Driving Under the Influence (DUI)
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We Ensure Your Rights Aren’t Violated
If you are arrested for drinking and driving in Michigan, you face life-changing penalties. Depending upon the charges, you could lose your license, spend time in jail, and be sentenced to probation or mandatory counseling. The exceptional attorneys at Triton Legal PLC analyze your case each step of the way and make sure your rights are not violated.
Since we handle a great deal of Drunk Driving Offenses in Bay City, Michigan, we know that being accused of violating the drunk driving laws (MCL 257.625) can cost you. Making sure you hire the best drunk driving lawyer in Bay City becomes critical to ensuring a positive outcome in your case. We have handled a significant amount of drunk driving cases in Bay City, and we aren’t afraid of taking a case to trial. We have success at the motion level, trial level, and even appeals in drunk driving, DUI, OWI, and other alcohol related offenses.
In general, there are 3 levels of Driving Under the Influence (DUI) charges in the state of Michigan:
- Driving with a high Blood Alcohol Content (.17 or over), commonly known as the Super Drunk Law.
- Operating While Intoxicated (OWI)(OUIL)
- Operating While Impaired (OWVI)
The penalties for these offenses range from having 6 points added to your license, mandatory counseling for one year, and the installment of a breathalyzer device on your vehicle (for the high BAC charge), down to 4 points, probation, and a 90-day restricted license (for Impaired driving).
Michigan Law – MCL 257.625 – is a complex area, which requires a deep knowledge of the interaction of a range of other laws that can affect you should you be charged with a drunk driving offense in Bay City.
These offenses can be broken down into three parts:
- Why did the police have contact with you?
- Did the police compile enough information to believe you were driving under the influence?
- Did the police follow the proper procedures throughout the arrest process?
Many people want to know what to do should they get pulled over for Drunk Driving. While no case is typical, it is almost always advisable to not speak or volunteer information if you are pulled over after imbibing. You should ALWAYS remain respectful, and allow us to sort things out after an arrest for Drunk Driving. If the police ask you to step out of your vehicle, you must do so. You are not required to take a Preliminary Breath Test (Or roadside test), and you are not required to perform Field Sobriety tests for an officer. While these are Civil Infractions and you may receive a ticket for refusal to take roadside tests, it is a common misconception that you lose your license for refusal. If you refuse anything on the side of the road, it would likely only result in the civil infraction, and a few points on your license. You are only required (under penalty of losing your license) to submit to a Breath Test AFTER you’ve been arrested for a Drunk Driving Crime.
If your rights were violated at any time during the process, we immediately file motions and other court documents to address the issues in your case.
COURT PROCESS IN DRUNK DRIVING CASES:
In Michigan, when you’ve been charged with a Drunk Driving or OWI, the court process can be very confusing. The experienced drunk driving attorneys at Triton Legal will guide you through the process and make sure that you understand what your best options are.
When you are charged with a Drunk Driving Offense in Bay City, Saginaw, Midland, Arenac, or the surrounding areas, the first thing to happen after arrest will be your Arraignment. This is a process where by the Judge tells you what you are charged with, and the maximum possible penalties. They may also set bond conditions at this hearing. Hiring the Team at Triton Legal PLC can sometimes be beneficial because we can waive this first hearing for you, preventing you from having to take precious time off work, sitting in a courtroom for hours.
The next step of the process is a Pre-Trial, where we will speak with the prosecutor to see whether the case and be resolved. After this step, in many instances Motions will be filed to keep out certain evidence, or to attempt to bring evidence in.
If not resolution of the case is made at the pre-trial, the case would then proceed to Trial. At trial, you have the opportunity to call witnesses, and cross examine the prosecutions witnesses. You can also challenge the prosecutions evidence of drunk driving, and present evidence that is contrary to the prosecutions.
If you are found not guilty, the case is over and you would be free to go. If you are found guilty at trial, you would be referred to a Probation agent to complete a pre-sentence interview, and then return later for sentencing.
At Triton Legal PLC, we take pride in diligently representing the best interests of our clients, including taking on over zealous cops, prosecutors and judges. Call us today.
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