MORTIMER LAW FIRM, PLC

SERVICE - INTEGRITY - ADVOCACY

Alpena, MI Office: (989)358-2100
Petoskey, MI Office: (231)487-1201

DRUNK DRIVING

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 [email protected] 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 three offices in Northern Michigan: Traverse City, 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 free 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

  • › Misdemeanor
  • › Up to 93 days in jail
  • › $100 to $500 fine
  • › Up to 360 hours of community service
  • › 30 license suspension and 150 day license restriction
  • › Six points on driving record
  • › Court may immobilize vehicle up to 180 days

Operating While Visibly Impaired

  • › Misdemeanor
  • › Up to 93 days in jail
  • › $300 fine
  • › Up to 360 hours of community service
  • › 90 day license restriction
  • › Four points on driving record
  • › Court may immobilize vehicle up to 180 days

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

  • › Misdemeanor
  • › Imprisonment for not less than 5 days or more than 1 year
  • › $200 to $1000 fine
  • › 30 to 90 days of community service
  • › Minimum one year license revocation
  • › License plate confiscation
  • › 90-180 days of vehicle immobilization unless the vehicle is forfeited
  • › Court may order vehicle forfeited

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

  • › Misdemeanor
  • › Imprisonment for not less than 5 days or more than 1 year
  • › $200 to $1000 fine
  • › 30 to 90 days of community service
  • › Minimum one year license revocation
  • › License plate confiscation
  • › 90-180 days of vehicle immobilization unless the vehicle is forfeited
  • › Court may order vehicle forfeited

Operating While Intoxicated, 3rd Offense

  • › Felony
  • › Imprisonment from 30 days in jail up to 5 years in prison
  • › $500 to $5000 fine
  • › 30 to 180 days of community service
  • › Up to a 5 year license restriction
  • › License plate confiscation
  • › 1 to 3 years of vehicle immobilization unless the vehicle is forfeited
  • › Vehicle registration denial
  • › Court may order vehicle forfeited

Operating While Intoxicated, 3rd Offense

  • › Felony
  • › Imprisonment from 30 days in jail up to 5 years in prison
  • › $500 to $5000 fine
  • › 30 to 180 days of community service
  • › Up to a 5 year license restriction
  • › License plate confiscation
  • › 1 to 3 years of vehicle immobilization unless the vehicle is forfeited
  • › Vehicle registration denial
  • › Court may order vehicle forfeited

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.