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Impaired Driving 3rd Offense:If you have two prior convictions of Impaired Driving in your lifetime, then you may be charged with Impaired 3rd, which is a felony punishable by either (a) not less than 1 years and not more than 5 years in prison or (b) not less than 30 days and not more than 1 year in jail and community service for not less than 60 days and not more than 180 days, up to 5 years probation, a fine of not less than $500.00 and not more than $5,000.00, 6 points on driving record, 5 years revocation of driver’s license, appropriate substance abuse counseling, and mandatory vehicle immobilization 6 months – 3 years or possible vehicle
Alcohol Interlock Device: In addition to the penalties listed above, in some cases the Court has the authority to place an alcohol interlock device on the driver’s vehicle, which will not allow the vehicle to start unless the driver’s blood alcohol level is .00%.
Refusal to take a Breath Test: A Preliminary Breath Test (PBT) is a breath test offered by the police officer at the arrest site. Refusal to take a PBT results in a civil infraction punishable by a fine. Refusal to take the breath test at the police station will result in 6 points on the driving record and a 1 year driver’s license suspension. Additionally, if a driver refuses to take the breath test at the police station, the police officer will obtain a search warrant, take the driver to the hospital, and obtain a blood sample, which will be analyzed by the State Police to determine the blood alcohol level.
How we handle Drunk Driving Cases in Lansing: AAfter getting all of the information from our client and the police reports, we evaluate the case to determine whether there is a basis to have the case dismissed. If not, then we evaluate the case to determine whether we can go to trial with some reasonable chance of success. If not, we seek a plea agreement and sentence agreement, which would result in a conviction of a less serious offense and result in less serious penalties.
We often request clients to participate in certain programs. This is done for two reasons. First, we want to determine if our client has a substance abuse problem, and, if so, have our client address that problem. Second, we want to posture our client as best we can by being proactive in addressing any real or potential substance abuse issues in order to, if necessary, obtain the best possible plea agreement and to minimize the sentence.
Our focus with DUI / OWI cases is always to avoid a conviction, if possible. If that is not possible, then to seek a conviction of the least serious offense while minimizing our client’s sentence, and to avoid a driver’s license suspension or to obtain a restricted license.
If you are charged with drunk driving, it is essential that you retain a competent and experienced OWI attorney.