DUI

Troy DUI Defense Attorneys

Pulled Over in Oakland or Macomb Counties? Call Balian Legal.

If you’ve been charged with driving while under the influence of drugs or alcohol, you have two separate legal matters to address: the criminal charge itself and the administrative proceeding that affects your driving record. In both legal proceedings, your best option is to work with an experienced attorney who understands the system and can stand up for your best interests.

At Balian Legal, we understand the significant impact that losing your license can have on your life. That’s why we treat your administrative hearings before Michigan’s Driver Assessment and Appeal Division (DAAD) just as seriously as your criminal case. The outcome of both proceedings can hinder your ability to make a living and fulfill other tasks that are central to your daily life. In the case of a restricted or revoked license, this might mean you can’t reliably get to work or pick up groceries from the store. This is not a sustainable arrangement, so our goal is to minimize the impact of a DUI charge on your ability to drive.

If you have been charged with DUI in Troy, Bloomfield Hills, or any of the surrounding areas in Oakland or Macomb counties, do not wait to seek legal assistance. Contact us online or call (248) 846-1488 to discuss your case during a free in-person or virtual consultation.

What to Do if You Are Pulled Over for Drunk Driving in Michigan

When you know you have been drinking or have consumed a mind-altering substance, even if that substance was prescribed, seeing flashing police lights in your rearview mirror can easily inspire justified anxiety. However, it is important that you keep a level head during these encounters, as there are several steps you can take to protect your rights when pulled over on suspicion of DUI.

When you have been pulled over, remember the following:

Don’t panic. The officer will carefully analyze your driving, so avoid swerving or erratic driving. Instead, use your turn signal and come to a safe stop as soon as possible.

Be calm and courteous. Being rude or standoffish to an officer will often exacerbate the situation and put you in a worse position. Treat the officer with kindness and respect.
Only answer what you have to. You must provide the officer with your name, driver’s license, and vehicle registration when requested. Otherwise, you have the right to invoke the fifth amendment and decline to answer additional questions without a lawyer present. Avoid answering seemingly innocuous questions like “Where are you coming from?” or “Have you been drinking this evening?”
Follow officer instructions. If the officer suspects you are intoxicated, they may ask you to step out of the vehicle. They may also ask you to submit to chemical testing or a standardized field sobriety test. You have the right to refuse either request but doing so can lead to other consequences.
Seek legal representation. Whether you refuse to take a sobriety test or do take one and are charged with DUI, you will need a legal professional to fight for your rights and serve as your advocate. Our attorney can swiftly respond to your inquiry and provide you with the guidance you need.

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Penalties for DUI Convictions in Michigan

DUI charges are aggressively prosecuted, and convictions can result in severe penalties. Even a single, first-time conviction with no extenuating circumstances can lead to jail time, fines, community service, and a loss of reputation.

Michigan categorizes drunk driving offenses in three categories: operating while intoxicated (OWI), which is the most common and generally charged as a misdemeanor; operating while visibly impaired (OWVI); and unlawful bodily alcohol content/level (UBAC/UBAL). Each of these offenses are subject to harsher penalties based on the number of prior convictions and any aggravating factors, such as if the impairment led to injury or death or if there was a minor in the vehicle at the time the officer pulled you over.

A first-offense conviction for OWI, OWVI, or UBAC/UBAL can all result in up to 93 days in jail, fines of $100 to $500, and mandatory community service. For OWI and OWVI convictions, a defendant may also face vehicle immobilization or the installation of an ignition interlock device, at the defendant’s expense, that can severely limit the use of the vehicle. Penalties for second, third, and subsequent convictions increase exponentially, and may be charged as felonies. For example, a conviction for OWI causing serious injury may result in a 5-year prison sentence, fines up to $5,000, and mandatory vehicle immobilization.

Michigan’s Implied Consent Law

Our state, like many others in the Union, has adopted an implied consent law that requires drivers to submit to chemical tests – which test your breath, blood, or urine – when requested by a law enforcement officer who believes you may be operating a vehicle while under the influence. You have the right to refuse chemical testing, and it may be in your best interest to do so if you know you are intoxicated and suspect you may be above the legal limit. Drivers who refuse to agree to chemical testing will face consequences, including license suspension, whether or not prosecutors can reach a conviction.

Note that chemical tests are distinct from the standardized field sobriety test, which is not covered under the state’s implied consent laws. You have the right to decline any field sobriety test without breaking any law or forfeiting your driving privileges. Officers will likely ask you to submit to a chemical test if you decline, however.

How to Protect Your License After a DUI Arrest

The best way to protect your driver’s license is to drive safely and avoid criminal charges. But if maintaining a perfect driving record isn’t realistic, there are some strategies to help you keep the ability to drive even if you make a mistake on the road:

Hire an attorney. Defendants represented by experienced criminal defense lawyers have a much higher rate of success than those who simply try to navigate the legal and administrative systems on their own.
Avoid multiple offenses. The consequences of a DUI charge increase with each additional offense. The fewer times you are charged, the easier it is to argue that you made an innocent error rather than a reckless decision.
Get your license restored. If you have lost your license for a previous offense, we can help you do the work to regain your driving privileges.

Don’t Let One Mistake Steer You Off Course

DUI is a serious charge, but it doesn’t have to derail your life. At Balian Legal, we will analyze your case and help you understand your legal options. We recognize the stress and uncertainty you experience when charged with DUI. We can question the reliability of both standardized field sobriety tests and chemical testing based on the way they were administered, the subjectivity of the arresting officer, and the calibration of the equipment.

No matter the specifics of your situation, we are committed to fighting for your innocence and will work tirelessly on your behalf. Schedule a free initial consultation with our DUI lawyers in Troy to learn more. Call (248) 846-1488 or contact our firm online.

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