DRUNK DRIVING CASES

Information You Need to Know

Michigan has a strict drunk driving law. Currently if you are over .08 blood-alcohol content you are considered drunk. For most individuals anything over 2 beers is going to put you over the limit.

Most people believe there is no defense to drunk driving. However, there are many different defenses to drunk driving, some of which are as simple as an invalid stop. Accordingly, it is important for a case to be reviewed appropriately by an attorney to determine what, if anything, can be challenged.

Some factors that you should be aware of are:

1) The police must have probable cause to stop you for an arrest. Should they fail to do so, that is an an invalid arrest.
2) The admissibility of breathalyzer results. e.g.: inaccurate reading.
3) The officer's jurisdictional area.
If the officer is outside of his jurisdiction and obtains a warrant from an inappropriate legal authority, the case becomes invalid.

First time offenders are subject to:
1. Up to 93 days in jail
2. Up to $500 fine
3. Up to 360 hours of community service
4. Up to 6 points on your driver's license
5. Up to 180 days with a suspended license, with a possibility of a restricted license after 30 days
6. Additional $1,000 penalty for the driver responsibility program
Additionally, you should note that the first time that you refuse to have a breath test your license will be suspended for 1 year. For a second refusal in 7 years, your license will be suspended for 2 years.

You have the right to request a driver's license appeal to the Michigan Secretary of State. This process is done through the Secretary of State and not through your local court. There is much information involved in these case types. You should contact an attorney to know your rights.

Elhart & Horvath, P.C., has years of experience in dealing with drunk driving cases and license restoration cases. To schedule a free consultation call Elhart & Horvath, P.C., at 1-800-968-4534 or (231) 946-2420.


Download Michigan Fact Sheet.pdf