If you’ve been arrested in Michigan on a Drunk Driving charge you need a lawyer who knows how to get results and makes sure you are treated fairly. Valentina Lucaj has the experience and knowledge that you need to win your case. She served as a former assistant city prosecutor and now as a defense attorney. If you want a lawyer that gets results, you have found that attorney.
Questions about penalties, driving sanction and how to defend your case are probably at the top of your list. The Lucaj Law Firm PLLC will answer your questions and give you knowledge on what happens next. Valentina Lucaj will conduct an in-depth client meeting and assess whether the traffic stop was lawful; if there was reasonable suspicion; if the police officer had probable cause to arrest; the validity of the breath or blood test.
The following is an overview of steps that are often involved in defending a drunk driving case:
- Initial Interview: the interview will provide me with insight into possible defenses and what evidence we may need to obtain.
- Preserve and Obtain Evidence: police reports, in-car video, booking and breathalyzer video, datamaster logs, etc.
- Strategy and Assessment: As the case progresses, we will discuss how best to proceed. This may include evidentiary hearing, plea bargaining and trial.
- Preparation and Attend Court Hearings: I will prepare you for all court proceedings that may involve you testifying or addressing the court.
First Time Offense DUI: What You Should Know
There is one common sentiment that a new driver on the road or a veteran driver share. This is that dreadful moment when you get pulled over by the police for drunk driving for the first time. It might not be your first time getting intoxicated but... Read More...
In Michigan, there are five major alcohol- or drug-related driving offenses which a drunk driving defense lawyer can handle, each with its own penalties:
Operating While Intoxicated (OWI)
OWI is operating a motor vehicle with a blood alcohol content (BAC) of .08% or greater or under the influence of alcohol or a controlled substance. The first offense is a misdemeanor punishable by one or more of the following:
- up to 93 days in jail
- a fine of $100 to $500
- community service of up to 360 hours
The Secretary of State will suspend the operator's license for 180 days and a restricted license is available only after 30 days. Six points are also assessed against the drivers record.
Operating While Visibly Impaired (OWVI)
OWVI is operating a motor vehicle while visibly impaired due to the consumption of alcohol or a controlled substance. No specific alcohol or drug content is required. The first offense is a misdemeanor punishable by one or more of the following:
- up to 93 days in jail
- a fine of up to $300
- community service of up to 360 hours
The Secretary of State will suspend the operator's license for 90 days in the case of alcohol, 180 days in the case of drugs, and a restricted license is available. Four points will be assessed against the driver's record.
Operating with Presence of Drugs (OWPD)
OWPD is operating a motor vehicle with any amount of a controlled substance in the body. No specific amount is required, and the drugs need not affect one's driving. The first offense is a misdemeanor punishable by one or more of the following:
- up to 93 days in jail
- a fine of $100 to $500
- community service of up to 360 hours
The Secretary of State will suspend the operator's license for 180 days and a restricted license is available only after 30 days. Six points will be assessed against the driver's record.
"Zero Tolerance"
"Zero Tolerance" provides that no person under the age of 21 shall operate a motor vehicle with any bodily alcohol content. No specific amount is required, and the alcohol need not affect one's driving. The first offense is a misdemeanor punishable by one or more of the following:
- a fine of up to $250
- community service of up to 360 hours
The Secretary of State will suspend the operator's license for 30 days and a restricted license is available. Four points will be assessed against the driver's record.
High BAC "Super Drunk" Law
On October of 2010 a new "Super Drunk" law went into effect in which drivers with a blood alcohol content (BAC) of .17 or greater will face increased penalties from both the courtroom and the Secretary of State.
- Fines increased from $200 to $700
- Jail increased from 93 days to 180 days
- Enhanced license sanctions
If the Secretary of State gets notice that an individual was convicted of a super drunk driving charge their driving privileges will be suspended for 1 year. The first 45 days the driver will be allowed no driving, and after that they may be entitled to drive under restricted conditions with a Breath Alcohol Ignition Interlock Device (BAIID).
