Operating While Intoxicated

Operating While Intoxicated

If you have been arrested for Drunk Driving it is imperative that you act quickly. Insuring that your rights are protected is of the utmost importance. Do not immediately assume you are guilty. Being charged with a DUI is different than being convicted of a DUI. At DeMatteis & Ricciardello, our team is experienced in Drunk Driving defense. We know what evidence must be brought forward by the prosecution to obtain a conviction as well as strategies to attack their case.
There are numerous Drunk Driving charges in the State of Michigan. All of which carry a potential for jail time and significant license sanctions.

Traffic Violations

At some point during every driver’s life, they get a pulled over and receive a ticket. Most, upon receipt of a ticket, just pay the fine. Come to find out later, that ticket carried “points” which can create several driver’s licensing and insurance issues. Some traffic tickets in Michigan are Misdemeanors, depending on the offense. A Misdemeanor is a criminal offense and the penalties are more harsh than a simple traffic ticket.

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Criminal Defense

Facing a criminal charge in the State of Michigan is understandably an overwhelming time in your life. At DeMatteis & Ricciardello, PLLC, we are here to ensure you, that you are not alone. Our team is equipped with experience in the Michigan Criminal Courts and a genuine passion for criminal law. It is our goal to present your case to the prosecutor and jury to secure the best outcome for you. Whether that outcome is a dismissal, a not guilty verdict or another outcome that achieves your goals. The effect that a conviction can have on your life can be equally devastating. In Michigan, a criminal charge has severe consequences.

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Drug Offenses

A potential drug charge in the State of Michigan, even if it is your first offense, should be taken very seriously. Depending on the type of drug in your possession and the amount determines what type of charge the prosecutor will bring against you. At DeMatteis & Ricciardello, our team is experienced in every drug case and understand the ways in which the prosecution will view your case. Our knowledge provides us the insight on how to prepare your defense strategy and diligently represent you throughout negotiations or at trial.
In the State of Michigan there are numerous drug offenses. The way in which the prosecution will charge your case depends on the type of drug and its drug schedule classification. All of the scheduled drugs carry a potential for jail time, driver’s license sanction, and a drug conviction on your record.

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Dealing with the repercussions of Operating While Intoxicated

Operating While Intoxicated (OWI, DWI, OUI, DUI):

  • Potential 93 days in county jail and/or 360 hours of community service.
  • Fine of $100-$500 not including Court Costs and Probation Oversight.
  • Drivers license suspension for one month followed by five months of license restrictions
  • Six points on your driving record
  • Secretary of State Driver Responsibility Fee of $1,000 oer year for two consecutive years
  • Potential Vehicle Immobilization

Operating While Intoxicated as a Minor (Zero Tolerance OWI):

Zero Tolerance refers to the Blood Alcohol Content (BAC) of an individual operating a motor vehicle that is under the age of 21. If you are a minor and your BAC is above a .02 but below .08 you will be charged with a Zero Tolerance drunk driving offense. If you are under 21 and your BAC is over .08, you will be charged with a Drunk Driving charge the same as a person over 21. The potential penalties include:

  • Fines up to $250 not including Court Costs and Probation Oversight.
  • Up to 360 hours of community service.
  • Four points on your Secretary of State Driving Record.
  • Secretary of State Driver Responsibility Fee of $500 per year for two years.

Operating While Visibly Impaired

  • Potential 93 days in county jail and/or 360 hours of community service.
  • Fine up to $300 not including Court Costs and Probation Oversight.
  • License restrictions for 90 days (NO HARD SUSPENSION OF YOUR LICENSE).
  • Four points on your Secretary of State Driving Record.
  • Secretary of State Driver Responsibility Fee of $500 per year for two years.

    • Operating While Intoxicated with High BAC (Super Drunk)

      In 2010 the High BAC law, commonly referred to as Super Drunk, went into effect. This new law increased penalties for individuals charged with a Drunk Driving Offense where their Blood Alcohol Content (BAC) is over a .17. Michigan Super Drunk Law imposes some very strict sanctions if convicted. It is imperative to be proactive and hire an attorney that knows how to protect your rights at all costs. The potential penalties include:

      • Potential 180 days in county jail and/or 360 hours of community service.
      • Fines of $200-$700 for 45 days followed by a year of license restrictions.
      • Vehicle immobilization.
      • Six points on your Secretary of State Driving Record.
      • Mandatory alcohol treatment of not less than one year.

Being charged with drunk driving in Michigan leaves many individuals feeling hopeless. At DeMatteis & Ricciardello our team of attorneys are experienced drunk driving lawyers and know how to protect your rights. There are many defenses and tactics that we employ when representing you on drunk driving matters. By exhausting all of the resources at our disposal we allow you to have peace of mind in knowing that your rights and future are being valiantly protected. We understand the personal attention that each drunk driving case demands and want you to know that you are not alone throughout the criminal justice process.