Troy DUI Lawyer

Many people are not aware that when they operate a motor vehicle on a public road or parking lot in the state of Michigan, they have implicitly agreed to consent to undergo a blood, breath or urine test if they are stopped by a police officer who suspects they may be operating under the influence of alcohol or a controlled substance. A Troy DUI lawyer will understand how the laws fit with the circumstances of your DUI case and can guide you through the legal process to work toward the best possible resolution.

Individuals may also not be aware that certain categories of drivers must adhere to different standards when it comes to DUI laws or that penalties can be increased depending on passengers who may be riding in a vehicle. Laws regarding intoxicated driving change frequently, and the consequences can be severe. As such, it is essential to work with an experienced Troy defense lawyer if you have been charged with a violation involving a motor vehicle and suspected use of alcohol or drugs like marijuana.

What many people refer to as DUI or “driving under the influence” is actually listed under Michigan law under the term “OWI” or “operating while intoxicated.” There are a number of different general violations that are prohibited under the general OWI statute.

Some violations Troy DUI lawyers see specifically involve the use of alcohol, whereas others include the use of drugs, including prescription drugs like marijuana, Ambien, and Xanax. These are sometimes described in the following terms:

• OWVI or Operating While Visibly Impaired is a charge that arises when a driver is deemed to be impaired based on the driver’s appearance and actions
• OWI or Operating While Intoxicated is the term most often used when the driver is found to have a blood alcohol content (BAC) of .08% or greater
• OUID or Operating Under the Influence of drugs refers to a situation where the driver has consumed enough of a non-schedule one drug to become intoxicated. This crime includes prescription drugs and medical marijuana card holders
• OWPD or Operating With the Presence of Drugs is the term referring to the zero-tolerance drugs. Zero-tolerance drugs are “schedule one” drugs, and for these drugs, it is unlawful to drive with any amount o in the system. Marijuana is a zero-tolerance drug for non-medical marijuana card holders
• Underage operating with bodily alcohol content refers to a situation where a driver under the age of 21 operates a motor vehicle with any amount of alcohol in the system. It is also referred to as a “zero tolerance” situation and warrants immediate attention of a Troy OWI attorney

While penalties can vary based on the circumstances, generally, offenses involving driving while intoxicated or impaired in Troy, MI incur the following penalties:

• For a first offense, fines of up to $500, license suspension of up to six months, and jail time of up to three months
• For a second offense, fines of up to $1000, license suspension for a minimum of one year, and jail time of up to one year
• For a third or subsequent offense, fines of up to $1000, license suspension for a minimum of one year, and jail time of up to five years making it imperative that a Troy DUI attorney is consulted

The courts generally use a “look back” period of seven years to determine whether a driver is guilty of a subsequent offense. Drivers with subsequent offenses will be required to install a breath ignition interlock device on their vehicles before having their driving privileges restored.

While .08% is the basic alcohol threshold for a chemical test determination of OWI, if a driver’s BAC level is found to be much higher, that is, .17% or above, the penalties for the violation increase dramatically. There is no such enhancement for other drugs, so for example, the punishment does not increase with higher blood THC levels.

Penalties also increase if while operating the vehicle, the driver causes serious injury or death to another, or if there is a passenger in the vehicle under the age of 16.

It is worth noting that commercial drivers are held to a higher standard so that drivers who hold commercial licenses automatically lose their commercial driving privileges if found guilty of an OWI offense in Troy even if that offense involved off-duty driving in a personal vehicle.

An experienced attorney will be able to analyze the facts of a case and how they fit into the laws in order to build the ideal defense. If you have been charged with an offense involving impaired driving, contact a Troy DUI lawyer today to work toward the the best possible resolution of your case.