Mistakes happen, but even one operating while intoxicated (OWI) charge could alter your life forever. Driving under the influence (DUI) is a serious criminal charge that can carry severe consequences. Your best chance of mitigating or refuting your OWI charge is with the help of a seasoned first-offense DUI Lawyer. A criminal defense attorney could provide advice from the moment you are charged through to the end of trial.
How First-Offenses are Handled by the Prosecution and CourtsFirst-offense DUI charges in Troy are handled by either the city attorney or the Oakland County prosecutor. If the driver was stopped and arrested by a Michigan State Police Officer or an Oakland County Sheriff’s Deputy, the case will be handled at the county level. At either level, the charge will be prosecuted severely and plea deals, if given at all, will not be very lenient.
While judges in Troy may be somewhat understanding of people’s predicaments when facing their first OWI, they will still attempt to deter them from committing subsequent infractions. If convicted of a first OWI, an individual could face jail time, probation, educational or treatment programs, community service, and fines. During the life of the case, the individual will also undergo testing to ensure that they are completely abstinent from drugs and alcohol. Further offenses could result in a higher likelihood of jail time.
Each prosecutor’s and judge’s stance should be considered when deciding on an attorney for an OWI case. A first-offense DUI attorney with proven track records of both successful negotiations and winning verdicts may be key to drivers seeking the most favorable possible results from their OWI case. A strong drunk driving attorney should also know how juries tend to act in these cases to tailor their strategy to the case.
First-Offense OWI Penalties for Drivers in TroyThe penalties for a first OWI charge in Troy can range from up to 93 to 180 days in jail depending on the driver’s blood alcohol content (BAC) or if an injury or death occurred. For first infractions, the judges are not particularly focused on jail as a requirement for a probationary period but see it as a method to ensure compliance with probationary conditions. If the driver has a criminal history or fails to abide by the terms and conditions set forth by the judge, the judge may consider putting them in jail for up to a few months until the driver complies with the judge’s orders.
There are a variety of other penalties for a first-time OWI, which can include up to 360 hours of community service, probation for up to two years, and educational counseling programs. Judges can also order testing to ensure that the driver is not using alcohol or drugs during their bond period or probation. The driver may have sanctions placed on their driver’s license depending on the conviction. In addition to court-issued penalties, those convicted of OWI may lose professional licenses or be ineligible for certain jobs.
Effects on a Troy Driver’s License After Their First DUIThe penalty for a first-time OWI charge in Troy depends on the final resolution of the case. One of the three main types of drunk driving first offenses in the city of Troy are high BACs or UBALs, which would carry a 45-day driver’s license suspension followed by a restricted license for another 320 days. However, a restricted license will be available only upon the driver installing an ignition interlock system in their vehicle and only driving the vehicle with the ignition interlock system installed, which will cost approximately $200 a month.
The restricted license is automatically issued upon having the ignition interlock device installed, and it enables the driver to travel to and from specific locations such as school, community service locations, or a counseling or probation office. There are no further restrictions beyond using a restricted license that can be placed on one’s driver license under current drunk driving laws. For a standard drunk driving charge, the initial driver’s license suspension period will be 30 days followed by 150 days of restricted driving, which will be granted automatically upon completion of the suspension period. During the 150 days, the restricted license will be exactly the same as those issued to drivers whose OWI cases involve high BACs but the driver with a standard first-offense drunk driving case will not be required to have an ignition interlock device installed in their vehicle unless ordered to by a judge.
The lesser charge of operating while visibly impaired carries a 90-day restricted license period with no requirement for a suspension, making the maximum restriction time only three months. A driver charged with operating while visibly impaired will also receive the same restricted license issues to those with regular OWI or high BAC charges, but they will not be required to have the ignition interlock device installed in their vehicles unless doing so is a term of their probationary or bond period, especially for a first-offense DUI charge.
In the state of Michigan, people always have the right to appeal whenever there is adverse action against them. However, all driver’s license suspensions and restrictions in Michigan are automatic as a matter of statute and are not subject to appeal.
How a Seasoned Attorney Could Help You Avoid MistakesThe biggest mistake to avoid when facing one’s first OWI is taking the case lightly. Most people are unfamiliar with the criminal justice system, especially if it is their first violation or charge. This unfamiliarity could lead to mistakes and eventually, conviction. Once a conviction is entered, you will carry that mark on your record for the rest of your life.
Although you may be worried about your future, know that a Troy first-offense DUI lawyer could help you build a case and stand by your side through the trial process. Seeking out excellence in criminal defense from a local attorney is the best way to protect your future. Call today to schedule a consultation for your case.