Most people plead guilty to their OWI charges, because it avoids the expense and hassle of going to trial, and often involves the guarantee of a lenient sentence or a conviction for a lesser offense. But you should also keep in mind the collateral consequences of having a criminal conviction on your record. For many licensed professionals, this can cause serious employment issues down the road. If you are a nurse facing OWI charges, call Drias Law Group today at (313) 944-0236 or our online contact form for a free consultation about your legal options.

Should Nurses Plead Guilty to OWI Charges?

The answer to this question depends on the facts and circumstances specific to your case. But what always holds true is that if the prosecutor offers you a plea deal, you should consider the following factors: the strength of the prosecutor’s evidence, your chances of winning at trial, the effect a criminal conviction will have on your job, the number of prior OWI convictions you have, and the possibility of negotiating better terms to the plea deal.

An experienced lawyer can help you weigh these factors and make the best decision. For nurses and other licensed professionals, a criminal conviction for a substance related offense can have unpleasant repercussions, so they have more reason than most to reject a plea agreement and fight their OWI charges.

Will the Board of Nursing Discipline me for OWI?

The board of nursing will discipline you for a drunk driving charge, but only in rare cases will they go so far as to suspend your license. The most likely scenario is an official reprimand, and the obligation to attend a substance abuse evaluation and possible counseling. You may be able to avoid the expense and time commitment of substance abuse counseling if you present the results of an independent substance abuse risk evaluation to the nursing board.

Do I Need to Report my OWI to the Nursing Board?

You absolutely need to report your drunk driving conviction to the Board of Nursing. In fact, a failure to report an OWI conviction is the most likely reason your nursing license might get suspended. But you do not have to report a drunk driving charge. So as long as you win your case, you can avoid the issue of your licensing board learning about your OWI. If you get convicted of OWI, one the other hand, you have 30 days to inform the Department of Licensing and Regulatory Affairs by filling out this form.

Will the Nursing Board Suspend My License for DUI?

Except in cases involving multiple convictions, or convictions involving aggravating circumstances such as an OWI causing injury, it’s very rare for the nursing board to suspend a nurse’s license after a drunk driving conviction. Usually, suspensions only occur after a third OWI conviction, so most second-time offenders are safe–although they will almost certainly have to complete a substance abuse treatment program. The most common reason for a suspension, as noted above, is the failure to report a criminal conviction within 30 days of judgement.

Call Drias Law Group Today for Help

Since you do not need to report an OWI charge to the state licensing authority, nurses and other licensed professionals have a real incentive to fight their criminal charges. Accepting a plea deal means the certainty of having to report your drunk driving to the nursing board and having to contend with potential disciplinary action. If you are facing OWI charges, call Drias Law Group today at (313) 944-0236 or our online contact form for your free consultation about the possible defenses to your case.

The post FAQ for Nurses in Michigan Charged with OWI appeared first on Drias Law Group, PLLC.

At Drias Law Group, we succeed in defending OWI cases through a combination of aggressive advocacy and sound counsel. From the earliest stages of the criminal justice process, we inform our clients of the issues at stake in their case, and how they can improve their outcome by asserting their rights. When the client and their counsel are on the same page, the case generally gets much better results. If you want to work with an experienced Detroit OWI attorney, call us today at (313) 944-0236 or our online contact form for your free consultation.

1. Exercise Your Right to Remain Silent During and After Your Arrest

It’s a common myth that you can talk your way out of a drunk driving arrest. We’ve all heard of someone who’s done it, but where is the hard evidence to back up their claims? As criminal defense lawyers, our conclusion after working on hundreds of OWI cases tell us that the less our clients say to the police, the better their case outcome. The Constitution of the United States guarantees your right to remain silent during your arrest and criminal prosecution, so it’s best to exercise this right.

The problem with talking to the police is that what you say, and how you say it, can be twisted around and used as evidence against you at trial. The arresting officer will testify in detail about the statements you make. If you tell the officer that you only had two beers, but the results of your blood alcohol concentration test later shows that you likely had much more, the judge or the jury will have reason to doubt your honesty and credibility. Furthermore, talking to the officer may give them the opportunity to testify about your slurred speech and the odor of alcohol on your breath.

2. Call a Lawyer As Soon as Possible

In addition to your right to remain silent, the Constitution guarantees you the right to be represented by a lawyer during the criminal justice process. Just like the right to remain silent, your right to an attorney is essential and you should take advantage of it. Not only are lawyers equipped with the education and experience to successfully advocate for you, but they will also be familiar with the particular court and judge that will hear your case. This means that they are in the best position to determine what strategy and tactics to use to win your case.

During the first steps of your criminal prosecution, the assistance of a lawyer is particularly important. The most effective defense to an OWI charge is to attack the prosecution’s evidence with a motion to suppress. If successfully performed, this motion can result in the prosecutor not having any evidence to use against you, which in turn can result in the dismissal of your case before trial. Your lawyer can use the police’s mistakes or failures to follow proper procedures as the basis for a successful motion to suppress.

3. Don’t Accept a Plea Deal Before Talking With a Lawyer

Most criminal cases do not make it to trial. The defendant simply pleads guilty to the offense after the prosecutor offers them a deal. These deals usually involve the assurance of a lenient sentence, of a conviction for a lesser offense such as reckless driving. While accepting a plea deal might be the best case outcome you can hope for, it’s virtually impossible to know this for sure unless you consult with an attorney first.

When considering a plea agreement, you need to consider several factors, such as the strength of the prosecutor’s evidence, your likelihood to succeed at trial, the possibility of negotiating better terms to the deal, and the possible collateral consequences of a criminal conviction. You can’t expect the prosecutor to honestly advise you about your options–their interest is in securing another criminal conviction with the least effort possible. So unless you are a legal expert, the only way you can effectively determine whether a plea bargain is a good option is to work with an experienced criminal defense lawyer.

4. Get Your Driver’s License Back

If you refuse to take or fail to pass a breathalyzer or blood test after your OWI arrest, the State of Michigan will automatically suspend your driver’s license. This driver’s license suspension is the result of an administrative action that is separate from your criminal case–although a judge may sentence you to additional driving restrictions after your conviction. Fighting the administrative suspension of your license can greatly benefit your OWI case.

At the administrative hearing, the state will present its evidence and your lawyer is allowed to challenge it. Even if you don’t win at the hearing, it will allow your lawyer to test the strength of the prosecution’s evidence and the credibility of its witnesses before the criminal trial. If you do win, you get your driving privileges back, which means you can keep taking your kids to school, going to your job, and attending your court dates. You may also apply for a restricted driver’s license to keep driving after the revocation of your privileges.

5. Take the Process Seriously and Don’t Give Up Hope

We all know the criminal justice system is seriously flawed. It’s a system that needlessly incarcerates millions of people–a disproportionate number of whom are people of color. It’s a system that seeks to punish instead of rehabilitating. It’s a system that favors the rich over the poor. For these reasons, many people have a fatalistic attitude when they get caught up in the criminal justice system. But we urge you not to become another unfortunate statistic, and to fight against your charges.

With a good lawyer by your side, you stand a real chance of avoiding the consequences of a criminal conviction. By showing up to your court dates and making a good impression–by playing the game–you can also increase your chances of obtaining an acceptable case outcome. In our experience, clients who approach their cases with a proactive, can-do attitude fare the best in the criminal justice process. So take the first step in fighting back against the system and call Drias Law Group today at (313) 944-0236 or our online contact form for your free consultation.

The post 5 Ways to Improve Your Case After a Detroit OVI appeared first on Drias Law Group, PLLC.

Because these drugged driving cases can be more complicated than alcohol-related charges, retaining experienced legal counsel is critical. Our team at Drias Law Group can assist with your defense, and our efforts are especially effective when we get involved as early as possible. Please contact our office at (313) 944-0236 to set up a free, confidential consultation regarding your case. We can explain how a Detroit marijuana DWI defense attorney is your most valuable asset in fighting driving while high charges. In addition, you may find it helpful to review some background information.

Michigan Drug Laws Versus Driving Regulations

Initially, it’s important to note that state drug crimes and driving laws are two separate concepts. Lawmakers may have legalized marijuana for recreational and medical use, but prohibitions on impaired driving remain in full force and effect. An analogy to driving under the influence of alcohol should put the issue into perspective: Though adults 21 years and older can legally consume alcohol, it’s against the law to drink and drive.

You could be charged with a marijuana DWI under two different statutory definitions in Michigan:

1. Operating While Visibly Impaired (OWVI): If your words, actions, and demeanor indicate that you’re unable to safety operate a vehicle due to use of pot, police can charge you with drugged driving.
2. Operating with Any Presence of a Schedule 1 Drug or Cocaine (OWPD): Regardless of whether you show signs of impairment, you could be arrested for driving while high if there’s any trace of marijuana in your system.

For purposes of OWPD, officials will often rely on the results of chemical testing, such as evaluation of your blood or urine. As you may be aware, Michigan has an implied consent law. There are sanctions for refusing a chemical test. In addition to punishment for a drugged driving conviction, you could also face a one-year driver’s license suspension if you don’t comply with the law.

Penalties for Driving While High

The basic structure of drugged driving laws in Michigan is similar to DUI laws, where an arrest triggers two separate proceedings. On the one hand, there are administrative consequences for your driver’s license; the other case is criminal in nature because OWVI and OWPD are against the law. Potential penalties for a marijuana DWI include:

• First Offense: A maximum of 93 days’ incarceration, a fine up to $500, and a license suspension for six months;
• Second Conviction: Up to 12 months imprisonment, a maximum fine of $1,000, and a 12-month minimum suspension of your driving privileges.

Plus, your sentence could include required hours of community service, accumulation of points on your driving record, substance abuse treatment, and many other consequences. You should note that subsequent convictions increase the penalties considerably, potentially leading to felony charges for a third charge on driving while high. Both drunk AND drugged driving offenses count for purposes of your prior history.

Trust Our Marijuana DWI Lawyers to Learn More About Your Legal Options

If you’ve been arrested for driving while high in Michigan, time is of the essence to retain a highly skilled, knowledgeable attorney. At Drias Law Group, we’re prepared to get started right away on defense strategies aimed at obtaining the best possible outcome in your drugged driving case.

Please call our Detroit office at (313) 944-0236 or our online contact form to learn more about our legal services in a wide range of criminal defense matters.

The post Driving While High Laws – Marijuana DWI in Detroit appeared first on Drias Law Group, PLLC.

Contact Drias Law Group to speak with a Detroit defense lawyer after you have been arrested for driving while under the influence. Do not delay in discussing your case with a knowledgeable attorney. Contact us today at (313) 944-0236.

You Have the Right to Have a Lawyer Through the Entire Process

Each DUI arrest has its own unique details, and it’s understandable for anyone to be confused about what to do in the days that follow. We strongly encourage you to call your lawyer as soon as possible after being arrested. Michigan law enforcement agencies make thousands of DUI arrests every year, and therefore they may give you the impression that this is routine. However, having experienced legal counsel will greatly help you navigate the entire process. Our firm’s goal is to have our client’s charges reduced or dropped, and this work begins right away after an arrest. Your lawyer can be of great help through the following steps:

• Arraignment: This hearing is where you are formally charged with a crime. While you don’t need a lawyer here, this is a great opportunity for your legal counsel to learn about your case and what evidence the prosecution will have.
• Pretrial hearings: Michigan DUI cases often have two or more pretrial hearings. Here your lawyer can negotiate for reduced or dropped charges while also receiving updates on the prosecutor’s case.
• Trial: Most DUI cases don’t go to trial, but letting the prosecutor know that you are ready for trial may encourage them to offer you an excellent plea deal. Detroit area prosecutors understand that our firm has the experience necessary to win cases in court.

Taking Your Case to Trial Generally Does Not Enhance the Risks You Face

Many people worry that fighting their case may bring about a risk of a severe penalty should they fail in court. This is not necessarily true. Michigan laws allow for the prosecution to be very aggressive when handling a DUI case. This means that given their strong position in a pretrial negotiation, the prosecutor can work to deliver a harsh penalty. While taking your case to trial can result in successfully clearing your name, it can take longer and cost more. The pros and cons of fighting your case are things that you must discuss with your lawyer. A DUI on your permanent record can also result in the following:

• Jail time: Up to three months for a first offense. Second and subsequent offenses can result in over a year in prison.
• Fines: First DUI offenses can bring about fines up to $500, but subsequent offenses often result in thousands of dollars in fines.
• Loss of driver’s license: Even a first DUI will result in at least 30 days of suspension for your driving privileges. You can permanently lose your license after multiple DUIs.

Police Officers Often Make for Poor Witnesses in DUI Cases

Law enforcement officers must take many steps in order to properly conduct a DUI arrest. While we hope that they are acting in good faith, it’s very common for them to make one or several errors. Studies by the National Highway Transportation Safety Administration have found that officers in numerous states make critical mistakes in about 10% of field sobriety tests. These tests include walk and turn, standing on one leg, and the use of machines such as breathalyzers. There are countless other mistakes that police can make which may severely harm your civil rights. Problems that prosecutors have when bringing police as witnesses in DUI cases include:

• Police can’t always recall the details: Poor note taking or the inability to remember important details of your arrest can severely damage the prosecutor’s case against you. Your charges should be dropped if police failed to protect your rights when you were detained.
• Officers are not always prepared for trial: The schedules of police and prosecutors will often not allow for them to take time beforehand and prepare their testimony in your case. On the other hand, you and your lawyer might have a great advantage if you work together to build a strong defense against your arrest.
• Police and prosecutors don’t always understand the science involved: Proving intoxication with a physical or chemical test requires making sure there are no mistakes which can unfairly harm the defendant. Unlike many officers or prosecutors, our experienced Detroit defense team understands the science involved in your case.

Drias Law Group Can Help You After a DUI Arrest

Prosecutors have a lot of pressure to hand out harsh penalties for DUIs in Detroit. For this reason, it’s important that you act quickly to protect your rights from an overly aggressive prosecution. Many DUI cases are weak and built on evidence that might not have been properly collected. While your case may initially seem desperate, a skilled Michigan defense lawyer can use their experience as they seek to have your charges reduced or dropped all together. Do not hesitate to call your lawyer after you or a loved one have been arrested for DUI in Detroit.

Contact Drias Law Group to discuss your case with a knowledgeable attorney who can help you understand your options. Contact our office in Detroit today at (313) 944-0236.

The post What Detroit Prosecutors Don’t Want You to Know about DUIs appeared first on Drias Law Group, PLLC.

You have the best chance of getting your license back and beating your OWI charge by contacting an OWI lawyer soon after your arrest. If you are caught driving without a license, you can face criminal penalties, including a fine or time in jail. At Drias Law Group, we offer a free initial consultation. You can contact us by calling (313) 944-0236 or use our online contact form.

Length of a Driver’s License Suspension in Detroit, Michigan

If your license has been suspended in Michigan, the length of time will depend on how many prior convictions you have for OWI within a certain period of time and whether or not you agreed to take a BAC test.

• First Offense – 6 month suspension
• High BAC OWI – 1 year suspension
• BAC Test Refusal – 1 to 2 years, depending on whether or not it is your first refusal
• Two or More OWI Convictions within 7 Years – Revocation for at least 1 year
• Habitual OWI Offender – Revocation for at least 5 years

You are required to submit to a BAC test at the request of any certified law enforcement officer who suspects you are driving while intoxicated or impaired. This is known as “implied consent.” In exchange for the privilege to drive within the state, you agree to submit to BAC testing if you are legally arrested. Failure to do so will result in an additional charge of refusing a BAC test and a lengthier driver’s license suspension. You will not be allowed to get a restricted permit if you refuse BAC testing. You are not required by law to submit to roadside sobriety tests or sobriety field tests, only an official BAC test usually administered at the police station or jail by a person certified to do the test.

Requesting a Restricted Driver’s License

If your license has been suspended, you can request a restricted driver’s license from the Secretary of State. You may request a restricted permit to drive to work, school, medical appointments, and alcohol or drug treatment. What happens to your driver’s license is separate from what will happen in court since the suspension is an administrative penalty.

If you agreed to take a BAC test and were charged with OWI, you must wait 30 days after your driver’s license is suspended to request a restricted driver’s license. If you were charged with Operating While Visibly Impaired instead of OWI, there is no mandatory wait time. If you were caught driving with a BAC level of .17 or greater, you will be prohibited from obtaining a restricted license for at least 45 days after your license suspension goes into effect. This charge is called High BAC OWI.

If you are pulled over while driving with a restricted driver’s license, you may be asked to provide prove of your destination, your work or school schedule, and any other proof that you have a valid reason for driving with the restrictions that have been imposed. If you are caught driving in violation of restrictions, you may face an extension of your suspension or criminal penalties.

What to Do After the License Suspension Ends

After the driver’s license suspension period ends, you may request reinstatement of your driving privileges. You must pay a reinstatement fee to get your license back. For an OWI, you must pay a $125 reinstatement fee. For drug crimes, the fee is $250.

What if My License is Revoked?

If your license was revoked because of multiple convictions for OWI or numerous points on your driving record, the revocation can be permanent. You have the right to request a hearing regarding reinstatement of your driving privileges.

If your license has been revoked in one state, it will affect your right to drive in any other state. If you live in another state and your license was revoked in Michigan, you will probably need to request a hearing in Michigan. A Detroit attorney can assist you with the process of getting your license back even if it has been revoked for several years.

Schedule a Free Consultation with a Detroit OWI Lawyer

If you have questions about your driver’s license after an OWI charge, talk to a lawyer about what to do next. Driving without a license is not worth the risk, and you may be eligible for a restricted driver’s license so that you can legally drive to work, school and medical appointments. Consult an OWI attorney at Drias Law Group by calling (313) 944-0236 or use our online contact form.

The post Getting Your License Reinstated in Detroit After an OWI appeared first on Drias Law Group, PLLC.

With the help of attorney Martin Drias, the leaving the scene of the accident charge was kept off the record and reduced to a civil infraction.

After that matter, the man received his third DUI charge, which is considered a felony in Michigan – no matter how many years have passed since an individual’s last conviction. Attorney Davis fought for the client and due to his negotiations, the case stayed in District Court, and the felony – which could have caused immigration consequences – was reduced to a misdemeanor.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

The post Criminal Charges Reduced for Michigan Man appeared first on Drias Law Group, PLLC.

The client was denied restoration of his driver’s license, and attorney Martin Drias immediately got to work compiling all the paperwork to get his license back. In addition, attorney Davis submitted the application to the Department of State, and prepped the client for his license restoration. At this hearing, attorney Davis made an argument with the hearing officer, and as a result, the client’s license was restored.

In addition, attorney Davis represented the client on a charge of driving on a suspended license. If convicted, the man’s eligibility date to have his license restored would have been pushed back significantly, and he wouldn’t have been able to apply. Due to his quick defense on this matter, which occurred before the Secretary of State hearing, attorney Davis was successful, and the client was not convicted of this offense. As such, there were no additional license sanctions while he was waiting on the decision from the Secretary of State.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

The post License Restored for Michigan Man appeared first on Drias Law Group, PLLC.

DUI defense attorney Martin Drias represents people who get charged with DUI in Detroit on a holiday. If you’re facing criminal charges, he will fight for you to get a fair result. Call Drias Law Group at (313) 944-0236, or contact us online to schedule a free consultation of your case.

Understand the Law

The BAC (blood alcohol content) limit for drunk driving in Michigan is .08 percent. Unlike most other states, however, there are two separate crimes that you can face charges for:

• OWI/DUI (driving under the influence) – You can be charged with this offense when you have a BAC of .08 percent or higher, or when you operate a vehicle while under the influence of alcohol or drugs – regardless of if you’re over the legal limit.
• OWVI (operating while visibly impaired) – You might find yourself facing OWVI charges when you’re behind the wheel of a car (or another vehicle) and visibly intoxicated. No BAC testing is required.

Don’t Drink and Drive

The best way to avoid a DUI in Detroit on a holiday is to avoid drinking and driving at all. We understand, however, that sometimes you didn’t plan to drive and need to get somewhere. If you find yourself needing to go somewhere and are worried about whether it is legal for you to drive, keep in mind that you have options:

• Ask someone who hasn’t been drinking to give you a ride
• Use public transportation
• Call a taxi, or use Uber or Lyft

Taxis and ridesharing services are typically out in full force on holidays because they know that people who have been drinking will need a ride home. Keep some cash on hand, or bring your credit card when heading out to a celebration.

Don’t Drink on an Empty Stomach

Alcohol is absorbed into your system at different rates depending on several factors. Drinking on an empty stomach is one of the quickest ways to increase your BAC. As a result, less alcohol can increase your BAC when you haven’t eaten in a while. Eating something before you drink, and while you are drinking can help keep your BAC within the legal limit.

Know When and Where Police Are Operating DUI Checkpoints

Sometimes you can find out where and when the police are operating DUI checkpoints. Knowing where they are so that you can avoid them can help you avoid a drunk driving charge. However, if you encounter a DUI checkpoint unexpectedly, familiarize yourself with what to do.

Leave the Party Early

As the night progresses, the police are likely to ramp up enforcement efforts and be increasingly vigilant for drivers who are under the influence. These efforts are likely to be at their peak as bars and other establishments close. By leaving a few hours early, you likely reduce your chances of getting pulled over.

Drive Carefully and Keep Your Car in Good Repair

To pull you over, a police officer needs probable cause. This is a legal basis to make a traffic stop. It could be for something minor – like failing to use your turn signal, speeding, or having a broken tail light.

Stay Calm

As noted above, you can be charged with OWVI even if you are under the legal limit. If you get pulled over, panicking will work against you. Shaking, being unable to follow directions, or becoming defensive could be considered signs of being visibly intoxicated and lead to a DUI charge.

Contact Drias Law Group for Help

A drunk driving conviction carries harsh consequences. You could be facing jail time, heavy fines, and revocation of your driver’s license. In addition, your conviction will be public record, resulting in embarrassment among your family and friends, not to mention the fact that it could even make it difficult to find a job. If you’re facing charges for a related offense, contact Drias Law Group right away.

Call us today at (313) 944-0236, or reach out online to schedule a free and confidential evaluation of your case.

The post How to Avoid a DUI in Detroit on a Holiday appeared first on Drias Law Group, PLLC.

A felony DUI charge may occur under a fairly narrow set of circumstances: a third DUI charge, or a drunk driving incident that results in a death or serious injury. In each scenario, you may be able to avoid the increased penalties of a felony DUI conviction with the assistance of a Detroit DUI lawyer. To learn more about the defenses to felony DUI, call Drias Law Group today at (313) 944-0236 or use our online contact form to schedule your free initial consultation. Along with Detroit, Davis Law Firm also defends DUI cases in Flint, Port Huron, and Southfield as well.

A Third Drunk Driving Conviction Will Be Treated as a Felony

Under Michigan law, drunk driving is officially called operating while intoxicated (OWI) or operating while visibly impaired (OWVI). If you collect two convictions for either offense, your third will be treated as a Class E felony, which involves the following penalties:

• 1 to 5 years in jail
• A minimum jail sentence of 30 days
• Fines of up to $5,000
• 60 to 180 days of community service
• Revoked driver’s license
• Six points to your driver’s license
• Forfeiture of your vehicle

Despite the harsher criminal penalties, the worst part about a felony DUI conviction may be the collateral consequences. As a felon, you will face extreme difficulties in finding employment and housing–even years after you have served your sentence–and you will lose your right to own a firearm. These collateral consequences often outweigh the actual criminal penalties, especially since people with clear criminal records who get convicted of class E felonies usually receive a probational sentence of jail time only.

Owing to the seriousness of the collateral consequences of a felony conviction, Michigan DUI lawyers often try to “plead down” a third DUI charge to a misdemeanor. In this scenario, your lawyer would admit that you are guilty and agree to a jail sentence of two to three months. In exchange, the prosecutor would treat your case as a second DUI offense, which is a misdemeanor. Of course, in some cases it may be desirable to fight your charges at trial–despite the risk of a felony conviction should you lose.

A DUI Causing Serious Injury or Death Is a Felony

If you drive drunk and cause a serious injury, a prosecutor may charge you with a class E felony–the same as a third DUI conviction. For you to get convicted of OWI causing serious injury, there must be strong evidence that your drunk driving was the actual cause of the victim’s injury, and that the injury resulted in an impairment of one of the victim’s bodily functions. While a bruise or a cut might not be considered a serious injury, a bone fracture would generally meet this standard because it usually entails restricted mobility for some time after the accident.

You will face even harsher consequences if your drunk driving causes someone’s death. The offense is a class C felony, which carries the following penalties:

• Maximum prison sentence of 15 years
• A fine of up to $10,000
• Revoked driver’s license
• Forfeiture of your vehicle
• Six points added to your license

If the victim was an emergency responder, the offense is raised to a Class B felony, punishable by up to 20 years in prison.

You may be able to avoid these penalties if your lawyer can demonstrate that your actions did not actually cause the injury or death. By performing an accident reconstruction, it may be possible to show that some other factor caused the casualty. And just like any other DUI case, you may win by demonstrating that you were not actually impaired. If you’ve been charged with felony DUI in Detroit, Flint, Port Huron, or Southfield – call Drias Law Group now at (313) 944-0236 or use our online contact form for a free and confidential consultation about the defenses that might apply to your case.

The post When Is a DUI Considered a Felony in Michigan? appeared first on Drias Law Group, PLLC.

Understanding the Detroit Underage DUI Process

A Detroit underage DUI case starts when the Detroit Police Department, Wayne County Sheriff’s Office, or the Michigan State Police pulls over your child within the Detroit city limits. If the law enforcement officer suspects with good reason that your child has been drinking and then got behind the wheel, they will make an arrest. They will take your child to a police station or in some cases a medical facility to determine blood alcohol concentration (BAC) with a breath, blood, or a urine test (used mostly in cases of suspected drug use).

If these tests confirm that your child is intoxicated, the police will detain them. If your child is under the age of 17, they will be placed into a juvenile detention facility, and go through a parallel justice system designed for children. If your child is over the age of 17, they will have to spend the night in the Wayne County Jail unless you can bail them out immediately.

The next stop in the process is the arraignment, during which your child will be formally charged with Operating While Intoxicated (OWI) under the age of 21. Sometimes, if a suspect is still in detention, they will participate in the arraignment process through a video conference call from the jail to the court house. In other cases, the suspect is released on bail or on their own recognizance and given a date and time to go to the court house for the arraignment. The arraignment, and all subsequent proceedings in a Detroit misdemeanor case, will take place at the 36th District Court at 421 Madison Avenue.

Having Skilled Legal Representation Can Optimize Your Case Outcome

For the arraignment, it’s best to hire an experienced Michigan DUI attorney. Although anyone can defend themselves or ask for a public defender, cases handled by private defense lawyers tend to fare better. The arraignment is an important hearing during which your child will learn of the specific charges against them, learn of their rights, and plead guilty, not guilty, or no contest to the charges.

In general, it’s advisable to plead not guilty at this stage of the process, to give your lawyer time to investigate the case and determine possible defenses to the charges. The court will schedule a preliminary hearing for a later date during which your lawyer can submit motions to exclude evidence, and in some cases to dismiss the charges altogether. Sometimes, your lawyer can negotiate a plea agreement and submit it to the judge at this hearing, avoiding the expense and time commitment of a trial.

If your case proceeds to trial, the prosecutor bears the burden of proving beyond a reasonable doubt that your child was intoxicated while in control of a motor vehicle on a public road. Depending on the circumstances of the case and the available evidence, a skilled lawyer may be able to highlight the weaknesses of the prosecutor’s case and obtain an acquittal. However, it is rare for OWI cases to proceed to trial. Most are resolved through a plea agreement, or dismissed after a defense lawyer successfully excludes important evidence from the case.

Your Support Is Essential for Resolving Your Child’s DUI Case

Beyond the obvious need to pay for legal costs, your support as a parent is essential if you want your child to avoid the worst consequences of passing through the criminal justice system. As a parent, there is a difficult line to walk between supporting your child’s defense, and also ensuring that they take responsibility for their own actions, and are able to avoid bad decisions in the future. Even if your child is completely innocent of drunk driving, they likely made questionable decisions that resulted in them getting arrested and charged with a crime. With your support, they can grow from the experience.

At Drias Law Group, we understand the special concerns that come with defending an underage OWI case. For this reason, we advocate fiercely for young clients at every stage of the OWI process while ensuring that you, our legal team, and your child are always on the same page. We will fight hard to give your child a second chance, and work towards a case outcome that your family can live with. If your child has been charged with underage DUI, call us today at (313) 944-0236 or use our online contact form for your free consultation.

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