Drunk Driving Defense: An Expert DUI Lawyer in Allen Park, MI
Few Crimes Carry More Stigma than a DUI.
Also known as operating while intoxicated or OWI, this charge applies to anyone caught operating a vehicle while under the influence of drugs or alcohol. Given how dangerous impaired driving is, this crime carries a steep penalty, but that doesn’t mean due process goes out the window. As a DUI attorney in Allen Park, the Law Offices of Brian T. Berry will fight to protect your rights.
Penalties for a DUI in Michigan
Under Michigan law, the penalty for a DUI varies based on your number of offenses:
- First offense - You may be charged with one or more of the following: Up to 93 days jail; $100 - $500 fine; or up to 360 hours of community service. Your license will be suspended for 30 days and restricted for 180 days, and you may be ordered to use an ignition interlock device, or IID, on your car.
- Second offense within 7 years - A fine between $200 and $1,000 AND you will have to serve between 5 days and 1 year in jail, and/or between 30 – 90 days community service. You will also lose your license for at least one year.
- Third offense - A fine between $500 - $5,000 AND you will now have to serve between 1-5 years in prison, or 30 days to 1 year in jail along with community service. You will lose your license for 1-5 years.
What counts as a DUI varies based on your age and the type of vehicle you’re driving. If you’re over 21 and driving a private vehicle, your BAC must be below .08 to avoid DUI charges; if it’s a commercial vehicle, it must be below .04. If you’re under the age of 21, any amount of alcohol in your system warrants a DUI charge. Other factors may increase penalties.
Our Approach to Defending DUI Charges
The Law Offices of Brian T Berry recognizes how serious DUIs are, and it is precisely for this reason that we defend those charged with this crime so vigorously. Due process must be ensured, the police must follow proper protocol from the traffic stop through arrest, and all alcohol testing must yield reliable results. If these protections are not followed, we will move to suppress the evidence.
Operating While Intoxicated - In a driveway?
A person may be prosecuted for operating while intoxicated in a place "generally accessible to motor vehicles" if the place is one that is usually capable of being reached by self-propelled vehicles.
Ways to Challenge a DUI Charge
As an experienced DUI lawyer team, we understand the many potential flaws in DUI charges. These include:
- Equipment Inadequacies - Breathalyzers are not infallible. If you can prove that the one used on you was broken or poorly calibrated, you can have the evidence thrown out.
- Field Test Failures - Police officers who conduct field tests may not conduct them correctly or may poorly interpret their results. We review field test reports, looking for any signs of inaccuracies.
- Probable Cause Privation - Police officers can’t stop you without probable cause. If they did not have probable cause for the traffic stop or good reason to test you, the evidence may be inadmissible.