(734) 422-5900
Pay My Retainer
Pay My Invoice
Estate Planning
Family law
Criminal Defense

Drunk Driving Defense Attorneys in Livonia, MI

Schedule a Consultation

Did the police stop and charge you with drunk driving? Getting arrested for OWI can cause you significant embarrassment and worry about what an arrest or conviction may mean for your reputation, freedom, and future. However, you don’t have to face the criminal justice system alone. An experienced lawyer can walk you through your options for defending yourself against your charges or pursuing a favorable resolution to the prosecution.

After a drunk driving arrest, you need seasoned legal counsel to help you protect your rights and interests. Contact Creighton McLean & Shea PLC for a free initial case evaluation with a knowledgeable criminal defense attorney to discuss your options for seeking a favorable resolution to your OWI charges.

Why Choose a Criminal Defense Attorney from Creighton McLean & Shea PLC?

When the police have stopped and arrested you for intoxicated driving, you may worry about the consequences of a conviction. Your choice of legal counsel can make a difference in the outcome of your charges. Choose the legal team at Creighton McLean & Shea PLC to advocate for you in the criminal justice system because:

  • Our lawyers have over 77 years of legal experience in Livonia’s longest-serving law firm.
  • We’ve worked hard over the years to develop a reputation for providing residents of Southeastern Michigan with legal representation backed by honesty and integrity.
  • Our legal team strives to treat every client like family, putting their needs and goals above all else.
  • Our attorneys will put in the time and effort necessary to examine your case from every angle to ensure we provide you with tailored, comprehensive legal solutions.

Understanding Michigan’s Drunk Driving Laws

In Michigan, a person commits an offense if they operate a vehicle on a highway or other place open to the general public or accessible to motor vehicles, such as a parking lot, while intoxicated. The OWI law defines “operating while intoxicated” as including:

  • Operating a vehicle under the influence of alcoholic liquor, a controlled substance, or another intoxicating substance
  • Operating a vehicle with a blood alcohol concentration of 0.08 or more
  • Operating a vehicle with a blood alcohol concentration of 0.17 or more

Furthermore, the law prohibits vehicle owners from allowing other individuals to operate their vehicles while intoxicated.

A person may also commit an OWI if they operate a motor vehicle after consuming alcoholic liquor or controlled substances to the extent that the person becomes visibly impaired.

Michigan also has an implied consent law, which presumes that every driver consents to chemical testing following an OWI arrest. A driver who refuses chemical testing following an arrest may face various administrative penalties, including suspension of their driving privileges.

Penalties for a Drunk Driving Conviction

The penalties that a driver may face after an OWI conviction in Michigan will depend on the degree of the driver’s intoxication and the number of prior OWI convictions they have. A first conviction with a BAC below 0.17 can impose penalties such as:

  • A fine of up to $500
  • Up to 93 days in jail
  • Up to 360 hours of community service
  • A driver’s license suspension of up to 180 days
  • Six points on a driver’s license

A first conviction with a BAC of 0.17 or more can impose penalties such as:

  • A fine of up to $700
  • Up to 180 days in jail
  • Up to 360 hours of community service
  • A driver’s license suspension of up to one year
  • Six points on a driver’s license
  • Mandatory alcohol treatment program
  • Ignition interlock device requirement to obtain a restricted driver’s license

Penalties can also increase for subsequent convictions. A second conviction within seven years of a prior OWI conviction can impose penalties that include:

  • A fine of $200 to $1,000, and
  • Five days to one year in jail, or
  • 30 to 90 days of community service

A third or subsequent conviction in a driver’s life can impose penalties that include:

  • A fine of $500 to $5,000, and
  • One to five years in prison, or
  • Probation with 30 days to one year in jail and 60 to 180 days of community service, with at least 48 hours of incarceration served consecutively

In certain circumstances, a court may have the authority and discretion to impose a term of probation instead of sentencing a defendant to incarceration following a drunk driving conviction.

Drivers may face even harsher penalties for OWI convictions that involve aggravating circumstances, such as:

  • Causing an Accident Resulting in Death – Up to 15 years in prison (up to 20 years with a BAC of 0.17 or more and a prior conviction within seven years), a fine of $2,500 to $10,000, or both imprisonment and a fine
  • Causing an Accident Resulting in Severe Impairment of Another Person’s Body Function – Up to five years in prison (up to 10 years with a BAC of 0.17 or more and a prior conviction within seven years), a fine of $1,000 to $5,000, or both imprisonment and a fine
  • Driving with a Passenger Under 16 – A fine of $200 to $1,000 and up to one year in jail or 30 to 90 days of community service, or a fine of $500 to $5,000 and one to five years in prison or probation with 30 days to one year in jail and 60 to 180 days of community service, with at least 48 hours of incarceration served consecutively after a second conviction within seven years of a prior conviction or a third or subsequent conviction

An OWI conviction can have other consequences, including a $1,000 penalty for two consecutive years under the Driver Responsibility Act, increased auto insurance premiums, potential loss of employment that requires driving, and a criminal record that can impose a social stigma that may make it more challenging to pursue employment, housing, or educational opportunities.

Defenses to Drunk Driving Charges

A driver charged with OWI may pursue various defense arguments against the prosecution’s case, such as:

  • No Operation of a Vehicle – A defendant may argue that they did not operate a vehicle while intoxicated, such as when a person decides to sleep in their car until they sober up.
  • Unlawful Traffic Stop – Defendants may challenge the legality of the police’s traffic stop by arguing that officers lacked reasonable suspicion or probable cause of OWI or another traffic or criminal offense.
  • Unreliable Field Sobriety or Chemical Testing – A defendant may seek to exclude or undermine the reliability of field sobriety or chemical test results by highlighting issues with the police’s testing protocol, breaks in the chain of custody of chemical testing samples, or a lack of calibration of testing equipment.

How Can an Attorney Help You Face Prosecution

A seasoned attorney from Creighton McLean & Shea PLC can help you seek a favorable resolution to an OWI charge by:

  • Thoroughly investigating your case to obtain all available evidence that may support defenses
  • Reviewing the facts and circumstances to identify potential legal strategies
  • Explaining your charges and walking you through the potential outcomes of your case to ensure you can make informed decisions
  • Contesting aspects of the prosecution’s case to seek a reduction or dismissal of your charges, if possible
  • Pursuing the best possible outcome under the circumstances, whether that means a favorable plea deal or advocating your case at trial if you choose to fight your charges

Contact Our Firm Today for Experienced Advocacy

When the police arrest you for intoxicated driving, don’t wait to speak with a knowledgeable attorney to discuss your charges. Contact Creighton McLean & Shea PLC today for a free, confidential consultation with an experienced criminal defense lawyer to discuss your legal options for pursuing a favorable resolution to your OWI case.

Practice Areas
Contact Us
Creighton McLean & Shea PLC logo