Being jailed for driving under the influence in Northern Michigan can be a frightening experience.  Many individuals think that (Driving under the Influence) DUI cases cannot be defended. This is incorrect.  If you get a DUI or OWI in the Alpena, Petoskey, or Traverse City, MI area contact us at info@rdmortimerlaw.com or at (989) 358-2100. Your consultation will be free of charge.

DUI General Information Driving under the influence of alcohol is among the most common offenses in our country.  Defending DUIs has become more complex because of the “legal limit” for alcohol consumption being lowered and the courts placing harsher penalties on individuals convicted of DUI (OWI is the Michigan term for drunk driving offenses).

The most obvious modification to our DUI laws was the introduction of the per se law. The per se law states that it does not matter whether you were actually impaired, it only looks to see if your blood alcohol level was above the legal limit. In Michigan, if a motorist has a blood alcohol content (BAC) of.08 or above they are presumed to be intoxicated. In Northern Michigan, upon arrest you will be instructed to take the BAC test. You will be told to blow into a gadget called the BAC Datamaster.

The Mortimer Law Firm is experienced in the operation and functionality of this device and knows how to attack the credibility of its results by questioning thevalidity of each test because of human or mechanical error. If you are charged with a DUI or OWI, please do not hesitate to contact the Mortimer Law Firm.

Our attorneys are highly skilled and trained to represent you and fight for your rights. We have two offices in Northern Michigan: Petoskey and Alpena, MI.

Michigan Drunk Driving/OWI/OWVI Law

Many people arrested for Drunk Driving/OWI/OWVI have never had any experience with Michigan’s criminal justice system. Understanding your options requires the advise of an experienced attorney.

Call us for a consultation at (989) 358-2100.

Analyze Your Legal Options

Contrary to popular belief, not all drunk driving cases are “open and shut” cases. Police do make mistakes and fail to follow proper procedure. Identifying these issues is key to understanding your legal options:

• Was the arrest constitutionally valid? What may appear to be a “routine” drunk driving arrest could in fact be a violation of your constitutional rights?
• Was the client properly informed of their Chemical Test Rights?
• Were statements taken from the client in violation of their Miranda rights?
• Are there factors other than alcohol use that could account for any alleged driving irregularities?
• Are there factors other than alcohol use which could have influenced the client’s performance on the field sobriety test?
• Was the officer who operated the breath testing equipment properly qualified to operate the equipment?
• Was the breath testing equipment functioning properly?
• Were there any violations of the Administrative Rules for Breath Alcohol Tests?
• Could the breath test’s results be influenced by medical or other external factors?
• Are there any inaccuracies in the arresting offer’s report/citation which call into question the officer’s credibility?

Understanding any potential defenses and the likelihood of success is vital to making an informed decision regarding your drunk driving/OWI/OWVI charge. We understand the impact that a drunk driving charge can have on a client’s life. We know that our clients entrust us to assist them in making the right choices. We take this your case seriously. We solve problems.

Operating While Intoxicated

• $100 to $500 fine and one or more of the following:
  • Up to 93 days in jail.
  • Up to 360 hours of community service.
• Driver’s license suspension for 30 days, followed by license restrictions for 150 days.
• Possible vehicle immobilization.
• Possible ignition interlock.
• Six points added to driving record.
• Driver Responsibility Fee:
  • $1,000 for OWI.
  • $500 for OWPD.

Operating While Visibly Impaired

• Up to a $300 fine, and one or more of the following:
  • Up to 93 days in jail.
  • Up to 360 hours of community service.
• Driver’s license restrictions for 90 days (180 days if impaired by a controlled substance).
• Possible vehicle immobilization.
• 4 points added to the offender’s driving record.
• Driver Responsibility Fee of $500.

Operating While Intoxicated, 2nd Offense (within 7 years)

• $200 to $1000 fine, and one or more of the following:
  • 5 days to 1 year in jail.
  • 30 to 90 days of community service
• Driver’s license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
• License plate confiscation.
• Vehicle immobilization for 90 to 180 days, unless the vehicle is forfeited.
• Possible vehicle forfeiture.
• 6 points added to the offender’s driving record.
• Driver Responsibility Fee of $1,000.

Operating While Visibly Impaired, 2nd Offense (within 7 years)

• $200 to $1,000 fine, and one or more of the following:
  • 5 days to 1 year in jail.
  • 30 to 90 days of community service.
• Driver’s license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
• License plate confiscation.
• Vehicle immobilization for 90 to 180 days unless the vehicle is forfeited.
• Possible vehicle forfeiture.
• 4 points added to the offender’s driving record.
• Driver Responsibility Fee of $500.

Operating While Intoxicated, 3rd Offense

• $500 to $5,000 fine, and either of the following:
  • 1 to 5 years imprisonment
  • Probation, with 30 days to 1 year in jail.
• 60 to 180 days community service.
• Driver’s license revocation and denial if there are 2 convictions within 7 years or 3 convictions within 10 years. The minimum period of revocation and denial is 1 year (minimum of 5 years if there was a prior revocation within 7 years).
• License plate confiscation.
• Vehicle immobilization for 1 to 3 years, unless the vehicle is forfeited.
• Possible vehicle forfeiture.
• Vehicle registration denial.
• 6 points added to the offender’s driving record.
• Driver Responsibility Fee of $1,000.

Operating While Visibly Impaired, 3rd Offense

• $500 to $5,000 fine, and either of the following:
  • 1 to 5 years imprisonment
  • Probation, with 30 days to 1 year in jail.
• 60 to 180 days community service.
• Driver’s license revocation and denial if there are 2 convictions within 7 years or 3 convictions within 10 years. The minimum period of revocation and denial is 1 year (minimum of 5 years if there was a prior revocation within 7 years).
• License plate confiscation.
• Vehicle immobilization for 1 to 3 years, unless the vehicle is forfeited.
• Possible vehicle forfeiture.
• Vehicle registration denial.
• 4 points added to the offender’s driving record.
• Driver Responsibility Fee of $500.

Accidents Involving Serious Injury or Death

In the event that you should be involved in an accident where an individual dies, there is a possibility that you could be charged with a wide array of crimes including manslaughter or negligent homicide. If alcohol or drugs are found in your blood stream, the felony offense of Operating While Intoxicated Causing Death could be charged which carries a possible 15 year prison sentence.

We solve problems, your problems. Call us at (989) 358-2100.