Kalamazoo OWI / DUI Defense
Don’t just accept your fate and consequences. Let Our Experienced Legal Team Find YOUR Defense. Below are a few of the areas we will help you explore for YOUR Defense:
- Issues with field sobriety administration
- Improper traffic stop or warrantless arrest
- Breath/blood test admissibility
- Potential evidence mishandling
A TOP RATED DUI LAWYER AT AN AFFORDABLE RATE
Having a former prosecutor in your corner, who has prosecuted hundreds of OWI/DUI cases from the other side, may make all the difference in your case. Our experienced defense team knows what works, what doesn’t, and how to build a successful defense strategy. It is possible to beat an OWI charge.
When you choose Sharp & Associates for your OWI defense, we will use our experience and knowledge of the other side’s tactics to begin building your defense strategy.
Potential Consequences
A conviction for Operating While Intoxicated (OWI) can have serious consequences, even if you have no criminal history and there was no injury or property damage associated with the drunk driving charge. A first offense OWI is a misdemeanor, and may be punished by:
- Up to 93 days in jail
- Up to 360 hours of community services
- A fine of $100-500
- A mandatory six-month driver’s license suspension
- Court-ordered drug and alcohol rehabilitation
In addition to the potential fines and other serious ramifications, individuals convicted of Operating While Intoxicated (OWI) can also expect to pay a $125 license reinstatement fee. An OWI conviction may also trigger indirect consequences such as increased automobile insurance premiums and limitations on job prospects.
If you’ve been charged with OWI, don’t take chances with your freedom, your mobility and your future prospects. Contact us today to schedule a free consultation. Just call 269-978-6560.
DUI or OWI – What’s the Difference?
DUI (Driving Under the Influence) and OWI (Operating While Intoxicated) are two different terms for the crime commonly known as “drunk driving”. Although “DUI” is a common term for driving under the influence of drug or alcohol, the Michigan legislature opted for OWI. For a Michigan resident, “DUI” means nothing more than “the name some other states give to OWI.”
In Michigan, a person is guilty of Operating While Intoxicated if he or she:
- Operates a vehicle while impaired by alcohol, a controlled substance, another intoxicating substance or some combination thereof; or
- Operates a vehicle with a BAC of .08 or greater.
High BAC OWI Charges
Operating a motor vehicle with a BAC of .17 or greater carries more serious consequences, even if it is a first offense.
- The driver may be sentenced to up to 180 days in jail
- The possible fine is increased to $200-700
- The mandatory driver’s license suspension period is one year
OWI Under Age
A driver under the legal drinking age of 21 may be charged under this statute if his or her BAC is .02 or greater.
OWI Defenses
Given the routine use of blood alcohol or breathalyzer testing, it may seem that most OWI cases would be open and shut. However, that’s not always the case. For example, if the officer didn’t have adequate cause to make the stop, then it is possible that evidence collected during and after the stop will be inadmissible, making it difficult or impossible for the prosecution to prove its case.
It may also be difficult for the state to prove intoxication when a driver has refused the chemical test, or there is reason to believe that BAC results may not be accurate.
Challenging Breathalyzer Test Results
Breathalyzer test results may be subject to challenge based on human error or by questioning the reliability of the device. To produce a reliable chemical test result that will hold up against challenge, the officer must follow proper procedures in administering the test and the device must be in good working order and properly calibrated.
Sentencing Alternatives in OWI Cases
Sobriety courts were established in recognition of the fact that alcoholism and drug addiction are real problems that may not adequately be addressed by traditional criminal conviction and sentencing. While not everyone charged with Operating While Intoxicated will be eligible, sobriety court offers a positive alternative for those who are motivated to conquer drug or alcohol problems.
If You’ve Been Charged with an OWI, Talk to an Experienced OWI Lawyer Right Away
An experienced OWI lawyer can help protect your rights and fight for the best resolution for you. Having a former prosecutor who has prosecuted these cases from the other side can be used to your benefit. At Sharp & Associates Law Firm, with an experienced defense attorney and former prosecutor in your corner, we know what works, what doesn’t, and how to build a successful defense strategy.
Get help right now. Call 269-978-6560, so we can begin building your defense today.