Michigan Criminal Defense Lawyer Blog

As a DUI Lawyer, my focus is on extracting my Client from as much trouble as possible. While Legal Fees are an important issue to both me, and my Client, those fees are just one of several costs involved in a Drunk Driving case. In the same way that a physician generally cannot and does not concern themselves with the associated costs involved in properly treating an ailment, (meaning things like bandages, physical therapy, prescriptions, etc.), a Lawyer does not have a specific price figure available to tell someone how much a DUI will ultimately total once all associated fees and costs are calculated.

It can be generally observed that the better the consequences are managed, the less the whole debacle will cost.

There are a few things that are pretty much written in stone, however, when it comes to the cost of getting popped for a DUI. Here are 2 that top any list:

1. It's going to cost, and it's going to cost a lot. Even if you have been completely and totally wrongfully arrested for a DUI (which is, in itself, not a very common occurrence), just demonstrating that is going to require a substantial Legal Fee.

2. Unless the case is somehow dismissed, or "knocked out," there will be lots of additional costs and fees for about 2 to 3 years to come. They run into the thousands of dollars.

I was motivated to write this article precisely because, as a Drunk Driving Lawyer, my primary concern is to protect my Client from as many potential consequences of a DUI charge as possible. Some of those consequences are purely financial in nature, but others, like going to Jail or getting stuck in some Rehab, are not. Let's examine some of the money consequences of a DUI charge in the following paragraphs.

First, let's assume we're talking about a case that is not so weak that it will be "thrown out," or dismissed for some unlikely reason. Instead, we'll assume that we're talking about the garden variety, "got-pulled over for weaving at 2 a.m." kind of DUI.

The Arrest itself will cost money. Many cities and townships have "cost recovery statutes" that mandate that a person pay back the municipality for the police time, and supplies involved in their arrest, booking, and jailing. These costs can range from $150 to $350.

Getting out of jail the next day will often cost money. Sometimes, a person is let out after someone comes up and posts a $100 "Interim Bond," while in other cases, the person is held until they can be brought before a Judge or Magistrate and have a formal Bond set. These bonds can range from $100 to $750.

Continue reading "Getting a DUI in Michigan - It's Going to Cost a Lot!" »

As a DUI Lawyer, I have written extensively about this subject, and have frequently talked about "Impaired Driving," or "Impaired." In most articles I have seen, both my own and those written by others, the subject of Impaired arises in a discussion of DUI in general. This article will focus specifically on Impaired Driving, and attempt to explain why it's such a big deal, in so many ways.

If you have been searching for information about a Michigan DUI, or have spoken with anyone who works in the Court, Law Enforcement or Legal System, then you have no doubt heard the term "Impaired."

In Michigan, Drunk Driving, or DUI, is technically called Operating While Intoxicated, or OWI. Not that many years ago, the technical name for Drunk Driving was "Operating Under the Influence of Liquor," or OUIL. When Michigan adopted the national standard setting Bodily Alcohol Content for Drunk Driving at .08, it likewise change the name of the Offense from OUIL to OWI. Under the old OUIL Laws, Drunk Driving in Michigan was defined as having a Bodily Alcohol Content (BAC) of above .10.

Also, under the old OUIL Laws, a person with a BAC of between .10 and .07, was guilty of a less severe form of Drunk Driving, known as Impaired Driving. In essence, Impaired sort of meant driving with a "buzz," while OUIL meant driving while Drunk.

When OWI with it's .08 became Michigan Law, Impaired Driving was NOT abolished. Instead, the old .07 standard was dumped, leaving Impaired with no defined BAC.

This amounted to a HUGE break for anyone who makes a mistake by driving after having had a little too much to drink, especially for those who have had no prior DUI cases for more than 7 years from the date of any new charge. Just to be clear, any 3rd Offense in a person's LIFETIME is a Felony, so we're only talking about 1 prior, here.

The break and benefit of an Impaired is that it carries less severe penalties than does an OWI. Both the old OUIL and its successor, OWI, carry the same penalties. Let's compare the penalties of Impaired to those of OWI, so we can see why Impaired can be considered such a huge break:

Continue reading "DUI and OWI in Michigan - The Big Deal About and Meaning of "Impaired"" »

A recent Channel 7 News story about local Police cashing in on Tickets struck a familiar chord with me. A big chunk of my Practice involves DUI's and Traffic Tickets. I often find myself explaining to a Client that, above and beyond any facts in their case, it represents revenue to the City in which the case was brought. Now let's be clear, I'm not talking about major crimes here. Instead, I mean DUI's, Suspended/Revoked License charges, Traffic Tickets, Possession of Marijuana and similar, local Misdemeanors.

I could literally list hundreds of examples, but one that comes up as much as any other occurs when a Client has been arrested for a DUI. The person might have been pulled over for speeding, and then ask me something like "I was only a few blocks from home. Why couldn't he (the arresting Police Officer) have just let me call home and get a ride?"

I then explain to my Client that, besides the fact that Driving Under the Influence is a crime, to the City (or Township, or Village, or whatever) their arrest represents revenue. And a nice chunk, at that.

In addition to the Fines that the City picks up in one of these cases, the Court supports itself by imposing Costs, as well. Add to that the cost of supervised Probation for a year or more, and just letting that DUI Driver go means sending better than a thousand dollars out the door.

Even a simple Traffic Ticket, which represents only a few minutes of Police time, generates better than $100. If you figure that into an hourly rate, the Police Officer is more than earning his or her salary back for the City.

This is why, in most Traffic Ticket cases, a person with a decent Driving Record can hire a Lawyer, take the case to Court, and wind up walking out with a deal that keeps any and all points of their Record. Of course, part of that deal is paying the fine on a "non-reportable" Traffic offense. From the City's financial point of view, they are still making money.

Continue reading "Drunk Driving and Traffic Tickets in Michigan - The Money-Making Speed System" »