Lapeer County DUI/OWI Attorney

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 County DUI/OWI 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.

Typically, a DUI is a misdemeanor upon a first or second violation.

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/OWI lawyer in Lapeer County, 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. Mr. Jocuns can pursue justice on your behalf. 

When he 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.

A trial attorney, Lapeer County DUI/OWI 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.

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.

The suspension or revocation periods upon a conviction include:

• 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

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 DUI/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. 

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