Help! I Got a DUI (Drunk Driving) Charge in Michigan

Should I take the breath test?

This is a decision you may be asked to make when you are in the worst position to make it - a little woozy from a couple of drinks. In Michigan, there are two breath tests: the PBT and the Datamaster (sometimes called a breathalyzer). Refusing a PBT is a civil infraction - a ticket, typically $150. If you choose to refuse it, that is your option. Typically, that ticket can be reduced or dismissed as part of the larger resolution of your case. The Datamaster is a different story.

There is a pact between the Secretary of State and every Michigan driver. The deal is that they issue you a license and you agree to take the Datamaster when asked. If you refuse to take the Datamaster, your license will be suspended for a year. Refusal of the Datamaster makes sense in very few situations.

If you have a first-offense drunk driving charge, it usually makes sense to take the Datamaster test. Even if convicted, you will be able to get a restricted driver's license (exactly when depends on the charge). There is little to gain by refusing it - and if you refuse, police will likely obtain a search warrant to test your blood anyway, and your blood alcohol level will typically have dropped by the time that happens. Generally, take the test.

I refused the test. Now what?

When you refuse the test, you are given a notice of a report by the officer to the Secretary of State and an appeal form. It is imperative that you request a hearing within 14 days - if you don't, the Secretary of State's hearings division loses jurisdiction over the matter and will not give you a hearing.

Requesting the hearing is nothing like winning it. A well-prepared officer can easily prevail. But it's worth going through - there's a chance the officer won't attend, and even if he does, his testimony could prove valuable to the defense of the underlying case. Most significantly, requesting the hearing stops the clock for about 30 days, giving a skilled attorney time to negotiate with the prosecutor, sometimes resolving the refusal hearing along with the underlying case entirely.

Am I being charged with a felony?

Most drunk driving offenses are misdemeanors, not felonies. However, if you have two prior drunk driving misdemeanors, a third can be charged as a felony. The three basic misdemeanors can be thought of as small, medium, and large, depending on blood alcohol level: around .08 is generally Operating While Visibly Impaired, .10 and above is Operating Under the Influence of Liquor, and above .15 is High BAC, sometimes called super drunk. The difference between these charges affects your license, points, fines, and maximum jail exposure.

Am I going to go to jail? I've never been in trouble before.

In most courts it isn't likely you'll go to jail on a first-time drunk driving offense, though some courts do jail first-timers briefly - an experienced attorney can tell you what to expect from a particular judge. Your odds of jail increase dramatically if you don't follow your bond conditions. If the court tells you not to drink or to test for alcohol while on bond and you fail to comply, the judge may give you a few days in jail just to make the point clear.

What will happen to me if I was cooperative throughout?

If you remained cooperative, you're likely to get probation as a sentence in a first-time drunk driving case. The Secretary of State is likely to suspend your license but also likely to grant a restricted license to get you to and from work. When you get that restricted license depends on which of the three charges you face - the lowest (OWVI) gets a restricted license immediately, while the higher versions may mean no license for 30 to 60 days. If you have a prior alcohol-related offense within seven years, the Secretary of State will revoke your license with no restricted license available.

What about my CDL or CPL?

A commercial driver's license (CDL) is treated separately from a regular license - expect your CDL to be suspended if you're convicted of drunk driving. And once the concealed pistol licensing board sees a conviction for an alcohol-related crime, they will suspend your concealed pistol license (CPL) as well.

If you or a loved one has been charged with a DUI/OWI in Wayne, Oakland, or Macomb County, contact the Law Offices of Ezra N. Goldman for a free consultation.