Driving while intoxicated by either drugs or alcohol is unlawful in Manistique and throughout the state of Michigan. This offense is one of the most common offenses resulting in a criminal arrest in Manistique and the consequences of a conviction are serious. If law enforcement arrested you under suspicion of DUI, it is important that you protect your rights. The sooner you discuss your options with a Manistique criminal defense lawyer, the more likely you are to obtain an acceptable resolution to your case. Let a Manistique DUI lawyer help you fight back against these charges and obtain a favorable outcome.
Manistique DUI / OWI Laws
Although drunken driving offenses are frequently referred to as DUI or DWI, different terms are used according to state law. In Manistique, this offense is typically known as operating while intoxicated, or OWI. Despite the difference in names, these offenses are similar across state lines.
When a prosecutor brings a DUI / OWI case, there are three ways they can establish guilt beyond a reasonable doubt. First, the prosecutor could show the driver was under the influence of a controlled substance, alcohol, or a combination of the two. Second, the prosecutor could introduce evidence that the blood alcohol concentration (BAC) of the accused is .08 or higher. Third, the state could prove a driver had any measurable amount of a controlled substance in their system while driving.
It is also against the law to drive if any traces of a Schedule 1 drug (or the Schedule 2 drug cocaine) are detected.
Thankfully, it is possible to fight back against each of these prosecution theories. With the guidance of a Manistique DUI attorney, the accused individual could challenge the admissibility of a breath test result or argue that the traffic stop was illegal.
Penalties for a Drunken Driving Conviction
There are numerous penalties that can come with a DUI / OWI conviction. These penalties can be steep for first-time offenders. Unfortunately, they only increase for subsequent convictions. A Manistique attorney could push back against the penalties that come with a DUI conviction, which could include incarceration, fines, and driver’s license suspensions.
It is not unusual for first-time offenders to avoid jail time. However, even a person facing their first DUI conviction could be sentenced to jail depending on the circumstances. A first offense could lead to as many as 93 days in jail and that maximum sentence increases to 180 days when a driver’s BAC is .17 or greater.
A second offense has the potential for steeper penalties. There is a minimum sentence of five days in jail for a second DUI conviction and the maximum sentence also increases to up to one year in jail.
Third or Subsequent Offense
The highest penalties are reserved for third or subsequent DUI offenses, as each of these convictions could carry a minimum of one year of incarceration. The maximum penalty in Manistique for this offense is five years in prison.
Call a Manistique DUI / OWI Attorney as Soon as Possible
An arrest under suspicion of DUI does not always mean that you will be convicted. You have the right to fight the charges against you following an arrest and many defendants are able to avoid a conviction entirely.
Let a Manistique DUI lawyer help you develop the strongest possible defense strategy. Call Berger Law right away for a confidential consultation.