DUI/OWI & Driver’s License Restoration

Yes. Drunk driving is a crime with numerous consequences. If you are arrested on suspicion of drunk driving, you should hire the best DUI attorney you can afford.

A good DUI attorney will specialize in drunk driving cases, dedicate a significant portion of their practice to DUIs, be recognized by their peers as a leader in DUI defense, regularly try DUI cases in front of a jury, attempt to and win cases by filing motions before trial, employ expert witnesses to bolster the client’s defense, regularly attend DUI seminars to stay current on the law, and offer access to substance abuse counseling and sobriety court as needed.

No. There is no penalty for refusing to perform the standardized field sobriety tests – like the counting, walking, and balancing tests. The best approach is politely declining to participate. Advise the police that you do not want to do or say anything without consulting with an attorney.

Yes and no. Yes, there is a legal consequence to refusing to take a preliminary breath test (PBT) on the side of the road, but the police cannot force you to submit to a breath test. The consequence for refusing a PBT is relatively minor: it is a civil infraction, like a speeding ticket, that comes with a fine and no points on your license. Because testing over the legal limit is usually the linchpin in any arrest, there is little reason to ever take a breath test on the side of the road.

Yes and no. Yes, because there are serious consequences for refusing a breath test after you have actually been arrested. Under Michigan’s implied consent laws, you can lose your driving privileges for a year. However, the police cannot force you to submit to a breath test. If you refuse a breath test after your arrest, the police almost always seek a warrant from the court to seize a sample of your blood. Armed with a warrant, they can force you to submit a blood sample.

Yes and no. Yes, because there are serious consequences for refusing a blood test after you have been arrested. Namely, under Michigan’s implied consent laws, you can lose your driving privileges for a year if you unreasonably refuse a blood test. However, the police cannot force you to submit to a blood test without a warrant. If you refuse a blood test after your arrest, the police almost always seek a warrant from the court to seize a sample of your blood. Armed with a warrant, the police can force you to submit a blood sample.

Yes. Drunk driving cases are one of the most commonly charged crimes in Michigan. Mistakes are routinely made by the police. The mistakes range from minor mistakes, to failing to adhere to testing protocols, to errors amounting to a violation of your constitutional rights — like stopping you for no valid reason, detaining you without justification, or arresting you without probable cause. A good DUI attorney will identify all of the mistakes made in your case and exploit them to your advantage.

If you are convicted of a DUI first offense in Michigan and there are no aggravating circumstances in your case, like an accident or bad criminal history, most judges will not impose any additional jail time other than the time you spent in jail after you were arrested. Most courts will put you on misdemeanor probation and require you to stay out of trouble while you are on probation. Fines and costs depend on the court but typically range from $500-$1,500. The court will then send proof of your conviction for drunk driving to the Secretary of State (SOS), and the SOS will suspend your driving privileges based on the offense and a review of your driving record. If you are convicted of impaired driving, your driving privileges will be suspended for 90 days, but you will be able drive on a restricted basis to work, school, doctor’s appointments, counseling, and court. If you are convicted of operating while intoxicated (OWI), which is a more serious offense, your driving privileges will be suspended for 6 months and you will not be able to drive for any reason for 30 days, and then for the remaining five months of the suspension you will be able drive on a restricted basis to work, school, doctors’ appointments, counseling, and court.

If you are convicted of a DUI first offense in Michigan, and there are no aggravating circumstances in your case like an accident or bad criminal history, most judges will not impose any additional jail time other than the time you spent in jail after you were arrested.

No. Your license is not officially suspended until or unless you are convicted or, under Michigan’s implied consent law, you have been found to have unreasonably refused a request to submit to breath or blood test after your arrest. If you are arrested for DUI first offense, the police will usually seize your driver’s license and give you a paper license, which has all the same driving privileges as your normal license. Because you are presumed innocent until proven guilty, the state/police cannot suspend your driving privileges just because you are arrested for a DUI, without a conviction, unless you are cited for violating Michigan’s implied consent law for refusing a breath or blood test after you are arrested for drunk driving.

If you are convicted of drunk driving, the court is required to send proof of your conviction to the Secretary of State (SOS). The Secretary of State then reviews your master driving record and issues a suspension. It usually takes approximately 2 weeks before clients receive the suspension in the mail. Clients can continue to drive until they receive the suspension in the mail.