DUI Lawyer in Lansing MI

Your first drunk driving arrest represents the best opportunity to minimize consequences and potentially avoid a conviction altogether. We examine every aspect of your case including the legality of the traffic stop, the accuracy of field sobriety tests, breathalyzer calibration records, and blood test procedures. Many first-time offenders qualify for favorable plea agreements that can keep convictions off their record. DUI lawyers in Lansing MI know that aggressive defense on a first offense prevents escalating consequences on any future charges.

Repeat drunk driving offenses carry mandatory minimum jail sentences, longer license suspensions, and vehicle immobilization or forfeiture. A second offense within seven years requires a minimum five days in jail or 30 days community service, while a third offense is a felony with mandatory prison time. These cases demand experienced defense representation that can challenge the prosecution’s evidence, negotiate alternative sentencing options, and explore constitutional violations that might result in dismissed charges.

When your bodily alcohol content measures 0.17% or higher, prosecutors charge the enhanced offense of Operating With High BAC. This carries harsher penalties than standard OWI including longer license suspensions, mandatory alcohol monitoring, and possible vehicle immobilization. An experienced DUI lawyer in Lansing will challenge the reliability of the breath or blood test, investigate whether the testing equipment was properly maintained, and examine whether the sample was taken within the required timeframe.

Operating while intoxicated causing serious injury is a felony punishable by up to five years in prison. OWI causing death carries up to 15 years. These devastating charges require immediate intervention from an experienced felony defense attorney who can investigate accident reconstruction, challenge causation, and protect your constitutional rights throughout the investigation.

Operating Under the Influence of Drugs charges apply to both illegal substances and lawfully prescribed medications. Michigan law prohibits driving with any amount of Schedule 1 drugs in your system, and prosecutors can charge OUID even for prescription medications if they impair your driving. These cases often involve complex toxicology evidence that requires expert testimony to challenge effectively.

Drivers under 21 face Zero Tolerance charges for any BAC between 0.02% and 0.07%. While these are civil infractions rather than criminal misdemeanors, they still result in license sanctions and create a record that can affect college admissions, scholarships, and future employment. We help young drivers fight these charges and minimize their impact.

Commercial drivers face career-ending consequences from drunk driving charges. A conviction results in CDL disqualification for one year minimum, even if you were driving your personal vehicle. Second offenses mean lifetime CDL revocation. We fight aggressively to protect the livelihoods of truck drivers, delivery drivers, and other commercial license holders throughout the Greater Lansing area.

Operating a boat while intoxicated carries the same penalties as vehicle OWI in Michigan. We represent boaters charged with BUI on Michigan lakes and waterways, challenging the same evidence and defending the same rights as in vehicle cases.

Police must have reasonable suspicion that you violated a traffic law or committed a crime before stopping your vehicle. We obtain dashcam footage and examine the officer’s report to determine whether the stop was legally justified. Invalid stops result in dismissed charges.

Standardized field sobriety tests must be administered according to strict protocols established by the National Highway Traffic Safety Administration. Officers frequently make errors in instructions, scoring, or interpreting results. Medical conditions, footwear, weather, and road conditions can all cause false indicators of impairment.

Breathalyzer machines require regular calibration and maintenance. Michigan law requires specific procedures for breath testing including a 15-minute observation period before testing. We obtain maintenance records, challenge improper procedures, and identify factors that can cause falsely elevated readings including mouth alcohol, medical conditions, and instrument error.

Blood alcohol testing requires proper collection, storage, and analysis procedures. Chain of custody issues, improper preservation, laboratory errors, and contamination can all invalidate blood test results. We retain independent toxicology experts when necessary to challenge the prosecution’s evidence.

Your Fourth Amendment protection against unreasonable searches and Fifth Amendment right against self-incrimination apply throughout the DUI investigation. We identify violations that require suppression of evidence or dismissal of charges.

When appropriate, we negotiate with prosecutors to reduce charges from OWI to impaired driving or obtain alternative sentencing that avoids jail and minimizes license consequences.

• Maximum Jail: 93 days
• Fines: Up to $500
• License Sanctions: 30-day suspension, 150-day restriction

• Maximum Jail: 180 days
• Fines: Up to $700
• License Sanctions: 1-year suspension, possible restricted license after 45 days

• Maximum Jail: 1 year
• Fines: $200-$1,000
• License Sanctions: Minimum 1-year revocation, appeal eligible after 1 year

• Maximum Jail: 5 years prison
• Fines: $500-$5,000
• License Sanctions: Minimum 5-year revocation, possible vehicle forfeiture

The per se violation occurs when chemical testing shows a bodily alcohol content of 0.08% or higher. Prosecutors don’t need to prove you drove dangerously or appeared impaired. They simply present the test result. This makes challenging the accuracy and admissibility of the test result critical. Your drunk driving lawyer in Lansing can challenge breath test results by examining maintenance records, calibration logs, and the specific testing procedures officers followed during your arrest.

The impairment theory allows conviction even without a BAC test if prosecutors prove alcohol or drugs substantially affected your ability to drive safely. Officers typically rely on observations like slurred speech, bloodshot eyes, unsteady gait, and performance on field sobriety tests. These observations are highly subjective. Nervousness, fatigue, medical conditions, and even the stressful nature of a traffic stop can create the same symptoms officers interpret as impairment. We challenge these observations by obtaining independent witnesses, medical records documenting conditions that affect balance or speech, and dashcam footage showing you performed better than the officer claimed.

Michigan law provides several powerful defenses to drunk driving charges. The rising blood alcohol defense applies when you consumed alcohol shortly before driving but your BAC was below the legal limit while actually operating the vehicle. Because alcohol takes 30 to 90 minutes to fully absorb into your bloodstream, your BAC may have been legal while driving but had risen above 0.08% by the time police tested you an hour or more later.

Mouth alcohol can cause falsely elevated breath test results. If you burped, vomited, or had acid reflux within 15 minutes before the breath test, alcohol from your stomach can enter your mouth and cause readings far higher than your actual blood alcohol content. Michigan law requires officers to observe you continuously for 15 minutes before administering a breath test specifically to avoid this problem. We review police reports and booking videos to verify compliance.

Medical conditions including diabetes, acid reflux, and certain diets can produce compounds that breath testing machines mistake for alcohol. Some medical devices and substances can also cause false readings. Radio frequency interference from police equipment can affect test accuracy.

The most fundamental defense challenges whether police had legal justification to stop your vehicle in the first place. Officers must observe a traffic violation or have reasonable suspicion of criminal activity before initiating a traffic stop. If the stop was illegal, everything that followed including the breath test and field sobriety tests must be suppressed as fruit of the poisonous tree. We’ve obtained dismissals in cases where officers stopped vehicles based on anonymous tips, mistaken observations, or pretextual reasons.

You must provide your driver’s license, vehicle registration, and proof of insurance when requested. Beyond that, you are not required to answer questions about where you’ve been, whether you’ve been drinking, or how much you drank. Officers use these questions to gather evidence against you. Politely state that you want to speak with an attorney before answering questions.

These roadside tests including the walk-and-turn, one-leg stand, and horizontal gaze nystagmus are designed to collect evidence of impairment. They are not neutral assessments. Officers receive training focused on identifying indicators of intoxication, and the tests are difficult to perform perfectly even for sober people, especially on uneven pavement, in poor weather, or while wearing certain footwear. Refusing these tests prevents officers from gathering additional evidence against you. The refusal itself cannot be used to prove guilt at trial.

Michigan’s implied consent law requires you to submit to chemical testing after arrest or face automatic license sanctions. However, you have the right to consult with an attorney before deciding whether to take the test. Officers often refuse to allow this consultation or pressure drivers to decide immediately. While refusing the breath or blood test triggers a one-year license suspension, many drivers choose to refuse because test results provide the prosecution’s strongest evidence. An OWI attorney in Lansing MI can help you understand whether you made the right decision and how to minimize the impact.

If you cannot afford an attorney, one will be appointed to represent you. However, this right attaches only after formal charges are filed. During the roadside investigation before arrest, officers are not required to stop questioning just because you ask for a lawyer. This is why exercising your right to silence is so important.

Officers need probable cause to arrest you for drunk driving. They need either a warrant or an exception to the warrant requirement to search your vehicle. We examine whether officers exceeded the scope of their authority by searching areas of your vehicle not justified by the traffic stop or arrest.

No. Exercise your constitutional right to remain silent and request an attorney immediately.

You must provide your license and registration, but you should politely decline to answer questions about where you’ve been, whether you drank, or how much you had. Officers use these questions to gather evidence against you. Everything you say is recorded and will be used by prosecutors to prove their case. Many people harm their defense by trying to explain or minimize what happened.

Contact an experienced drunk driving lawyer in Lansing before giving any statements.

Jail is possible but not automatic for first-time OWI offenders.

Most first offense cases in Lansing result in probation rather than actual jail time, especially when defendants have no prior criminal record and no aggravating factors like accidents or extremely high BAC. Judges typically impose jail only when you violated probation, committed the offense with a minor in the vehicle, or have concerning prior history. However, prosecutors can request jail time and judges have discretion to impose the maximum 93 days.

An experienced attorney can advocate for probation, alternative sentencing, and treatment programs that keep you out of custody.

Most misdemeanor OWI cases in Lansing resolve within two to four months from arrest through arraignment.

Simple first-offense cases with plea agreements often conclude in 60 to 90 days. Cases involving contested hearings, complex evidence challenges, or trial preparation typically take four to six months or longer. Felony DUI cases proceed through circuit court and generally take six months to a year. The timeline depends on court scheduling, discovery exchanges, motion practice, and whether the case resolves through plea negotiation or proceeds to trial.

Yes, depending on the specific facts and evidence in your case. Common grounds for dismissal include illegal traffic stops, improper breath testing procedures, constitutional violations, and insufficient evidence of impairment. Many first-time offenders successfully negotiate reduced charges from OWI to impaired driving, which carries lesser penalties.

Under Michigan’s “Clean Slate” legislation, first-time OWI offenders may petition for expungement after five years, providing an opportunity to clear your record if you meet specific requirements.

An experienced DUI attorney in Lansing Michigan evaluates your case to identify the strongest defenses and negotiating positions.

Many defendants are arraigned shortly after arrest, though timelines vary based on whether you are held in custody or released on interim bond.

Your arraignment typically occurs at either 54A District Court or 54B District Court. The judge informs you of the formal charges, explains the maximum penalties, and asks how you plead. Most defendants enter a not guilty plea at arraignment to preserve all options. The judge sets bond conditions which may include alcohol testing, GPS monitoring, or restrictions on driving. You’ll receive a date for your next court appearance, typically a pretrial conference scheduled several weeks later.

Having an attorney present at arraignment helps secure favorable bond conditions and begins the defense strategy immediately.

Yes, an OWI conviction creates a permanent criminal record visible on standard background checks.

As of February 2022, Michigan’s “Clean Slate” legislation now allows first-time OWI offenders to petition for expungement after five years if they meet specific requirements.

This provides an important opportunity to clear your record after successfully completing all terms of your sentence. The conviction appears on Secretary of State driving records for life and on criminal records for at least seven years.

This affects employment applications, professional licensing, housing applications, and insurance rates. First-time offenders may also qualify for alternative sentencing options that can help minimize the long-term impact on your record. This makes aggressive defense and exploring all options critical before accepting any plea agreement.

This depends on whether you refused or failed the breath test and whether you requested an administrative hearing. If you refused chemical testing, your license is suspended immediately for one year. If you took the test and failed, you may continue driving until convicted of the criminal charge.

However, if you’re convicted or plead guilty, your license will be suspended as part of the sentence. You have 14 days from arrest to request a hearing challenging the administrative suspension. Many drivers qualify for restricted licenses after a suspension period that allow driving to work, school, medical appointments, and court-ordered treatment. An attorney helps you understand your specific license situation and file necessary paperwork to maintain driving privileges.

No. Even with a breath test over 0.08%, you have defenses that may result in reduced charges or dismissed cases.

Breath test results can be challenged based on machine calibration, operator error, testing procedures, and medical conditions affecting accuracy. The traffic stop itself may have been illegal, requiring suppression of all evidence. Many factors affect the appropriate resolution of your case beyond the BAC number. Additionally, pleading guilty immediately eliminates opportunities for favorable plea agreements or negotiating reduced charges.

Consult with a DUI lawyer in Lansing MI before entering any plea to understand your options.

Yes. The consequences of a drunk driving conviction extend far beyond the criminal penalties.

You’re facing license suspension, dramatically increased insurance rates, possible jail time, a permanent criminal record, and collateral consequences affecting employment and professional licensing. Prosecutors and judges handle hundreds of these cases and view them as routine.

Without experienced legal representation, you risk accepting plea agreements that are worse than what you could have negotiated, missing defenses that could result in dismissal, and failing to explore programs that may help you avoid or minimize the impact of a conviction. The cost of hiring an attorney is a fraction of the long-term financial and personal impact of a conviction.

Operating While Intoxicated is the standard drunk driving charge applying when your BAC is 0.08% or higher or alcohol substantially impairs your driving ability. Operating While Visibly Impaired is a lesser offense that applies when impairment is noticeable but doesn’t meet the full OWI standard.

OWVI is sometimes used as a negotiated reduced charge from OWI. While both create criminal records, OWVI carries slightly reduced maximum penalties of 93 days jail and up to $300 fine compared to OWI. However, both result in points on your license, both require alcohol treatment, and both affect insurance rates substantially.

No. While the U.S. Supreme Court has permitted sobriety checkpoints, the Michigan Supreme Court ruled in Sitz v. Department of State Police (1993) that sobriety checkpoints violate Article 1, Section 11 of the Michigan Constitution.

Police in Michigan cannot stop vehicles at checkpoints without individualized reasonable suspicion that a traffic violation or crime has occurred. Any stop made without reasonable suspicion violates your constitutional rights, and all evidence obtained from such a stop should be suppressed.

If you were stopped at what appeared to be a checkpoint or without reasonable suspicion of wrongdoing, this may provide grounds to challenge your arrest and have the charges dismissed.