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Lapeer County DUI Lawyer

Representing Those Charged with Operating While Intoxicated in Tuscola County and Sanilac County

A DUI in Michigan can ruin your future. At Bernard Anthony Jocuns & Associates, Lapeer County OWI lawyer Bernard Jocuns can deliver the legal representation you need. He recognizes what a drunk driving charge can mean to your family, career, and personal and professional relationships. That is why he will work diligently and is prepared to pursue an optimal outcome on your behalf. He will learn about your side of the story and your unique situation. Employing a strategic approach, he will review and analyze the evidence to build a defense tailored just for you.

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Is a DUI a Misdemeanor?

Generally, a first or second violation is a misdemeanor in Michigan unless aggravating circumstances are present. A third or subsequent offense is a felony. What this means to you is that, regardless of the level of charge you’re facing, you could be sentenced to jail or prison, ordered to pay high fines, and/or subject to a driver’s license suspension or revocation. 

Still, just because you have been stopped for, arrested for, or charged with driving under the influence, that does not mean you are guilty or sure to face the maximum penalties. You have a right to challenge the allegations against you and a right to have a Lapeer DUI attorney help.


For help from an OWI attorney in Lapeer County, please contact Mr. Jocuns at (810) 255-4033. Your initial consultation is free.


What Are the Laws in Michigan for DUI?

Michigan law (MCL 257.625) prohibits a person from operating a vehicle on public roads while intoxicated or with any amount of a controlled substance in their system.

Operating While Intoxicated Means That the Driver:


  • Was under the influence of alcohol, drugs, and/or any other intoxicating substances;
  • Had an alcohol content of 0.08% or more; or
  • Had an alcohol content of 0.17% or more (referred to as a “High BAC”)

Under this statute, it’s also an offense for a person to operate a vehicle while visibly impaired. Additionally, a person under 21 years of age can be accused of a violation if they had any alcohol in their system or a BAC of 0.02% or more but less than 0.08%.

Lapeer DUI attorney Mr. Jocuns fights all allegations of violations under Michigan’s operating while intoxicated law. No matter your situation, he can defend you.

Is a DUI a Felony in Michigan?

As noted earlier, a DUI can be either a misdemeanor or felony in Michigan. The level depends on several factors, including prior DUI convictions and the circumstances surrounding the alleged offense. 

It Is a Felony in the Following Situations:


  • Third or subsequent offense within a lifetime
  • DUI causing serious impairment of body function
  • DUI causing death

Whether you’ve been accused of a misdemeanor or felony driving under the influence offense, you need an attorney on your side ready to protect your rights and future. At Bernard Anthony Jocuns & Associates, Mr. Jocuns, DUI lawyer in Lapeer, fights aggressively and does not back down from a challenge.

What Are the Penalties for a DUI in Michigan?

The penalties for a DUI conviction are severe. They can include incarceration, fines, and/or driver’s license suspension. The sanctions can profoundly impact a person’s life. For example, without driving privileges, it can be difficult to get to work, go to school, or take care of other obligations. A drunk driving mark on a person’s record can also present obstacles when the individual interviews for a job or tries to find a place to live.

Examples of Potential DUI Penalties in Michigan Include, but Are Not Limited To:


  • First violation
    • Not more than 360 hours of community service
    • Not more than 93 days in jail
    • Between $100 and $500 in fines (or $200 and $700 in high BAC cases)
  • Second violation within 7 years
    • Between 30 to 90 days of community service
    • Between 5 days and 1 year in jail
    • Between $200 and $1,000 in fines
  • Third or subsequent offense in lifetime
    • Between 60 to 180 days of community service
    • Between 1 to 5 years in prison
    • Between $500 and $5,000 in fines
  • Under 21 years of age (first violation of Zero Tolerance Law)
    • Not more than 360 hours of community service
    • Not more than $250 in fines
  • Under 21 years of age (second violation of Zero Tolerance Law)
    • Not more than 60 days of community service
    • Not more than $500 in fines
    • Not more than 93 days in jail

Facing incarceration, fines, and other punishments associated with a DUI can be scary. But you can seek a favorable outcome that could result in avoiding or minimizing penalties. Lapeer DUI attorney, Mr. Jocuns, can pursue justice on your behalf. 

Do You Lose Your Driver’s License for a Michigan DUI?

Driver’s license suspension or revocation is one of the other penalties a driver could face if arrested for operating while intoxicated. This sanction can result in two ways. The first is if the driver is convicted of a violation.

How Long Do You Lose Your License for a DUI:


  • Up to 30 days suspended (with a 150-day restriction) for a first offense
  • Up to 1 year of suspension for a High BAC
  • Up to 90 days of suspension for a first operating while visibly impaired offense
  • Up to 1 year of revocation for a second or third DUI or operating while visibly impaired offense 
  • Up to 30 days of restriction for a first underage DUI offense
  • Up to 90 days of suspension for a second underage DUI offense

What Happens if You Refuse to Take a Chemical Test?

A person can also lose their driver’s license in a Michigan DUI if they refuse a chemical test. Under Michigan law (MCL 257.625c), anyone lawfully arrested under suspicion of operating while intoxicated is required to submit to a chemical test. The test analyzes a blood, breath, or urine sample to determine alcohol content or the presence of a controlled substance in the person’s system.

Refusing the Chemical Test Can Result in Driver’s License Suspension as Follows:


  • Up to 1 year for a first refusal
  • Up to 2 years for a second or subsequent refusal

Mr. Jocuns, a Lapeer County OWI attorney, will fight to protect your driving privileges.

Schedule a Free Consultation Today

At Bernard Anthony Jocuns & Associates, people come first. We keep that motto in mind whenever we take on a new case. We see beyond the criminal charges and focus on the person and their situation. This strategy reminds us of who and what we’re fighting for. A trial attorney, Lapeer County DUII lawyer Mr. Jocuns will be prepared to present your case in court and go up against the prosecutor in front of a judge or jury.

When our Lapeer OWI lawyer takes on a case, he thoroughly reviews everything that happened, from the traffic stop to charges being filed. Conducting a thorough examination allows him to identify issues that might weaken the prosecutor’s case against his client. For instance, the officer might not have had a lawful reason to pull over or arrest the driver. Or the results of a chemical test could have been invalid because of faulty machinery or incorrect processes followed.


Learn about how Lapeer County DUI attorney Mr. Jocuns can help you by calling (810) 255-4033 or contacting the firm online.


  • “I felt very confident with him representing me in court and he ultimately helped me win back not only my reputation, but also my freedom. I owe this man my life. Thank you, Bernard Jocuns.”

    - Jordan F.
  • “I would highly recommend Bernard is one of the candidates you discuss your legal needs with before hiring and be reassured from my perspective you won’t be disappointed.”

    - Kory B.
  • “Mr. Jocuns is truly a blessing.. This is the guy that will get the job done... feels good having him by ur side.

    - Pheng L.
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what sets us apart?

  • we Fight for Justice

    Representing real human beings and not corporations in misunderstandings with government.  We are here to protect your Constitutional rights.

  • Free Case Analysis

    Please do not hesitate to contact us. Your freedom and good name may depend on it.

  • Most Experienced

    If you are being investigated for or have been arrested, it’s critical to get the help of a knowledgeable criminal defense lawyer with the expertise you will need to get the best possible outcome.

  • Best Case Strategy

    The court system can be very complex and overwhelming to maneuver, therefore a good defense lawyer is imperative. Bernard Anthony Jocuns & Associates, PLLC will help you build the strategy your defense needs while intuitively guiding you through the process.

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