The Law Offices of Freedman & Freedman

Drunk Driving F.A.Q.

is drunk driving a misdemeanor or a felony?

It depends. For example, first (OWI 1) or second (OWI 2) drunk driving charges are generally considered misdemeanors. A third (OWI 3) or higher drunk driving charge is a felony. However, an OWI causing death or serious injury will almost always result in a felony.

so what are the various drunk driving charges?

Although often simply referred to as “DUI” or “DWI” by many, here are the categories and the “proper names” for the charges in Michigan for a first time drunk driving offense:

OWI (Operating While Intoxicated)	Misdemeanor
OWVI (Operating While Visibly Impaired)	Misdemeanor
OWI (Death/Injury)	Felony
UBAL/UBAC (Unlawful Bodily Alcohol Level/Content)	Misdemeanor
Zero Tolerance	Misdemeanor
Child Endangerment	Misdemeanor
Commercial Driver	Misdemeanor

can I get jail time if I am convicted of a first time offense?

Yes. It can and does happen. A first-time convicted offender also faces the possibility of:

up to 93 days in jail
up to a $500 fine
up to 2 years probation
up to 360 hours of community service
up to 6 points on a driver’s license
up to 180 day with a suspended license, with a restricted license possible after 30 days
driver’s responsibility fees up to $1000 year for 2 years

do I have any rights at the time I am pulled over?

Of course. You have the right to remain silent and the right to refuse field sobriety tests. You do not have to volunteer any incriminating information, however, never lie in the place of the truth. You can also refuse a preliminary breath test (PBT) although doing so will result in a civil infraction and fine (a misdemeanor if you are in a commercial vehicle). Remember to always be polite and respectful even if you are refusing to cooperate on any level.

will my case be dismissed if the police didn’t read me my Miranda rights?

Not necessarily. It may possibly result in certain statements being suppressed under certain circumstances, however, the failure to advise you of your Miranda rights does not result in the automatic dismissal of the case against you.

can I refuse to take a Breathalyzer tests if the police ask for me to do so?

You should not do so. You must submit to a chemical breath test by law when properly requested by the police. If you refuse to do so, it will likely result in a one (1) year suspension of your driver’s unless a limited set of exceptions apply.

why should I contact a lawyer at all if I am charged with drunk driving?

Several reasons. An experienced attorney knows the laws and will act as your advocate to solely defend your interests. Often, various pieces of important evidence, such as 911 audio tapes, police cruiser videotapes/dvds of your field sobriety tests, booking and/or breath testing, will be quickly “recycled” or destroyed shortly after your arrest if you do not demand them to be preserved in a timely manner. This evidence may possibly provide the very core of your defense. It may also provide necessary proof that your version of events is accurate and that the officer is not being candid or truthful in their written or oral account of your arrest.

can I lose by driver’s license if I am convicted of drunk driving?

If you are convicted of OWI 1, your license will automatically be suspended for 30 days and then restricted for the next 150 days thereafter. If you are convicted of OWVI (impaired), you license will be restricted for 90 days. If you are convicted of OWI 2, your license will be revoked for a minimum of 1 year and you must apply for reinstatement to obtain it back. For OWI 3, you will have your license revoked for 5 years and also must be apply for reinstatement.

what are driver responsibility fees?

Following a conviction, these are additional fees imposed by the Secretary of State designed to penalize or tax drivers. These fees are imposed by the State of Michigan and are above and beyond any fines and costs due and owing to the court. An OWI conviction will result in fees of $1000 per year for two (2) years. An OWVI conviction will result in a fees of $500 per year for two (2) years. If you don’t pay the fines, the Secretary of State will suspend your license indefinitely.

what Michigan cities and counties do you regularly practice in?

We regularly practice in the following cities and counties although this list is not meant by any means to be exclusive:

Oakland County
Auburn Hills, Berkley, Beverly Hills, Bingham Farms, Birmingham, Bloomfield Hills, Bloomfield Twp., Clarkston, Clawson, Commerce Twp., Davisburg, Farmington, Farmington Hills, Ferndale, Franklin, Groveland, Hazel Park, Highland Twp., Holly, Huntington Woods, Independence, Keego Harbor, Lathrup Village, Lake Angelus, Lake Orion, Madison Heights, Milford, Novi, Oak Park, Orchard Lake, Ortonville, Oxford, Pleasant Ridge, Pontiac, Rochester, Rochester Hills, Royal Oak, Southfield, South Lyon, Springfield, Sylvan Lake, Troy, Walled Lake, Waterford, West Bloomfield, Wixom, Wolverine Lake.

Macomb County
Armada Twp., Bruce Twp., Chesterfield Twp., Center Line, Clinton Twp., Eastpointe, Fraser, Harrison Twp., Lenox Twp., Macomb Twp., Memphis, Mt. Clemens, New Baltimore, New Haven, Ray, Richmond, Romeo, Roseville, Shelby, St. Clair Shores, Sterling Heights, Utica, Warren, Washington.

Wayne County
Allen Park, Belleville, Canton, Dearborn, Dearborn Heights, Detroit, Ecorse, Flat Rock, Garden City, Gibraltar, Grosse Ile, Grosse Pte., Highland Park, Hamtramck, Harper Woods, Huron Twp., Inkster, Lincoln Park, Livonia,, Melvindale, Northville, Plymouth, Redford, River Rouge, Riverview, Rockwood, Romulus, Southgate, Sumpter Twp., Taylor, Trenton, Van Buren Twp., Wayne, Westland, Woodhaven, Wyandotte.

Washtenaw County
Ann Arbor, Ypsilanti

Genesee County
Fenton, Flint, Flushing, Grand Blanc, Mt. Morris, Swartz Creek

Ingham County
Lansing, East Lansing

Monroe County
Monroe

Saginaw County
Saginaw

Livingston County
Howell