Strong Legal Defense For Drunk Driving Charges
People from all walks of life find themselves faced with charges of drinking and driving. The consequences of a DUI conviction in the state of Michigan have never been more severe: jail, probation, license restrictions, suspensions and revocations, fines and costs, and burdensome driver responsibility fees.
Experienced Defense Against All OWI/OUIL/DWI Charges
The lawyers at David G. Moore, Attorney at Law, have dealt with literally thousands of Michigan DUI cases. Our founding attorney, David Moore, has extensive experience as a prosecuting attorney and a Kalamazoo DUI defense lawyer in private practice. No matter what the charges, whether it’s your first offense or you’ve had multiple DUI offenses, our team can help limit the impact of a fateful arrest for drunk driving:
- Operating while intoxicated by alcohol (OWI/OUIL/OWVI)
- Aggravated drunk driving charges
- Operating under the influence of drugs (OUID)
- Repeat OWI or enhanced OWI (Michigan)
- Felony drunk driving (third offense or injury accident)
- Underage drinking and driving (zero-tolerance offenses)
- Refusal of the breath test
OWI Defense For Out-Of-State Drivers
We are available during nights, weekends and even holidays to come to the aid of nonresident drivers (college students, truck drivers, travelers) arrested on suspicion of drunk driving while passing through the Kalamazoo area.
A Two-Pronged Approach To Drunk Driving Defense
Our lawyers take a two-pronged approach to these types of cases: litigation and damage control. Both approaches are utilized evenly with one goal in mind — the best possible result for our clients.
In the litigation approach, we explore whether the contact with the police passes constitutional muster. Was there probable cause for the arrest, were field sobriety tests performed correctly, was the proper procedure followed when the evidence sample was obtained, was the operator qualified to operate the breath test machine, and was the machine accurate?
Damage control refers to exploring opportunities to avoid a criminal record, avoid jail and otherwise minimize the impact. This includes fighting for your driving privileges in the driver’s license hearing. We also work to ensure that those who have a problem with alcohol or drug abuse get the help they need and not merely punishment.
What If I Declined To Take The Breath Test?
Michigan is an implied consent state. This means that when you have a driver’s license, by implication you agree to submit to blood-alcohol testing when the police ask you to. If you decline, your license will automatically be suspended for one year and six points will be added to your record. However, you may be able to get full or partial driving privileges back by requesting a hearing.
What Are The Most Common Defenses To A DUI Charge?
The arresting officer’s conduct during your traffic stop is the key to most DUI cases, because that is when most of the evidence is gathered. Often, a skilled defense attorney is able to prove that the officer mishandled the stop. For example, the officer may have pulled you over without probable cause to do so. Or they failed to properly calibrate the breath test machine, leading to a faulty blood-alcohol reading. In other cases, the arresting officer misinterpreted the results of the field sobriety tests or did not account for things like slippery roads or a driver with a disability.
Will My Insurance Go Up If I’m Convicted?
Auto insurance companies usually raise their premium rates for customers after an DUI/OWI conviction. Sometimes the premiums will double or go even higher, and can last for years. This is something to consider before pleading guilty to a DUI/OWI charge.
What Are The Consequences Of A First-Time DUI Conviction? What About A Second Conviction?
If you have no prior record, a conviction for standard DUI (driving with a blood-alcohol level of between .08 and .17) can result in up to 93 days in jail, the loss of your driver’s license for up to 180 days, up to 360 hours of community service and a maximum $500 fine. You may also be ordered to take a DUI education course or undergo substance abuse treatment.
The potential penalties go up for a subsequent conviction: up to a year in jail, a suspended license for at least a year, 30-90 days of community service, and probation. The court may confiscate your license plates, and you may have to pay for an ignition interlock device to get them back.
Talk To A DUI Criminal Defense Attorney Today
If you or someone who you know is confronted with an OWI charge, call our office at 269-216-4573 or contact us online to set up a free, no-obligation consultation. We take cases in Grand Rapids, Kalamazoo and throughout southwest Michigan.