Michigan Criminal Defense Lawyer Blog

In the previous article, we dismissed the scam-notion about someone who knows someone who knows some Lawyer who can get a DUI "dropped" to the Civil Infraction of Careless Driving. In this article, we'll tackle another "urban legend" that has some people literally shaking in their boots when they contact me about their DUI charge. Again, I need to make clear that I only handle DUI cases in the Courts of Macomb, Oakland and Wayne Counties, so although I suspect that what I'm about to say is true everywhere, I can only confirm that it's true in the Tri-County area.

Part of my job as a DUI Lawyer is to make sure my Clients are well-informed. In order to be able to fully explain what will and will not happen in any given case, I believe it's essential for me, at least, to limit my practice geographically so that I appear in the same Courts, in front of the same Judges, day-in and day-out. This allows me to learn how each Judge handles a DUI case, and in turn, I can prepare my Client for what to expect.

The "urban legend" that I hear often enough to warrant addressing is that the Judge who will be hearing my Client's case had a son or daughter killed by a Drunk Driver. In certain cases, it may be that the person has heard that one of the Judge's in a particular Court has suffered this loss, but the point is the same. So let's get rid of this rumor right now:

There is NO JUDGE in any of the Courts in the Tri-County area who has lost a child to a Drunk Driver. Not one.

If there was even a grain of truth to any of this, you would expect that either that Judge would recuse (disqualify) him or her self from hearing DUI cases, or at least have faced a rash of motions for recusal by Lawyers for those facing DUI charges.

But it never happened.

If you or someone you know is facing a DUI charge in the Tri-County area and have heard this rumor, you can take it to the bank that it's absolutely, 100% false.

DUI charges come loaded with enough problems, but this, at least, isn't one of them.

I handle a lot of DUI cases, and I speak with a lot of people facing this charge. Over the years, I have repeatedly heard a few things that could politely be called "urban legends," but that I think are more accurately described as bulls**t. To be clear, I am about to dismiss these notions completely, but once again I must repeat that since I only handle DUI cases in the Courts of Macomb, Oakland and Wayne Counties, I cannot say for sure what happens in other places (although I strongly suspect that neither of these "fables" is true outside of the Tri-County area, either). In this article, we'll deal with the "deal of the century" scam involving the worlds greatest Plea Bargain. In the next article, we'll dismiss another often-mentioned, but never-true rumor.

The first "urban legend" I hear is that someone knows someone else who knows some lawyer who can have a DUI dropped to the civil infraction of Careless Driving. This "deal" is usually available for a hefty legal fee, all paid in advance. This deal does not happen. Ever. Alcohol-related Traffic Offenses are never, ever, ever "dropped" to civil infractions, or any other kind of non Alcohol-related Traffic Offense, except in the most unusual, exceptional and rare kind of case. This kind of case comes along once every few years, at most.

When someone runs this kind of hair-brained idea by me, I first tell them that such "deals" don't happen, and then I suggest that if it's such a sure thing, they should work out some kind of arrangement with the lawyer which provides a refund of some of that hefty fee if the deal doesn't go down as they've been made to believe.

Not surprisingly, that kind of deal doesn't happen, either.

Think about this for a moment; the internet is filled with all kinds of Legal websites dealing with DUI. Some, like mine, detail how DUI cases are usually handled. Others focus on (very expensive) ways to challenge the case, but absolutely none of them even hints at the "dropped to a careless" deal. Could it be that, different as the approaches of the various Legal websites may be, they are all at least above-board, whereas the phantom "deal" which always comes secondhand is a scam?

Listen, if you think a deal like that can be had, let me help you get rich. See, I got an e-mail from this Princess in some far away country who has a few hundred million dollars stuck in her bank account, and in order to get it out, she needs your help....

Read on to the next article to find out which other completely untrue rumor often freaks out someone facing a DUI in any particular Court.

Most Lawyers who write anything at all about DUI cases tend to focus on the Evidence and ways to beat the case. However optimistic those sales pitches may be, the plain truth is that the overwhelming majority of DUI charges result in some kind of conviction. In most cases, after the Arrest, and after a person has been Arraigned, their Lawyer will work out some kind of "Plea Deal" that either reduces the severity of the offense or results in a Sentencing agreement or bargain.

This article will focus on what I consider to be, by far, the most important (and least talked-about) aspect of a DUI case. If the case is not dismissed on some technicality, or unless a person has gone to Trial and been found "Not Guilty," some kind of Plea deal will have been worked out by the Lawyer. By law, after a Plea (or conviction, if a person has gone to Trial and lost), but before the Sentencing can be imposed by the Judge, a person must undergo a mandatory alcohol evaluation.

This consists of a written alcohol-use questionnaire, along with an interview by a Probation Officer. This whole process is called the PSI, or Pre-Sentence Investigation. The end product of this process is a PSI Report, or Sentencing Recommendation. Michigan law requires that this Report be provided to the Judge at or before the time of Sentencing to help him or her decide what to do. On the date of Sentencing, both the person being sentenced and their Lawyer are required to read this Report before going in front of the Judge.

It is accurate to say that, almost without exception, whatever is recommended by that Report is exactly what the Judge is going to order. In other words, it is less accurate to call that Report a Recommendation than it is to call it a "blueprint" for what's going to happen.

I know that anyone reading this who has ever been through the DUI process before, (whether for themselves of with someone else) knows this to be true. In fact, I can safely say to anyone who has been through the DUI process before that whatever was recommended in that Report was, likewise, ordered by the Judge.

This means that unless a person is charged with a DUI where the Evidence is weak enough to be dismissed by the Judge, or otherwise has a Defense to the charge strong enough to "beat" it at Trial, they will be undergoing this PSI. And it also means that when the test has been taken and the interview with the Probation Officer completed, the final outcome of their case will have pretty much been determined. The Probation Officer "scores" the person's alcohol test. All of these test are "graded" with a numerical score; generally, the higher a person's score, the more likely they are to have or to develop and alcohol problem. Conversely, the lower a person scores, the less likely it is that they have an alcohol problem, or have the potential to develop one.

Continue reading "Michigan Drunk Driving - What Happens in a DUI Case " »

As a License Restoration Lawyer, I help people understand the License Restoration process and answer lots of questions about it. It has been my hope that the numerous articles on the Blog in the Driver's License Restoration category can help explain the process and answer many of those questions.

One question that comes up quite frequently from people who've had their License revoked because of multiple DUI's is something like "Can't we just go to Court and get some kind of Restricted License?"

Generally speaking, the answer is "no," but there is an exception, although it applies to a small, and shrinking group of people. The reason I point it out is that in the last year alone, 2 of the License Restorations I handled fell into this category.

For anyone whose last DUI occurred in 1991, or earlier, then the possibility of going to Court and getting a License Restored does legally exist. If a person's last DUI occurred in 1992, or any time thereafter, then there is NO possibility of having a Revoked License Restored in Court.

Here's why: In 1992, new DUI laws went into effect that completely eliminated what were known as "Hardship Appeals" in License cases. A Hardship Appeal simply meant that a person whose License had been Revoked for multiple DUI's could go to Court, and demonstrate how not having a Driver's License was a hardship upon them, and ask the Court to grant some kind of License. That whole process was eliminated by the 1992 law, and from that point forward, any new License Revocation could not be undone except by a License Appeal to the Michigan Secretary of State's DAAD (Driver's Assessment and Appeal Division, which was then known as the DLAD, or Driver's License Appeal Division). Beyond where the Appeal was to be filed, the whole hardship thing went out the window. In other words, it couldn't matter less how difficult life became without a License. Hardship was no longer a basis, or even part of one, for a multiple DUI Revoked License Appeal. New rules governing License Appeals went int effect.

Continue reading "Driver's License Restoration in Michigan - Can I go to Circuit Court for a License?" »

This installment will return to the subject of 2nd Offense Drunk Driving, or Operating While Intoxicated (OWI) charges. As a DUI Lawyer, my actual Practice is limited to handling cases in the District and Circuit Courts of Macomb, Oakland and Wayne Counties. I point that out because what I write here is the product of my experience in these Courts. I have no idea how things are handled elsewhere, and the outcome of any case pending beyond the Tri-County area might be very different from what I describe here.

I think it's fair to say that everyone knows that there are essentially 3 kinds of DUI cases: 1st, 2nd, or 3rd Offenses. And everyone pretty much likewise knows that a 1st Offense is generally not that bad, and a 3rd Offense is a Felony, and a nightmare to boot.

What about 2nd Offenses?

The first thing to say about a 2nd Offense is that (if the case is not one of those few that are "beatable"), then how bad things will turn out for the Driver depends more than anything else, on where (what City) the case is pending. Certain Courts are just plain tougher on any DUI than others. In fact, a few Courts are WAY tougher on DUI's than all the others. In the interests of good Lawyer diplomacy, I'll say no more on that subject here.

Another very important thing about 2nd Offense cases, completely independent of where they're pending, is that they represent the crossroads between having a serious alcohol problem, or not. Statistically speaking, anyone facing a 2nd Offense DUI has a much-elevated likelihood of having an alcohol-problem compared with the general population. In fact, a 2nd Offense automatically causes a person to be categorized as a "Habitual Offender" under Michigan Law. Amongst the many implications of that categorization is the Mandatory Revocation of the Driver's License for at least 1 full year.

For anyone facing a 2nd Offense, beyond the relative leniency or toughness of the particular Court where their case is pending, the issue becomes whether or not this charge is the symptom of a much deeper alcohol problem, or is rather a case of repeat poor judgment. Try to imagine the Judge's perspective: Every single 3rd Offense Felony Drunk Driver was, before that, a 2nd Offense Drunk Driver who probably said something like "it won't happen again."

Continue reading "DUI 2nd Offense in Michigan - Am I Going to Jail?" »

As a Practicing Criminal, DUI and Driver's License Restoration Lawyer, I explain something about this area of the law, to at least someone, pretty much everyday. In this Blog, I have tried to address questions that I hear again and again, and this article will focus on one of those. Anyone facing a 2nd DUI within 7 years will eventually learn that there is a Mandatory License Revocation, meaning that their License will be completely taken away for at least 1 year. Concerned about their ability to work, or go to school, or go to the Doctor's, they ask:

"Can't I just go to Court to get some kind of Restricted License?"

Across the board, the answer is "No."

Prior to 1998, the Court hearing a DUI Case had to impose the Licensing Sanctions on the Driver. Different cases, and different Courts produced often very different results in similar circumstances.

In 1998, Michigan overhauled its Drunk Driving Laws. That overhaul came to be known as the "Habitual Offender" legislation. Among the sweeping changes to the DUI laws in Michigan was the transfer of authority over all DUI Licensing Sanctions away from the Courts, and directly to the Secretary of State. After the laws went into effect, it was no longer possible for a Judge hearing a DUI to make ANY decisions whatsoever about the Driver's License.

Moreover, the new law provided fixed, Mandatory Penalties for every kind of DUI (and Operating Under the Influence of Drugs) case. A 2nd Offense DUI within 7 years of the 1st results in a Mandatory 1 year License Revocation. A 3rd Offense within any 10 year period carries a Mandatory Revocation for at least 5 years. Interestingly, most people facing a 3rd DUI within 10 years are already painfully aware that their License will be yanked for a long time. They're more concerned about "when" rather than "if."

Let's look at an example: Prior to the Habitual Offender laws, if a person got a 2nd DUI within 7 years, but had the charge plea-bargained down to a 1st offense, the Judge could issue a Restricted License after 60 days of full suspension. After the Habitual Offender laws took effect, however, the Courts no longer had any power over a Driver's License. Beyond stripping the Courts of authority over a DUI Driver's License and rather than take into account what Plea Deals a person had made, the transfer of that power to the Secretary of State simply required it to count the total number of Alcohol-Related offenses a person had accumulated over a period of 7 or 10 years.

Continue reading "Michigan DUI 2nd Offense and Driver's Licenses - Can't I just go to Court to get some kind of Restricted License?" »

As a Criminal Defense Lawyer who handles a substantial number of DUI Cases each year in Macomb, Oakland and Wayne Counties, there are some questions that I am asked again and again. Chief among them are questions about what will happen to the Driver's License. This article will focus on what happens to a person's Driver's License as a result of an OWI (Drunk Driving) conviction.

Let's begin with the arrest part first. Under Michigan Law, when a Police Officer arrests someone for Drunk Driving, they must confiscate and destroy that person's Driver's License. In its place, the person will be given a Michigan Temporary Driving Permit, sometimes called a "paper license." Because the person is presumed innocent until proven guilty, that paper license is every bit as good as the original which it replaces. In other words, a person still has the same license they did before the arrest, except that their picture ID has been replaced by the "paper license."

If a person is subsequently convicted of a Drunk Driving offense (whether by a Plea, Plea-Bargain, or a Trial Verdict), the Michigan Secretary of State, and NOT the Court, imposes the License Penalties. These penalties are absolute; they cannot be modified in any way, under any circumstances. They are as follows:

1st Offense:

OWI (Operating While Intoxicated) - 6 month suspension of the Driver's License, with no driving whatsoever for the first 30 days, and a Restricted License for the remaining 5 months. Restricted License allows driving to, from, and during the course of work, school, and to and from any necessary medical treatment, AA or support-group meetings, and to complete anything the Court ordered as a result of the conviction.

OWVI (Operating While Visibly Impaired) - 90 day Restricted License.

2nd Offense (within 7 years of the 1st):

OWI and OWVI - Mandatory 1 year minimum License Revocation. This means no License, and NO POSSIBILITY for any kind of License, for at least 1 full year.

3rd Offense (within 10 years of the 1st):

OWI and OWVI - Mandatory 5 year minimum License Revocation. This means no License, and NO POSSIBILITY for any kind of License, for at least 5 full years.

These License Penalties kick in after the Court handling a Driver's case sends Notice to the Secretary of State of the Conviction. The Secretary of State then sends a Notice of the Licensing Penalty (called an Order of Action) to the Driver. Usually, the Driver will receive the Notice several days before the License Penalties start.

Because a substantial part of my Practice as a Criminal Lawyer involves DUI (technically OWI) cases, I speak with a lot of people, and answer a lot of questions about these cases. One of the more common questions I am asked is something like "should I get into some kind of Counseling or Treatment Program?" Here's some good news: this is one question that has a pretty clear-cut answer.

Let me begin by first pointing out that my Practice is limited to Macomb, Oakland, and Wayne Counties. On occasion, I'll take a case in St. Clair, Lapeer, or Livingston County, but I go no further, and thus I have no experience anywhere else. Let's also begin with the kind of cases where the answer to that question is always "YES."

In all Second Offense OWI (DUI) and Third Offense OWI (DUI) cases, the law requires that a person who is found guilty of, or pleads guilty to such a charge, to undergo some kind of Counseling or Treatment. In other words, if a person ends up with a 2nd or 3rd Offense DUI (All 3rd Offense Cases are Felonies, and there is nothing higher than a 3rd offense; even a person's 7th DUI is only charged as a 3rd) and they do not "beat" the case, they must be ordered, by the Judge, into some kind of Counseling or Treatment.

Now, given that a person is going to have to get into some kind of Program, it only makes sense to start that process early. No matter what the facts of a person's case, it can only help matters to have a Client who has already demonstrated the foresight to take action regarding a drinking issue. And make no mistake, because all 2nd and 3rd Offense DUI's fall under what in Michigan is known as the "Repeat Offender Law," it is generally assumed anyone with 2 DUI's within 7 years, and 3 or more within their lifetime, has a problem.

As a Lawyer who represents people facing DUI charges, I can, in cases where "winning" or "beating" the charge is not likely, very often negotiate a better outcome for my Client if I can show the Prosecutor that the person has already been proactive enough to get some kind of help.

Continue reading "DUI in Macomb, Oakland or Wayne County - Is Counseling or Treatment a good idea?" »

In this article, we'll look at the most common DUI, or Drunk Driving charges in Michigan. This is the third in a series of "Short Version" articles taken from a longer, prior Blog post. We'll examine the most common terms used when discussing Drunk Driving in Michigan. As a DUI Lawyer, I am often asked about the "alphabet soup" of terms that surround this group of Charges. Let's get right to it:

OWI is the actual name for DUI or Drunk Driving in Michigan. It means Operating While Intoxicated. This offense carries 6 points, a mandatory 6-month suspension of the Driver's License (with a restricted license that is granted after the first 30 days of no driving), and carries fine of up to $500, plus Court Costs. This usually means a person will be paying somewhere between $700 to $1500 in total fines and costs, depending on which Court is handling the case.

OWVI, or Impaired Driving, is the term for the less-severe form of Drunk Driving or Operating Under the Influence of Drugs (OUID), which is discussed below. This charge carries 4 points, a 90 day restriction of the Driver's License, a fine of up to $300, plus Court Costs. As the Lawyer representing a person charged with OWI, I will, if the case against them is "solid," negotiate, a "Plea Bargain" from OWI (or OUID) to the less-severe charge of Impaired Driving. The total final amount a Driver will pay to the Court ranges from between $600 to $1100, again, depending on where the case is being heard.

OUID, or Operating Under the Influence of Drugs, is just like OWI, except that instead of being under the influence of Alcohol, the Driver is under the influence of Drugs. The less-severe form of this charge is the very same OWVI, or Impaired Driving that is examined above.

OWPD stands for Operating While In the Presence of Drugs. Cases brought under this law are, fortunately, not so common. What it means is that if a Driver tests positive for Drugs in their system, then they are "OWPD." There is no need to prove that they were under the influence of those drugs. For example, a person who tests positive for marijuana, and who used it 3 weeks before that test, although clearly no longer under its influence, can be charged with OWPD merely because of that positive test result.

Of course, the consequences for any of these Offenses ramps up dramatically if it is charged as a 2nd or 3rd Offense. Generally speaking, 3rd Offenses are Felonies.

OUIL, UBAL and UBAC are all terms that are no longer part of Michigan law (UBAC never was).

DUI is a general term used to describe Drunk Driving, even though there is no law entitled or addressing "DUI" in Michigan. The term is means "Driving under the Influence," although as you can see even from the brief description of Michigan's laws as outlined above, one might be tempted to ask "driving under the influence of what?" Michigan law makes very clear whether the Charge involves Alcohol, and if so, whether the Driver was "drunk" or merely "impaired," or if the charge instead refers to being under the influence of, or being impaired by the use of Drugs.

A more thorough review of the potential penalties a Driver faces in any of these charges is laid out in the "Common Charges and Penalties" page of my website.

In my role as Criminal Defense Lawyer with an office in Macomb County, I have contact with all kinds of people from the Metro-Detroit area. Some of these people are the Defendant's themselves, some family, and others interested friends. Sometimes, the facts of a given case are so completely beyond dispute that I will be asked by the Defendant or their family or friends "Do I (or does the Person charged with a crime) really need a Lawyer?"

Now, you can probably guess my answer to that question, but the reason for it may not be as obvious. Sure, there is always the possibility of some technicality coming to light which can be discovered by an astute Lawyer, but the focus of this article is more about what a Defense Lawyer can do in pretty much each and every case, no matter how bad things might appear, rather than on some once-in-a-blue-moon turn of luck.

First, and just as a general observation, try and recall anyone in the Public Spotlight who has ever been charged with a crime and didn't have a Lawyer. Even in the age of video, where some crimes are caught on tape and a person's guilt appears to be a foregone conclusion (like the Police Officers caught on tape in the Rodney King beating), anyone familiar with the Legal System will always have a lawyer as they maneuver through it.

There's an old saying, referring to Lawyers, that "The Lawyer who represents himself has a fool for a client." Lawyers, perhaps more than anyone, recognize the importance of having Professional Representation. When Geoffrey Feiger faced (and was ultimately acquitted of) Federal charges related to Political Contributions, he hired a Lawyer (none other than the legendary Gerry Spence). And whether you like him or not (I do, and not just because I'm a Lawyer) you'll have to admit that Feiger is one good Lawyer. I'll bet most people would be hard-pressed to name any other Lawyer as good as Feiger, much less anyone even remotely in his league. Yet, despite being more than able to take on (and usually beat) anyone in a Courtroom, Fieger didn't do that; instead, he had Professional Representation.

So, what can a Lawyer do for someone who, for whatever reason (really bad prior record, crime caught on tape, solid confession, etc.) appears to be in a hopeless (and helpless) situation? What should a person look for in a Lawyer that will help them decide who to hire, and just as importantly, not to hire?

Continue reading "Criminal Cases in Michigan - Do I need a Lawyer?" »

As a Drunk Driving Lawyer who handles DUI Cases in all of the District and Circuit Courts of Macomb, Oakland and Wayne Counties, I am often asked about the somewhat new Michigan Law that a provides that a person who has two prior Drunk Driving (also called DUI, DWI, OUIL and/or Impaired) convictions, and who is arrested for a third time for any Drunk Driving charge, no matter how long ago any of those two prior offenses occurred, faces a Felony Charge. In an earlier Blog post, I described the differences between these various charges and explained what they mean. It seems there is a lot of confusion regarding when and how a person can be charged with 3rd Offense Drunk Driving.

Many people are not aware of the change in the law (Known as Heidi's Law) that got rid of the provision that a person was subject to a Felony Charge only if they racked up 3 Drunk Driving charges in 10 years. This new law, which took effect on January 3, 2007, now allows Prosecutors to count any two prior Drunk Driving convictions, regardless of what they were (OUIL, UBAL, OWI or OWVI) or when they occurred within a person's lifetime, in order to make the Felony Charge.

In 1998 what was dubbed Michigan's "Repeat Offender Law" changed what had been a somewhat confusing landscape of Alcohol-related Driving Offenses. The law was streamlined and simplified, and at the same time, made tougher. After passage of the Repeat Offender Law, any combination of 2 Impaired, OUIL, UBAL, or OWVI (and now OWI) charges within 7 years was to be handled as a Second Offense, and any combination of 3 of those charges within 10 years was to be handled as a 3rd Offense Felony.

This new law now gets rid of that 10 year provision. This means, for example, that someone who had an impaired driving 25 years ago, and another 17 years ago, and who is now arrested for another Drunk Driving offense is to be charged with a 3rd Offense, which is a Felony punishable by up to 5 years in Prison.

It does not matter if any of the prior offenses resulted in convictions for Impaired, OUIL, OWI or UBAL or any combination of them; the only thing that matters is that it's the Driver's so-called "3rd Strike." Now, a person is essentially "at bat" for the rest of their life after their 2nd Drunk Driving conviction. Should you find yourself facing a 3rd Offense charge, remember to be a good consumer and check out all of your options. Speak with as many lawyers as you can (including me) until you find one in whom you have confidence, who you can afford, who does not make promises that seem too good to be true (they usually are) and with whom you are comfortable.

It seems there's an "alphabet soup" of terms (acronyms, actually) used to describe what we commonly know as "Drunk Driving." Some are accurate, some are obsolete, and some just plain wrong when used to describe "Drunk Driving" in the State of Michigan.

The purpose of this article is to define and explain these terms. A complete review of their consequences is laid out in the "Common Drunk Driving Charges and Penalties" section of my web site.

Let's begin with terms that Drivers in Macomb, Oakland and Wayne County are likely to see:

OWI - Operating While Intoxicated. This is the actual term used in the law to describe a Drunk Driving charge in Michigan. OWI applies to Driver's whose Bodily Alcohol Level (BAC) is .08 or higher.

OWVI - Operating While Visibly Impaired. This is the term used to describe the less-severe type of Drunk Driving (and Impaired by Drugs) Charge. More commonly referred to a "Impaired Driving," this charge applies to Driver's whose BAC is below the level of .08, and Driver's whose abilities are impaired by Drugs or Controlled Substances.

OUID - Operating Under the Influence of Drugs. This charge is to Controlled Substances and Drugs what OWI is to Alcohol.

OWPD - Operating in the Presence of Drugs. This charge refers to a Driver who is found to have any amount of Drugs (for which they don't have a prescription) or Controlled Substances in their system. Fortunately, it's not a very common charge, but it means, for example, that a Driver who tests positive for Marijuana, even though they may not have used it all (second-hand smoke) or who used it weeks ago, is presumed to be in violation of the law.

Continue reading "DUI, OWI, OUIL - Michigan Drunk Driving Terms" »

Any lawyer who regularly handles Drunk Driving cases in Macomb, Oakland or Wayne County gets asked this question at least several times per week. I know that, as a Drunk Driving Attorney, I am asked all the time. I usually answer with a cautious "It depends...."

The truth is, there is no simple, or one-size-fits-all answer. There are several factors that must be looked at in order to come up with an answer.

First, and most important is in which Court (what city) is the case being heard? To illustrate, let's take a typical, real life example of a person with a First Offense OWI. Assume the lawyer gets the charge reduced to what's known as "Impaired Driving," or OWVI.

The question we have here, then, is how much will this first-offense "Impaired Driving" cost?

The short, and best answer, is that it depends, more than anything else, on which Court is hearing the case. For example, not too long ago, a First Offense Impaired Driving in the 42-2 (New Baltimore) Court usually netted a fine and costs of $450. That same offense, in the 41-B (Clinton Township) Court, usually resulted in a fine and costs of about $950. Most other courts in the Tri-County area charged somewhere between those amounts.

Second, the whole cost paid by a Defendant is not limited to a "fine." Going back to the Impaired Driving example above, the penalties for Impaired Driving allow a fine of "up to" $300, plus costs. It's usually the "costs" that are both difficult to accurately predict and which cause people the most problems. Thus, in that above example, the 42-2 Court charged $300 in fines, plus $150 in costs. The 41-B Court charged $300 in fines plus $650 in costs. Costs vary widely form Court to Court.

Third, a growing number of municipalities have enacted ordinances which allow them to charge, in addition to any court fines and costs, for the actual Police Officer/Emergency Responder time spent in handling the case, right up from the point of arrest, through booking, holding, releasing, cleaning the jail cell, preparing the Police Report, and any other action connected with the offense. These are sometimes called as "Emergency Responder" costs. For those municipalities that do seek reimbursement, the amount, while it varies from place to place and case by case, usually adds up to somewhere between $250 to $350.

Beyond the expense of the fine, the costs, and any Emergency Responder/Police Officer reimbursement, there are several other additional expenses involved in any Drunk Driving or Alcohol-Related Traffic Offense. Of course, there are the lawyer's fees, as well.

Continue reading "How Much Fines and Costs will be required in my Metro-Detroit Drunk Driving Case?" »

Michigan Drivers facing a Drunk Driving charge may face even stiffer penalties than ever, depending on the results of the alcohol breath test taken after their arrest. Under the new law, dubbed the "High-BAC Law," which takes effect on October 31, 2010, Michigan would join 45 other states in enacting what is also know as a "Super Drunk" Driving law. Under the new statute, drivers charged with OWI (Operating While Intoxicated) who have a BAC (Bodily Alcohol Content) of .17 or higher, face higher penalties than they otherwise would if their BAC is below .17 Currently, any Michigan driver with a BAC of .08 is presumed to be Driving Under the Influence (DUI).

The major impact of this new Legislation can be examined in this Michigan New Ignition Interlock Law. from the Michigan Secretary of State's web site.

Amongst the most significant changes made to Michigan's existing Drunk Driving Laws, the new law provides the following for First Offense Drunk Driving:

1. An increase in the maximum jail term from 93 days to 180 days

2. A mandatory 1 year suspension of the Driver's License; after 45 days, a Restricted License may be issued if the Driver installs an Ignition Interlock Device in their car. This breath-testing device prevents the car from starting if the Driver has a BAC of .25 or higher. The device likewise requires periodic tests while the vehicle is being driven.

3. A maximum fine of up to $700, as opposed to a maximum of $500 in a regular OWI.

4. Mandatory enrollment in and completion of an Alcohol Treatment Program or attendance at a Self-Help (AA or 12-step type) Program for at least one year

Driver's with prior DUI's face even stiffer penalties.

For all of the ink being spilled about what the effect of the new law will actually be, it remains to be seen how things play out. For example, in most First-Offense Drunk Driving (OWI) Cases, the driver is usually able to have his or her attorney negotiate a Plea Bargain which reduces the final charge to Impaired Driving (OWVI). These drivers, if allowed to plead to the reduced charge, would avoid the penalties associated with the new law.