Michigan drinking and driving laws are among the toughest in the country. A second or third offense is devastating with penalties of possible prison and indefinite license revocation. ABDO LAW will aggressively defend any first time or repeat DUI offender in every court in the counties of Macomb, Oakland, St. Clair and Wayne.
If you are charged with any misdemeanor or felony offense involving driving under the influence (DUI) of alcohol or drugs, contact ABDO LAW to get answers to your most pressing questions and a same day appointment with attorneys that specialize in all misdemeanor and felony DUI cases.
Macomb, Oakland, Wayne, & St. Clair
CALL: Metro Detroit: 586-412-5555 or Toll Free: 844-Got-Abdo
The abbreviation DUI is a convenient way to refer to EVERY offense on the books which involves operating a vehicle under the influence of alcohol or drugs. Your ticket or court notice may contain another abbreviation such as OWI .08 (operating under while intoxicated), OWI w/High BAC .17 (Super DUI), OWVI (impaired driving) or OWPD (operating with the presence of Schedule 1 drugs, cocaine, marijuana). The following is a comprehensive list of all DUI offenses in Michigan which will help you to navigate our website for specific information on this subject:
|1st OWI (BAC .08 to .16)||93 days|
|2nd Offense within 7 years||1 year|
|3rd Lifetime Offense (Felony)||1-5 years|
|OWPD (Schedule 1 Drugs)||93 days|
|OWVI (Impaired Driving)||93 days|
|Any DUI w/Child Under Age 16||180 days|
|Super DUI, High BAC .17 or More||180 days|
|Zero Tolerance, under age 21)||None|
|OWI Causing Serious Injury (Felony)||5 years|
|OWI Causing Death (Felony)||15 years|
Misdemeanor or Felony DUI: All DUI offenses are classified as either misdemeanor or felony crimes. In Michigan, an offense with a maximum punishment of more than 1 year in jail is a felony. If the offense has a maximum jail component of 1 year or less, it's a misdemeanor. DUI 1st and DUI 2nd are misdemeanors. A DUI 3rd offense is a felony. ABDO LAW provides comprehensive legal representation for all misdemeanor and felony DUI offenses.
Links with addition information regarding DUI penalties and sanctions:
All DUI offenses carry points, potential jail, fines, court costs and license sanctions.Talk to Our DUI Defense Lawyers About Your Case!
Did you get a DUI in an area known for aggressive police activity like Sterling Heights, Warren, Shelby Township, Clinton Township, Chesterfield Township, Detroit, Troy, Royal Oak, Romulus, Rochester, Dearborn or Westland? Or were you on a remote road in the counties of Macomb or St. Clair? We know you didn't intend to go out and get a DUI.
DUI-OWI: Alcohol Offenses: Unfortunately, even if you feel that you were able to drive your vehicle safely, Michigan has set legal blood alcohol limits for DUI cases that make it a crime regardless of actual intoxication or impairment. Cases that do not require proof of intoxication or impairment are known as "per se" cases. The most common per se cases that we encounter are OWI (legal limit .08 to .16) and OWI with a High BAC/Super DUI (legal limit .17 or greater).
DUI-OWI: Drugs, Marijuana, Prescriptions: We are seeing more DUI cases that involve the use of illegal drugs, marijuana and legal prescription medications. Police use blood testing as a method to detect drugs. In the last 10 years, there has been a 20% increase in blood testing. If you are charged with DUI after using legal prescription medications or medical marijuana, the police are required to prove impairment. There may be a defense to the case when we can show reasons for behavior that is mischaracterized by the police. If you are charged with OWPD, the police do not have to prove impairment if the blood test is positive for any presence of a Schedule 1 drug, cocaine or marijuana. However, we are fighting and winning cases where the test results do not indicate recent drug use or the blood/drug ratio is extremely low.The Best Defense for DUI First, Second or Third
One size does not fit all! Contact ABDO LAW for a personalized down to earth assessment of your case. We will get to the point without you feeling that you are just a number.
Our drunk driving defense attorneys will take swift action to get your case under control to facilitate the best course of action and favorable results. ABDO LAW links on the topic of evidence:
Just because the police say they have evidence does not mean it is good evidence. The prosecutor is required to prove guilt in a criminal matter beyond a reasonable doubt. One or more of the following issues can be raised in defending a DUI case to raise doubts:
- Lack of probable cause for traffic stop.
- Police videos do not support traffic stop or intoxication.
- Doubtfulness as to "operation" of the vehicle.
- Field Sobriety Tests (FST) do not support intoxication.
- Inconsistencies in the police report.
- Innocent explanation for signs of intoxication.
- Loss or destruction of evidence, video or test results.
- Marijuana cases: THC levels do not suggest impairment.
- Prescribed medications that did not cause impairment.
- Independent test results which favor defense position.
- Expert witness(es) employed to contest technical evidence.
Knowing how to defend a DUI is our job. Knowing other factors that can influence the outcome of a criminal or DUI case is equally as important. ABDO LAW is your connection with experienced DUI lawyers in Macomb County that know the law and can identify other issues and local politics that can have an impact on your case including:
- Local public policy of the police and prosecutor.
- Sentencing policies of the judge assigned to the case.
- Criminal record of the accused.
- The age of the prior DUI cases.
- Whether there was an accident or any injured parties.
- Proactive measures (AA, counseling) by our client.
DUI-OWI Second Offense: A DUI second offense carries up to 1 year in jail and indefinite revocation of driver's license. An offense is considered a DUI second if it conviction is within seven (7) years of a prior DUI. Sobriety Court, available in some jurisdictions, is a way for an offender to retain driving privileges. In Macomb County, there are Sobriety Courts in Clinton Township and Roseville. Call ABDO LAW to explain the 7-year rule, Sobriety Court and other measures can result in probation and no jail. When the evidence doesn't add up, we will recommend that you take your case to trial.
Super Drunk Driving: In Michigan, there are extremely harsh licensing consequences for those convicted of Super Drunk Driving (OWI with a High BAC .17 or greater). The offender is not allowed to drive for the initial 45 days, followed by a restricted license (work, school) for 320 days with a Breath Alcohol Ignition Interlock Device (BAIID) installed on the offender's vehicle. Call ABDO LAW if you are facing a Super Drunk Driving for a plan to manage your case that has worked for others to get a Super Drunk Driving reduced to a more acceptable offense.
DUI-OWI Third Offense-Felony: A third DUI conviction is a felony that can carry 1-5 years in prison. A DUI third can be supported by any two prior lifetime convictions, even if the convictions occurred in another state. Ask the DUI lawyers at ABDO LAW how we have avoided this harsh sentence for just about 100% of our clients charged with DUI third. Our website explains whether your DUI third qualifies for a substantial plea bargain reduction to a misdemeanor or whether it should be scheduled for trial.
Child Endangerment: A DUI with a child under age 16 is another law in Michigan with enhanced penalties that do not necessary fit the crime. Child endangerment is considered a policy cases by the prosecutors in Macomb, Oakland, St. Clair and Macomb. Contact ABDO LAW to discuss fighting the case or seeking a deviation request as means to get the prosecutor to consider a substantial reduction.
DUI-OWI Causing Injuries or Death: A DUI which involves the injury or death of another person is classified as a felony. These are cases that ABDO LAW understands better than anyone. First of all, we know that anyone in this predicament may need substance abuse and grief counseling. On the legal front, we will order an independent analysis of the blood, breath or urine tests. In addition, we will utilize the service of private investigators and engineers to facilitate our defenses.Hire the Best DUI Lawyers in Metro Detroit
If you have been arrested for any Michigan drinking and driving offense, let the attorneys at ABDO LAW provide you with the highest level of legal representation to get your case under control, protect your rights and advocate on your behalf. We are well known in Michigan courts and our Macomb County defense lawyers have the reputation and expertise to defend you from getting hit with severe drunk driving penalties. ABDO LAW also provides efficient legal representation to nonresidents or Canadians that may have been visiting the Metro Detroit area for tourism or business and find themselves in need of a DUI or criminal matter.
EMAIL or CALL Abdo Law for a FREE CONSULTATION. Phone messages after business hours are forwarded to our attorneys. We offer same day, evening, weekend appointments and the ability to retain us over the internet. Payment plans and all credit cards accepted.
CALL: Metro Detroit: 586-412-5555 or Toll Free: 844-Got-Abdo