Let The Lex Firm Be Your Advocates, Your Counselors, Your Voice .
If you face questioning by law enforcement agents, get pulled over by the cops for a traffic violation or drunk driving, or otherwise charged with a misdemeanor or felony under state or federal law, you are protected by the Constitution of the United States of America and are afforded Due Process, period. Our firm can assist you and be your voice defending your rights and personal liberties. Without caring advocates on your side, the criminal justice system can often eat you alive. Always remember, when it comes to crime, neither the prosecutor nor the police are on your side. They'll tell you to "cooperate with agents," or "fess up," it will be better for you; If you take a lie detector test, they'll clear you; If you sign a statement, they'll let you go...IT IS A TRAP... Always keep in mind: Anything You Say or Do CAN and WILL be USED AGAINST YOU IN A COURT OF LAW. When faced with Law Enforcement Agents, DO NOT SAY ANYTHING and DO NOT SIGN ANYTHING.
CALL THE LEX FIRM ATTORNEYS TO PROTECT YOU
Drunk Driving is called OWI, which stands for "Operating While Intoxicated". Other common acronyms for this offense are DUI, DWI, OUIL, UBAL. The crime of drunk driving is usually a misdemeanor, but depending on the number of prior drunk driving convictions you have, it can also be a felony. A successful drunk driving defense does not necessarily mean a dismissal or a not guilty verdict. Often, the most successful defense is one in which the client, while disappointed with the outcome, knows that his or her attorney did everything to protect the client from the inequities that may occur in the judicial system. A good defense in a drunk driving case begins well before the attorney even meets the client or before the client has been arrested. Becoming an effective and successful drunk driving attorney requires research, study, and preparation. Like any other successful legal specialist, a successful drunk driving defense attorney knows and studies the law. This effort does not start or end with the principal drunk driving statute, MCL 257.625. The successful advocate reads and knows the Motor Vehicle Code and the administrative rules pertaining to the DataMaster, blood tests, and urine samples. It is also important to read and follow the case-law that pertains not only to drunk driving but also to criminal law in general as well as the civil and administrative rulings that can show trends in the appellate courts. A successful practitioner will know the rules of evidence and study proper techniques of voir dire and cross-examination. Most important, the skilled drunk driving attorney conducts thorough investigations, files and argues proper motions, holds hearings, and when necessary, tries the case before either a judge or a jury. Finally, an effective defense counsel will be a creative thinker who is willing to share and discuss ideas with other attorneys in this common goal. It is important to understand that while drunk driving is a crime and should be defended like a criminal case, it is also one of the only crimes where the police officer is often the only witness and in most cases there is no discernible victim.Many attorneys feel that the Michigan courts and legislature have made the defense of drunk drivers an impossibility. This is not true. Some of the most powerful weapons in the defense attorney’s arsenal are the protections of State law and the Federal and Michigan Constitutions.While some prosecutors and police officers stay current with changes in the laws, many do not. It is up to defense attorneys to make sure that if the police or prosecutor does not follow the law, and the defendant can take full advantage of this omission. This often helps to level the playing field.Many perceive that a drunk driving conviction, particularly a first offense, will have very little impact on a person. Again, this is not true. A conviction takes a tremendous toll on the average person. Most first-offense drunk drivers have never been arrested before, and this will be their first and hopefully last experience with criminal law. There is a great deal of pressure, both emotional and financial, on a person convicted of drunk driving. It is imperative that attorneys not take these cases lightly and defend the rights of the accused to the fullest extent possible.Let the Lex Firm's experienced legal team fight for you in the event you have been arrested for drunk driving.
First time offenders face a 30 day suspension . A OWI conviction for "operating while intoxicated" carries a 30 suspension and 150 days restricted driving thereafter, e.g. to and from work, school, probation, counseling, etc. With a plea to impaired, the driver faces 90 days restricted driving with no suspension.
A second offense within seven years of a prior conviction carries a mandatory revocation of at least one year. If the second offense falls outside seven years, it is treated as a first time offense for license sanctions.
If any three convictions fall within 10 years of two other convictions, the driver's license is revoked for a minimum of 5 years.
The first chemical test refusal results in a one year suspension. As opposed to a "revocation," a hearing is not required to obtain the license after the year has expired. A second chemical test refusal carries a two year suspension.The following criminal penalties are authorized for drunk driving offenses and related offenses:Murder, second-degree
Felonious driving/moving violation causing serious impairment of a body function
OWI / OUIL / UBAL / OWVI / OWPCS resulting in death
Failure to yield the right of way to an emergency vehicle resulting in death to a police officer, a firefighter, or other emergency response personnel
OWI / OUIL / UBAL / OWVI / OWPCS resulting in serious bodily impairment
OWI / OUIL / UBAL
Knowingly permitting OWI, OUIL, UBAL, or OWVI
Zero Tolerance or Minor BAC
Child endangerment in conjunction with OWI, OUIL, UBAL, OWVI, OWPCS, or those offenses causing death or serious bodily impairment
Child endangerment in conjunction with zero tolerance
Operating while license suspended or revoked