Operating While Intoxicated (OWI)

Operating While Intoxicated (OWI), often referring to as DUI, can be a serious crime under Michigan law, and it is important to not only understand the charges brought against you, but to retain an attorney who has experience fighting and defending those charges. Under Michigan Vehicle Code §257.625, you may be charged with OWI if you are suspected of operating a motor vehicle when your blood alcohol concentration exceeds Michigan’s .08 legal limit, or simply when you operate a motor vehicle under the influence of alcohol or drugs even if your BAC is under the legal limit.

The consequences of an OWI charge can be severe and lasting, and ti important to speak with a knowledgeable attorney about the potential consequences you may be facing. If you are convicted of an OWI, you face the following potential punishment:

  • Fines and court fees
  • Suspension, restriction, or even revocation of driver’s license
  • Immobilization or impoundment of your vehicle
  • Use of an ignition interlock device on your vehicle
  • Points on your driver’s license, and accordingly, increased insurance premiums
  • A jail or prison sentence
  • Risk of job loss

Given what is at stake, it is critical you hire a criminal defense attorney who has experience defending against OWI charges and the potential consequences these charges come with. The sooner you contact ZAYID LAW, the sooner I can investigate the facts of your case, preserve your rights, and fight for the best possible outcome.

Penalties for a Michigan OWI Conviction

While you may receive serve punishment for a first offense OWI, the penalties only become harsher for every subsequent conviction, and, in some cases, if your BAC is significantly above the legal limit.

Penalties for OWI are codified under Section 257.625 of the Michigan Vehicle Code, though they can also be determined by what the presiding judge considers to be “reasonable” based on the facts, evidence, and circumstances of a case. Contact ZAYID LAW to receive a free initial case analysis to review the facts and circumstances of your case.

FIRST OWI OFFENSE: Misdemeanor

  • Up to 93 days in jail
  • A fine of up to $500
  • Community service for up to 360 hours
  • Suspension of your driver’s license for 30 days, and then restriction of your license for 150 days
  • Six points added to your driver’s license

SECOND OWI OFFENSE: Misdemeanor

  • Up to 1 year in jail, with a mandatory minimum of 5 days
  • A fine of up to $1,000
  • Community service for 30 to 90 days
  • A minimum 1 year driver’s license revocation, OR a minimum of 5 years if your license has been revoked within the preceding 7 years
  • License plate confiscation
  • Your vehicle may be immobilized or forfeited
  • Six points on your driver’s license

THIRD (OR MORE) OWI OFFENSE: FELONY

It’s a felony in Michigan when you get a third or subsequent OWI conviction within your lifetime, or have two or more convictions for certain other types of offenses. The penalties for a felony third or subsequent OWI conviction may include:

  • A prison sentence of 1 to 5 years
  • Probation plus a jail sentence of 30 days (required minimum) to 1 year
  • A fine of up to $5,000
  • Community service for up to 180 days
  • Revocation of your driver’s license (up to 5 years)
  • Six points on your driver’s license
  • Confiscation of your license plate

HIGH BAC OR “SUPER DRUNK” OWI

When you are accused of having a BAC above .17, you are considered “Unlawful Blood Alcohol Level” or “Superdrunk” and will be met with harsher penalties. First offense is a misdemeanor, though you may also face the following penalties:

  • Up to 180 days in jail
  • A fine of up to $700
  • Community service for up to 360 hours
  • Driver’s license suspension for up to 1 year, with a restricted license possible after 45 days if you get an ignition interlock device installed on any car you own or drive
  • Six points on your driving record
  • If you are pulled over and charged for driving without an ignition interlock device, your license plate may be confiscated and Michigan law requires that your vehicle be immobilized.

How Does Zayid Law Defend Your OWI Charge?

There are several findings of fact that the system must prove beyond a reasonable doubt in order to convict you of OWI:

  1. Under the influence of alcohol or drugs
  2. Operated a motor vehicle
  3. Your ability to drive was impaired because of the consumption of alcohol or drugs

The system builds its case against you based on the evidence collected by the police. However, that evidence is not always perfect. ZAYID LAW recognizes the imperfections in the way in which police investigate the scene, collect chemical or blood testing, chain of custody issues, unlaw searches and seizure violations, etc. ZAYID LAW knows what to look for in order to challenge the charges brought against you and to maximize your opportunity to fight the charges.

Some common defense strategies in OWI cases include:

  • No probable cause for traffic stop
  • Improper BAC or chemical blood test;
  • Inconclusive results of breath or chemical blood test
  • Failure to obtain search warrant or Illegal search warrant in obtaining a sample from you
  • No probable cause to arrest you
  • Improper reading of your Miranda rights upon arrest

Why ZAYID LAW For Your OWI Charge?

ZAYID LAW has the knowledge and experience to defend against first, second or third DUI offenses to protect our clients from even the most severe potential consequences. We will scrutinize every step of the investigation and arrest to determine if the police or arresting officers made any mistakes that could lead to your exoneration. Our team will explore every potential strategy to ensure you receive the best possible outcome for your case.

ZAYID LAW understands that with OWI charges, you need to act fast. I am available 24/7 to take on your case and defend you from the instant you sense you may be in trouble. Do not allow the police to take advantage of you during a traffic stop – contact ZAYID LAW in order to preserve your rights during the investigation and in court.

Contact ZAYID LAW for Drunk Driving Defense

Call our firm now at 888-ZAYID-LAW for a free initial case analysis. We are available 24/7 to speak to you at no cost, and you can also contact us online. Ask to set up a free consultation with attorney Justin Zayid.