Oakland County DUI attorney Paul J. Tafelski of Michigan Defense Law has published an insightful article examining Michigan’s DUI laws, commonly referred to as OWI (Operating While Intoxicated). The article sheds light on the legal definitions, penalties, and potential defenses for individuals facing DUI charges in Michigan.
The article by the Oakland County DUI attorney begins by outlining Michigan’s strict drunk driving laws, including the legal blood alcohol content (BAC) limits. For drivers aged 21 and older, a BAC of .08% or higher can result in an OWI charge, while a BAC of .17% or higher triggers Michigan’s “Super Drunk” law. For drivers under 21, the Zero Tolerance law prohibits operating a vehicle with a BAC of .02% or higher. Beyond these thresholds, factors such as age, BAC levels, and prior offenses significantly influence the severity of the penalties.
“DUI charges in Oakland County, Michigan can be life-changing,” warns Oakland County DUI attorney Paul J. Tafelski. “Even a first-time offense can lead to jail time, hefty fines, community service, and the loss of driving privileges. It’s vital that individuals accused of drunk driving take these charges seriously and understand their legal options.”
Under Michigan law (MCL 257.625), operating a vehicle while intoxicated applies not only to alcohol impairment but also to drugs or a combination of both. The article provides an in-depth look at first-time DUI offenses in Michigan, emphasizing the potential consequences of even a single conviction. The penalties for a first-time DUI include up to 93 days in jail, fines ranging from $100 to $500, and up to 360 hours of community service. In some cases, courts may require the installation of an ignition interlock device or impose vehicle immobilization.
For first-time offenses involving minors under the age of 16 as passengers or incidents resulting in injury or death, the penalties become significantly harsher. Tafelski stresses the importance of aggressively defending against a first offense to mitigate long-term consequences.
One of the main points discussed in the article is the importance of probable cause in DUI arrests. Tafelski explains that law enforcement must have sufficient evidence to justify a traffic stop and subsequent arrest for suspected drunk driving. This evidence may include erratic driving behavior, the odor of alcohol, slurred speech, or poor performance on field sobriety tests.
“Probable cause is a critical element in DUI cases,” notes Tafelski. “If an officer did not have reasonable grounds to stop or arrest an individual, the evidence collected during the stop may be challenged in court. This could lead to the suppression of key evidence and, in some cases, the dismissal of charges.”
Drivers with a BAC of .17% or higher face enhanced penalties under Michigan’s “Super Drunk” law. These penalties include longer jail sentences, higher fines, and mandatory participation in alcohol treatment programs. The article explains that such cases are particularly challenging but not insurmountable with the right legal strategy.
Tafelski emphasizes that high-BAC cases require a thorough analysis of the evidence, including the accuracy of breath or blood tests. “Breathalyzer and blood test results are not always infallible,” he says. “There are many factors that can affect their accuracy, from improper calibration of the equipment to procedural errors during the test. These are areas that are carefully investigated when building a defense.”
The article also addresses Michigan’s Implied Consent Law, which requires drivers to submit to chemical tests after a lawful arrest. Refusing to take a post-arrest breath or blood test can result in automatic license suspension for up to one year for a first offense and two years for subsequent refusals. Additionally, six points are added to the driver’s record.
Tafelski explains that while individuals have the right to refuse preliminary breath tests (PBTs) administered before an arrest, refusing the more accurate post-arrest tests can lead to significant consequences. “Refusing a chemical test can complicate a case,” he says. “It’s important to understand the legal implications and consult with a knowledgeable attorney if a test has been refused.”
The article explores common defenses that can be employed in DUI cases, such as challenging the legality of the traffic stop, questioning the accuracy of chemical tests, or arguing procedural errors during the arrest. In some cases, defendants may be able to negotiate a plea to a lesser offense or even have their charges dismissed.
The Oakland County DUI attorney underscores the potential long-term consequences of a DUI conviction, including probation, mandatory alcohol treatment, increased insurance premiums, and a permanent criminal record. Tafelski urges individuals facing DUI charges to seek legal representation as soon as possible to protect their rights and explore their options.
About Michigan Defense Law:
Michigan Defense Law is a leading criminal defense firm serving clients throughout Oakland County, Michigan. Led by Paul J. Tafelski, the firm provides aggressive legal representation for individuals facing DUI/OWI charges and other criminal matters. With a commitment to protecting clients’ rights, Michigan Defense Law works to achieve favorable outcomes for those facing the challenges of the legal system.
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