Is a DUI a felony in Michigan? Most of the time, a DUI in Michigan is charged as a misdemeanor offense. But when someone has two or more prior DUI convictions, or their blood alcohol content is above a certain level, the case becomes a felony offense and penalties become much stiffer. This is when you need an experienced DUI defense lawyer to develop a strong, smart defense strategy to get the charges against you reduced or dismissed.
A successful defense starts with a thorough review of the evidence in your case. Then, the lawyer will look for any problems in how that evidence was obtained or analyzed. Is a DUI a felony in Michigan? These issues may not be huge – and many are only discovered by methodically looking at the evidence – but they can have a significant impact on your case.
One example is when police fail to read you your Miranda rights, which tells you that anything you say can be used against you in court. Is a DUI a felony in Michigan? This is a common mistake, and it could be grounds to have your statements suppressed. Another example is when the person administering the breath test fails to follow a specific set of rules. Is a DUI a felony in Michigan? The breath test must be administered on a DataMaster machine, and the person giving it must be certified by the state. Failure to follow these rules could invalidate the results of the breath test and help get your case dismissed.
Depending on the circumstances of your case, there are other potential defenses as well. For example, if your DUI occurred near the border with another jurisdiction, that might make it more difficult to prove you were driving under the influence. Or, if you have previous drug-related convictions on your record, that might also affect the strength of the prosecution’s case.
It’s important to talk with a Felony DUI defense attorney as soon as possible. Is a DUI a felony in Michigan? The sooner the lawyer gets involved in your case, the more options he or she has to get the charges against you reduced or dismissed.
Is a DUI a felony in Michigan? A felony conviction for DUI can significantly impact a person’s life. It can lead to jail time, hefty fines, driver’s license revocation and community service. Additionally, it can affect future employment opportunities, and it can cause people to lose certain rights such as voting while incarcerated. This is why it is so important to have a qualified defense attorney on your side. The DUI attorneys at Michigan Defense Law can fight to avoid harsh criminal restrictions and a damaged reputation because of a DUI / OWI charge.
Felony DUI penalties in Michigan are significantly more severe than misdemeanor drunk driving offenses. Is a DUI a felony in Michigan? There are several different ways a DUI can be categorized as a felony, the most common way is having two prior DUI convictions. However, a person can also be charged with a felony if they cause serious injury or death to another person while under the influence of alcohol or drugs.
For a first or second offense, the maximum penalty is up to one year in prison and a $1,000 to $5,000 fine. In addition, the driver’s license will be revoked for one to five years and they may be forced to have an interlock device on their vehicle.
If you have a third DUI offense within seven years, it becomes a felony and the penalties are far more severe. Is a DUI a felony in Michigan? If you are convicted of a felony DUI, you can expect to spend up to five years in prison and you will be required to pay significant fines and have your driver’s license revoked for one to five years. The court can also order you to attend alcohol treatment and/or community service programs.
In cases where a person is convicted of causing the death of another person while under the influence of alcohol or a controlled substance, the penalties are very severe. Depending on the circumstances and your criminal record, you could be sentenced to up to 15 years in prison. Is a DUI a felony in Michigan? These penalties are substantially higher if the victim was an emergency responder, such as a police officer or firefighter.
There are also severe consequences if you refuse to take a chemical test when arrested for a DUI. The law in Michigan states that you are automatically considered a felony offender if you refuse to submit to a chemical test. Is a DUI a felony in Michigan? It is essential to contact an attorney right away if you are arrested for a DUI and refuse to take a chemical test.
Having a felony conviction on your record can have devastating effects, even after you serve your prison sentence. Is a DUI a felony in Michigan? A felony conviction can interfere with your ability to find work, obtain professional licenses, apply for housing or loans and can prevent you from joining the military or being able to vote. It can also impact your immigration status if you are not a citizen. For these reasons, it is extremely important to contact a Michigan felony DUI defense lawyer as soon as possible.
Is a DUI a felony in Michigan? When you are arrested for DUI in Michigan, it is very important that you have an experienced attorney who knows the process. The state takes these crimes very seriously and a conviction can change your life in many ways. A felony conviction can impact your employment and can lead to the loss of your freedom, including a lifetime revocation of your license to drive. It can also affect your ability to obtain professional licensure in fields such as medicine or law and it may interfere with your rights to vote, serve on a jury or own a gun.
A felony DUI is defined as driving while under the influence of alcohol or a controlled substance, which includes prescription drugs and illegal substances such as marijuana. Is a DUI a felony in Michigan? A person who is found guilty of this offense will face severe legal consequences, including jail time, heavy fines and a permanent record. Typically a first or second offense will result in a misdemeanor charge, while repeat offenders or cases involving serious injury or death are usually charged as a felony.
There are several steps in the DUI felony arrest process that begin with your arraignment. Is a DUI a felony in Michigan? At this hearing the judge will read the charge against you and ask how you wish to plead (guilty, not guilty or no contest). Then they will set your bond.
During your trial, the Prosecutor will have to prove you are guilty beyond a reasonable doubt. This is a very difficult standard to meet, especially in cases involving a high BAC. Is a DUI a felony in Michigan? Our attorneys are experts in the DUI process and will thoroughly investigate the evidence in your case to determine any defenses available.
After the trial, a Judge or jury will decide whether you are guilty of the charge against you. Is a DUI a felony in Michigan? If you are convicted of a felony DUI, you will face significant fines, lose your license and be required to attend mandatory alcohol treatment classes. Depending on the severity of your case and your prior record, you could spend one to five years in State prison.
A felony DUI is a very serious crime, but there are many ways in which your attorney can work to have the charges against you reduced or dismissed. An experienced Michigan felony DUI attorney will carefully examine the facts of your case and see if any prior DUI convictions can be excluded from the count to reduce the charges against you. They will also review the circumstances surrounding your arrest and make sure that you have a strong criminal background before advising you to plead guilty or not guilty.
Paul J Tafelski, Michigan Defense Law | Criminal Attorney and DUI Lawyer
2525 S Telegraph Rd suite 100, Bloomfield Hills, MI 48302, United States
(248) 451-2200