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Clarkston DUI Lawyer

A conviction for DUI in Clarkston can result in serious criminal penalties that might include high fines, jail time, and lost driving privileges. If you find yourself facing DUI charges, an experienced criminal defense attorney may be able to fight for the best outcome. A Clarkston DUI lawyer can ensure that your rights stay protected while your case is pending and represent you during trial and other court proceedings. Reach out to a seasoned defense lawyer today.

DUI Law Applicable to Clarkston

In the State of Michigan, it is against the law for an adult to operate a motor vehicle with a bodily alcohol content (BAC) over 0.08. The BAC limit for Michigan drivers who are under 21 years of age is 0.02, and the BAC limit for commercial drivers—including commercial truck drivers and school bus drivers—is 0.04.

Although breathalyzer readings are important, a police officer has the authority to arrest a driver using “observation evidence” only. In other words, the officer could arrest a driver if the officer notices that the driver’s eyes are bloodshot, if the driver is operating their vehicle in an erratic manner, or if the driver performs poorly on one or more field sobriety tests (FST).

A driver is not required to submit to an FST, though an arrest may still occur without one. Regardless, a Clarkston DUI attorney can examine the circumstances leading up to your DUI arrest and determine if the police officer or some other individual violated your rights.

Types of DUI Charges

The main type of drunk driving charge in Clarkston and throughout Michigan is operating while intoxicated, or OWI. A prosecutor could use observation evidence or chemical evidence—but not necessarily both—to obtain a conviction against a driver accused of this offense.

However, other types of drunk-driving charges have different qualifying elements and standards for conviction. To convict you of unlawful bodily alcohol level/content (UBAL), for instance, the prosecutor must demonstrate beyond a reasonable doubt that your BAC was higher than the 0.08 limit. Observation evidence is not necessary for this crime because it is based on the BAC alone.

The crime of operating a motor vehicle while visibly impaired (OWVI) entails proof that the alcohol or drugs have caused the driver to become impaired to such an extent that another individual would notice the driver’s inability to operate their motor vehicle in a careful and safe manner. No breath or blood test is required for this crime.

Finally, obtaining a conviction for operating under the influence of intoxicating liquor (OUIL) requires the prosecutor to demonstrate beyond a reasonable doubt that alcohol consumption significantly lessened the driver’s ability to operate their motor vehicle in a safe manner. Like OWVI, no breath or blood test is required for this crime. A DUI lawyer in Clarkston can help identify the specific charge the State is bringing against you to assist with developing a good defense.

Potential Penalties for a DUI

A DUI charge can have a variety of consequences depending on the specific situation. Upon sustaining a first-offense OUIL, UBAL, or OWVI conviction, you could face a maximum $300 fine for OWVI or a maximum fine of $500 for OUIL/UBAL.

You could also be made to serve a maximum of 93 days in jail and a maximum of 360 community service hours. These fines and other penalties may increase significantly for offending drivers who have second and third convictions. Therefore, individuals facing DUI charges should seek the services of a well-established lawyer as soon as possible.

Talk to a Clarkston DUI Attorney for Professional Help

If you were charged with a drunk driving offense in Clarkston, do not delay in seeking experienced criminal legal representation for your case. Beyond the aforementioned criminal penalties, you could also lose your driver’s license and suffer harm to your personal and professional reputation. Speak with a Clarkston DUI lawyer today for assistance handling every aspect of your drunk driving case.