Lapeer County DUI Lawyer

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.