DUI Defense Lawyer in Michigan

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Best OWI Defense Attorney Patrick S. Fragel, Traverse City

A drunk driving – OWI charge can cost you your driver’s license, jail time and hefty fines. When you get arrested for drunk driving in Michigan, there are several defenses that can help you avoid jail and keep your license. Michigan law considers drunk driving a very serious charge. Contact DUI Attorney Patrick S. Fragel to build the drunk driving defense that will get you the best outcome for you case.

Common Defenses To Drunk Driving – DUI Charges:

  • The Police Had No Reason to Stop Your Vehicle
  • The Datamaster Machine Malfunctioned or Gave an “Error” Reading
  • The Datamaster Machine Was Not Properly Maintained
  • Your Blood-Alcohol Level Was “On the Rise” When You Took the Breath Test
  • If You Were Mentally Alert, then the Poor Driving Was Not Caused by Alcohol
  • Police Didn’t Conduct a Proper Observation Period Before the Datamaster Test [Breath Test]
  • Mouth-Alcohol Led to a False High BAC Result
  • The Poor Driving Was Not Caused By Intoxication
  • You Were Not Driving When the Police Arrested You
  • Field Sobriety Tests (FSTs) Don’t Accurately Measure Impairment

Contact Michigan DUI lawyer Patrick Fragel. for a free case evaluation concerning the drunk driving – OWI charges you are facing. It is always best to speak with an experienced attorney before going to Court alone for your DUI defense.. Although you are charged with drunk driving, there are many factors that could cause the charge to be reduced, or dismissed. Take the time to consult with Michigan DUI lawyer Patrick Fragel.

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Penalties For Michigan Drunk Driving – DUI

HIGH BAC: A new Operating While Intoxicated offense, more commonly referred to as a High BAC offense, applies to people convicted of operating a motor vehicle with a BAC of .17 grams or more. High BAC is a misdemeanor and carries the following penalties:

  • Up to 180 days in jail.
  • A fine of at least $200 but not more than $700.
  • Up to 360 hours of community service.
  • One year license suspension.

The Secretary of State may issue a restricted license 45 days after the suspension starts if the person is otherwise eligible. Proof of installation of an ignition interlock device is required before a restricted license will be issued. A restricted license will permit the individual to operate a vehicle equipped with an ignition interlock.

Penalties for OWI 1st Offense:

  • A $100 to $500 fine
  • Up to 93 days in jail
  • Up to 360 hours of community service.
  • Driver license suspension for 30 days, followed by restrictions for 150 days.
  • Possible vehicle immobilization.
  • Possible ignition interlock.
  • 6 points added to driver record. .

Penalties for OWVI, 1st Offense:

  • Up to a $300 fine and one or more of the following:
  • Up to 93 days in jail.
  • Up to 360 hours of community service.
  • Driver license restriction for 90 days (180 days if impaired by a controlled substance).
  • Possible vehicle immobilization.
  • 4 points on driver record.

Penalties for a OWI 2nd Offense within seven years

  • A $200 to $1,000 fine.
  • 5 days to 1 year in jail.
  • Thirty to 90 days community service.
  • Driver license denial or revocation for a minimum of one year.
  • License plate confiscated.
  • Vehicle immobilization for 90 to 180 days unless vehicle is forfeited.
  • Possible vehicle forfeiture.
  • Six points on driver record.

Penalties for OWVI 2nd Offense:

  • A $200 to $1,000 fine.
  • 5 days to 1 year in jail.
  • Thirty to 90 days community service.
  • Driver license denial or revocation for a minimum of one year.
  • License plate confiscation.
  • Vehicle immobilization for 90 to 180 days unless vehicle is forfeited.
  • Possible vehicle forfeiture.
  • 4 points on driver record.

Penalties for 3rd Offense OWVI or OWI – Both are Felony Convictions:

  • Operating While Intoxicated 3rd Offense:
  • $500 to $5,000 fine, and either 1 to 5 years imprisonment or Probation, with 30 days to 1 year in jail.
  • 60 to 180 days community service.
  • Driver’s license revocation and denial if there are 2 convictions within 7 years or 3 convictions
  • within 10 years. The minimum period of revocation and denial is 1 year (minimum of 5 years if there was a prior revocation within 7 years).
  • License plate confiscation.
  • Vehicle immobilization for 1 to 3 years, unless the vehicle is forfeited.
  • Possible vehicle forfeiture.
  • Vehicle registration denial.
  • 6 points added to the offender’s driving record.

Operating While Visibly Impaired 3rd Offense:

  • $500 to $5,000 fine, and either 1 to 5 years imprisonment or Probation, with 30 days to 1 year in jail.
  • 60 to 180 days community service.
  • Driver’s license revocation and denial if there are 2 convictions within 7 years or 3 convictions within 10 years. The minimum period of revocation and denial is 1 year (minimum of 5 years if there was a prior revocation within 7 years).
  • License plate confiscation.
  • Vehicle immobilization for 1 to 3 years, unless the vehicle is forfeited.
  • Possible vehicle forfeiture.
  • Vehicle registration denial.
  • 4 points added to the offender’s driving record.

Patrick S. Fragel is a former Prosecutor. He welcomes questions concerning the arraignment hearing or any other aspect of your criminal case. His Michigan Drunk Driving – DUI practice include Traverse City, Grand Rapids, Petoskey, Gaylord, Grayling, Cadillac, Manistee, Ludington and surrounding areas. You can rely on his knowledge of Michigan criminal law and the Michigan Court Rules to protect your rights and freedom.

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 Patrick S. Fragel, Attorney at Law, P.C.

800.468.7004