Leo Neville, PLLC
Leo Neville, PLLC

Drunk Driving / Alcohol Offenses

A fun evening out with family or friends can quickly turn into a nightmare if you are stopped by the police and charged with “drunk driving”. People from all walks of life can end up with an OWI because of a simple lapse in judgment. Unfortunately, the effects of an OWI can extend long after any period of probation or jail time. Some of the serious penalties and sanctions for an OWI include the following:

LEO NEVILLE is an experienced lawyer who can help you during these rough times.

OWI

In Michigan, the main drunk driving charge is called OWI (Operating While Intoxicated). You will be charged with OWI if you body alcohol level is .08 or higher. If you took a breath alcohol test you may also have a ticket stating "per se" or UBAC (Unlawful Bodily Alcohol Content) but it is often referred to as UBAL (Unlawful Blood Alcohol Level). UBAC is now one of the two ways that a prosecutor can try to convict you of OWI. In Michigan a third OWI offense EVER is a felony and you could be jailed for 30 days up to 1 year!

If you have been charged with OWI or any drinking and driving offense, either as a misdemeanor or as a felony, you need the services of an experienced attorney. A lawyer that is knowledgeable in the defend you and fight hard for your rights.

CALL drunk driving defense lawyer LEO NEVILLE at (734) 425-6340 to schedule an appointment today.

Super Drunk

A few years ago Michigan passed a new law that is often called the Super Drunk Law, which increased the penalties for a conviction for drunk driving if the driver had a Bodily Alcohol Content of .17 or above. All of the defenses available for an OWI case are still available in these cases. Since the consequences are more severe, it is even more important to have an experienced drunk driving defense attorney.

CALL drunk driving defense lawyer LEO NEVILLE at (734) 425-6340 to schedule an appointment today.

Impaired Driving

Operating While Visibly Impaired (OWVI) is a "lesser included offense" of OWI. Sometimes a person may be charged with Impaired Driving from the start if there BAL is under .08. People often assume that a plea to Impaired is the only option for a person charged with drunk driving, if they are even given that option. However, a plea to Impaired should only be considered after your other options have been fully explored. An experienced drunk driving defense lawyer can evaluate your case and determine what those options are.

CALL drunk driving defense lawyer LEO NEVILLE at (734) 425-6340 to schedule an appointment today.

Under 21 (UBAL)

Drivers under 21 with any breath alcohol level may be charged under the Zero Tolerance law. Although not as bad as OWI or OWVI, it still affects your driving record, and can count against you if you are arrested for an alcohol offense in the future.

CALL drunk driving defense lawyer LEO NEVILLE at (734) 425-6340 to schedule an appointment today.

Refusal to take PBT

The refusal to take the hand held Preliminary Breath Test (PBT) often gets confused with the refusal to take the Breath Alcohol (“Datamaster”) test at the police station. Refusal to take the PBT following a traffic stop is a Civil Infraction, and it is not the same as an “implied consent” violation for refusing to take the breath alcohol test administered at the police station.

Implied Consent

A “refusal” to take that breath alcohol test (the “Datamaster”) at the police station following an alcohol-related offense can be a violation of Michigan’s “Implied Consent” statute. The penalties for a first violation include 6 points on your driving record and a 1 year suspension of your driving privileges, with no opportunity for restricted license. The penalties for second or subsequent violations within 7 years include a two-year suspension!

There are operator refusals, machine refusals, and actual refusals. If you refuse to take the breath test on the breath alcohol machine in the police station, or if you tried to take one but the machine registered a “refusal”, you should receive a "Request for Hearing" form. This form is usually attached to the Michigan Temporary Driving Permit. If you did not receive such a form, you should contact a drunk driving defense lawyer immediately. You must mail the Request for Hearing form to Lansing within 14 days of the arrest date or you will lose your driver's license.

An experienced defense attorney will assist you with filling out the form properly. All four issues on the form should be examined by your lawyer to assist you with contesting the allegation that you refused to take the test. There are defenses to this offense and an experienced lawyer can assist you.

CALL drunk driving defense lawyer LEO NEVILLE at (734) 425-6340 to schedule an appointment today.

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Leo D. Neville proudly serves the Detroit Metropolitan area and southeastern Michigan including the cities of: Allen Park, Ann Arbor, Canton, Dearborn, Dearborn Heights, Detroit, Farmington, Farmington Hills, Garden City, Livonia, Milford, Northville, Novi, Redford, Plymouth, Southfield, South Lyon, Ypsilanti as well as Wayne County, Oakland County, Macomb County, Monroe County, and Washtenaw County.