    • Operating While Intoxicated (OWI)
      • $500 to $5,000 fine, and either of the following:
      • 1 to 5 years imprisonment
      • Probation, with 30 days to 1 year in jail.
      • 60 to 180 days community service.
      • Driver's license revocation and denial if there are 2 convictions within 7 years or 3 convictions within 10 years. The minimum period of revocation and denial is 1 year (minimum of 5 years if there was a prior revocation within 7 years).
      • License plate confiscation.
      • Vehicle immobilization for 1 to 3 years, unless the vehicle is forfeited.
      • Possible vehicle forfeiture.
      • Vehicle registration denial.
      • 6 points added to the offender's driving record.
      • Driver Responsibility Fee of $1,000.
    • Operating While Visibly Impaired (OWVI)
      • $500 to $5,000 fine, and either of the following:
      • 1 to 5 years imprisonment
      • Probation, with 30 days to 1 year in jail.
      • 60 to 180 days community service.
      • Driver's license revocation and denial if there are 2 convictions within 7 years or 3 convictions within 10 years. The minimum period of revocation and denial is 1 year (minimum of 5 years if there was a prior revocation within 7 years).
      • License plate confiscation.
      • Vehicle immobilization for 1 to 3 years, unless the vehicle is forfeited.
      • Possible vehicle forfeiture.
      • Vehicle registration denial.
      • 4 points added to the offender's driving record.
      • Driver Responsibility Fee of $500.

Getting arrested for driving/operating under the influence of drugs and/or alcohol is a serious offense. Injuring or killing someone while driving/operating under the influence carries heavier consequences.

In Michigan, there are a lot of variations of what someone calls Drunk Driving. DUI, OWI, OUIN, OUIL, OUID, UBAL, DWI, and so on. Regardless of what someone calls the offense, a person who is arrested for driving/operating under the influence of alcohol, drugs or a combination of both, is facing serious consequences. That person needs a professional to adequately represent them in court. When someone is convicted for an alcohol/drug related driving offense, it could result in jail time with heavy fines and costs, can affect a person’s career, insurance premiums could increase, and possible license suspensions or restrictions. We are cognizant of the stress a person endures with a pending drunk driving case. Here at Fraiberg & Pernie, PLLC our experienced and professional attorneys can help keep your stress level to a minimum every step of the way, help keep you out of jail, and save you money.

Our Drunk Driving Attorneys are Ready to Protect the Rights of Drivers Throughout Oakland County

If you or someone you love was charged with drunk driving in Birmingham or Oak Park, MI the lawyers at Fraiberg & Pernie, PLLC can help. We are here to quickly get to work, thoroughly address your criminal charges and your driving privileges. Our firm is extremely well-versed in the laws and penalties which apply to DUI cases and can ensure you fully understand your rights and options. As a member of the DUI Lawyers Association, Attorney Pernie is highly qualified to handle these types of cases. Our Oak Park DUI attorneys are here to support you and guide you through every step of the legal process, working towards the most positive outcome, such as reduced or dropped charges and penalties.

Related Pages

For your free consultation with one of our experienced Birmingham or Oak Park Attorneys, call Fraiberg & Pernie, PLLC today at (248) 450-0232, text at (248) 425-2771, or contact us online.

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