Macomb County OWI Dramatically Reduced for CDL Truck Driver

The potential consequences for an Operating While Intoxicated (OWI/DUI) charge in Michigan include a permanent criminal record, potential jail time, and driver’s license suspension. For professional drivers who hold a Commercial Driver’s License, an OWI conviction in Michigan will result in a one-year CDL suspension in addition to the sanction on the personal driver’s license.

This is the predicament that our client in Macomb County, Michigan found himself. Our client had been an over-the-road trucker for almost 30 years. It was his profession and how he supported his family. Our client also had nothing on his criminal record and only a minor speeding ticket from several years ago in a different state on his driving record. Our job was to make sure that commercial truck driving continued to be his profession and how he supported his family.

The client was referred to the Barone Defense Firm for his DUI case by another attorney. He called the Firm and promptly spoke with Barone Defense Firm’s Associate Attorney, Ryan Ballard. During the consultation, Mr. Ballard listened to the client’s recollection of events and concerns about the CDL and offered a game plan as to how to give the client the best chance at saving the CDL. After Mr. Ballard discussed the attorney options available to the client, the client decided to hire Barone Defense Firm Senior Attorney, Ryan Ramsayer, to help save his CDL.

In this case, our client had a few drinks and drove to nearby fast food restaurant. While waiting for food in their care in the drive thru, the client and his wife were randomly attacked. The attacker came up to the car and punched our client through the open window. Understandably, the restaurant workers who witnessed the assault called police. But instead of going after the attacker, the police began a drunk driving investigation on our client. The police asked our client to do standardized field sobriety tests after being punched in the head with noticeable injuries. Our client agreed to do a breath test, resulting in a .09 reading on the breath test machine.

During the pretrial phase of this Michigan OWI case, Mr. Ramsayer presented legal, factual, and personal reasons why the charge should be reduced to something that did not result in a CDL suspension. Mr. Ramsayer painted a picture of the client’s life; from his upbringing in another state, to his career as a truck driver, to meeting the love of his life and starting a family. Mr. Ramsayer also leveraged our client’s clean record, relatively low BAC (.09), and commitment to changing following the incident.

The result of Mr. Ramsayer’s diligent and impassioned advocacy was an agreement from the prosecutor to allow our client to plead to Allowing an Intoxicated Person to Drive and Careless Driving. Although the Allowing an Intoxicated Person to Drive is still a misdemeanor, it does not result in a personal driver’s license suspension or a CDL suspension. Careless Driving is a civil infraction in Michigan and also does not result in a driver’s license suspension.

Although the incident and subsequent OWI charge was a traumatic experience for our client, the work by both Mr. Ramsayer and the client avoided life-changing consequences for the client. This case goes to show anyone going through an OWI charge that diligent work by the DUI defense attorneys at the Barone Defense Firm can make difference for people facing the most serious of consequences.