OWI (Operating While Intoxicated)
The threat of criminal prosecution is a very serious matter, and can have wide ranging consequences for your work, finances, and daily life. If you are facing the prospect of a day in court because of an alleged criminal offense, including operating while intoxicated (OWI), it is very important to speak to a qualified criminal defense attorney in order to protect your rights. East Lansing criminal defense lawyer Steven M. Feigelson has years of experience representing Michigan residents before the criminal courts, and can provide you with the skilled legal representation you need during this crucial time.Operating While Intoxicated (OWI) in Michigan
An OWI offense in Michigan can be a very serious crime. Michigan takes a tough stance on OWIs depending on the circumstances and whether it is your first offense. This is why talking to a qualified OWI defense attorney, such as Steven M. Feigelson, is critical to protecting your rights if you are facing OWI charges.
Under Michigan law, the legal blood alcohol content (BAC) limit for drivers over 21 is .08%. If you are a driver under 21, you are subject to Michigan’s Zero Tolerance Law, which sets a BAC limit of .02% for drivers under 21. Additionally, under Michigan’s Super Drunk Law, drivers are subject to additional penalties when they are found to have a BAC at or above .17%.First, Second or Third Offense
Steven M. Feigelson can assist you with your OWI case whether this is your first experience with this charge, or whether you have run into difficulty with the law in this regard in the past. In Michigan, your OWI case will be treated differently depending on whether it is a first, second or third offense. A first OWI offense is considered a misdemeanor. Punishment for a misdemeanor can include up to 93 days in jail, $500 in fines, 360 hours of community service, and completion of a court-ordered alcohol and drug education program. The court also has the option to suspend your license for 30 days. If your offense is a Super Drunk offense, the punishment increases to a possible 180 days in jail and a one-year suspension of your license.
If you receive another OWI within seven years of your first offense, this becomes an OWI second offense. Although still considered a misdemeanor, you face the prospect of anywhere from five days to one year in jail, in addition to fines, community service and education classes. More significantly, a second offense under Michigan law requires a one-year suspension of your license. After the year, you many petition in court to have your license reinstated, however, this requires a hearing and if you lose, you must wait another year without a license to go through the process again.
A third OWI offense becomes an even more serious matter. Under Michigan law, a third OWI is a considered a felony, which can include between one and five years in prison, a fine between $500 and $5,000, and 60 to 80 days of community service. For a third OWI, you are required to spend at least 30 days in jail, and your license will be revoked for at least one to five years. Your car may also be possessed and your license plate confiscated, and the state may declare your vehicle “immobilized” for anywhere from one to three years, requiring you to pay a yearly $1,000 fine during this time. Even more importantly, conviction of a third OWI can make you a convicted felon, a very serious consequence for operating while intoxicated.
Handling your first, second, or third offense requires the assistance of an experienced and qualified OWI defense attorney. Steven M. Feigelson can help you fight for your rights, especially in circumstances where you feel you may have been treated wrongly or where you believe your BAC test was administered improperly. It is important to prepare for your day in the courtroom as thoroughly as possible, in order to ensure that you get the justice and fair treatment you deserve.Get the OWI Advice and Representation You Need
If you or a loved one has been charged with an offense under Michigan’s OWI, Super Drunk, or Zero Tolerance laws, you must seek legal representation immediately. Michigan OWI defense attorney Steven M. Feigelson is a seasoned criminal defense attorney serving the greater Lansing area, and is available to assess your case and determine your legal options. He will fight to help protect your rights, whether this is your first, second or third offense, and will work to get you the outcomes you deserve. We provide high quality legal advice to residents of a number of local communities, including St. Johns, Charlotte, and Howell, so do not hesitate to contact us immediately at 517-333-3373 or online.