Detroit DUI Lawyer
Aggressive Defense For Clients charged with driving under the influence in Wayne County
Lawyer Kevin Bessant takes each drunk driving case seriously to ensure that you are given a fair shake with the law in your defense. As a highly successful lawyer, he refuses to simply “plead you out” and assume that you were intoxicated just because the police and test results allege you were.
Even if the evidence against you is strong, the Law Office of Kevin Bessant & Associates will evaluate every aspect of your case to help you reach the best possible outcome in court. If you have been arrested for DUI, OWI, OWVI or drunk driving, contact our office immediately, so we can begin working on your behalf.
Are you facing a DUI charge in Michigan? Call the Law Office of Kevin Bessant & Associates today at (313) 634-0054 or contact us online to schedule a meeting with our DUI attorney in Detroit?
Michigan DUI Laws
In Michigan, DUI (driving under the influence) is a severe criminal offense with harsh legal consequences. Here are some important points to know about Michigan DUI laws:
- Blood Alcohol Concentration (BAC) Limits: In Michigan, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of .08% or higher.
- Implied Consent Law: If you operate a motor vehicle on Michigan's public roads, you have given your implied consent to taking a chemical test to determine your BAC if you are arrested for suspicion of DUI.
- Zero Tolerance Law for Underage Drivers: Michigan has a zero-tolerance policy for underage drivers (under the age of 21) caught driving with any amount of alcohol in their system.
- Aggravating Factors: If certain aggravating factors are present, such as causing an accident resulting in injury or death, having a very high BAC, or having a minor in the vehicle, the penalties for a DUI conviction can be even more severe.
It is important to note that Michigan DUI laws can be complex and subject to change. If you are facing DUI charges in Michigan, consulting an experienced DUI defense attorney in Detroit is highly recommended.
Types of Drunk Driving Charges
DUI (driving under the influence) charges can vary depending on the circumstances of the offense. Here are some common types of DUI charges that may apply:
- Standard DUI
- Aggravated DUI
- DUI with a Minor
- Felony DUI
- Underage DUI
If you have been charged with any of the above offenses, contact the Law Office of Kevin Bessant & Associates to discuss your case! Do not face the treacherous road of a DUI charge alone or with inexperienced counsel.
What are the Penalties for a DUI in Michigan?
In Michigan, DUI (driving under the influence) is a serious criminal offense with harsh legal consequences. Here are some of the potential penalties for a DUI conviction in Michigan:
- First-Offense DUI: If convicted of a first-offense DUI in Michigan, you can face up to 93 days in jail, fines ranging from $100 to $500, driver's license suspension for up to six months, six points added to your driving record, possible vehicle immobilization or forfeiture, and mandatory attendance in a substance abuse treatment program.
- Second-Offense DUI: If convicted of a second DUI offense in Michigan within seven years, you can face up to one year in jail, fines ranging from $200 to $1,000, driver's license revocation for at least one year, six points added to your driving record, possible vehicle immobilization or forfeiture, and mandatory attendance in a substance abuse treatment program.
- Third-Offense DUI: If convicted of a third DUI offense in Michigan within ten years, you can face up to five years in prison, fines ranging from $500 to $5,000, driver's license revocation for at least five years, six points added to your driving record, possible vehicle immobilization or forfeiture, and mandatory attendance in a substance abuse treatment program.
- Aggravated DUI: If certain aggravating factors are present, such as causing an accident resulting in injury or death, having a very high BAC, or having a minor in the vehicle, the penalties for a DUI conviction can be even more severe. This may include longer prison sentences, higher fines, longer driver's license revocations, and mandatory ignition interlock devices.
- Zero Tolerance Law for Underage Drivers: If you are under the age of 21 and caught driving with any amount of alcohol in your system, the penalties can include fines, license suspension, community service, and substance abuse education.
Specific penalties for a DUI conviction in Michigan can vary depending on the circumstances of the offense, the defendant's prior criminal record, and other factors.
What is Michigan’s Super Drunk Driving Law?
Charged with “Super Drunk Driving?” Allow Kevin Bessant to defend your DUI charges aggressively!
Under Michigan’s Super Drunk Driving or “High BAC” law, a person with a blood alcohol content (BAC) of .17% or higher may be charged with a Super Drunk offense. Unlike a standard DUI, a person charged with Super Drunk Driving may face up to 180 days (six months) in jail, increased fines and costs, and a lengthy mandatory suspension of their driver’s license. Attorney Kevin Bessant can challenge the police findings and chemical tests of your high BAC offense.
We understand that bad things will sometimes happen to good people. Avoiding the penalties associated with a Super Drunk Driving conviction is paramount.
Start your defense with our Detroit DUI attorney today!
If you are facing DUI (driving under the influence) charges, there may be several legal defenses that can be used to challenge the evidence and potentially reduce or dismiss the charges. Here are some common defenses that may be used in DUI cases:
- Challenging the Traffic Stop: The police must have a valid reason to stop your vehicle in the first place. If the stop was not based on reasonable suspicion or probable cause, any evidence obtained after the stop may be suppressed in court.
- Challenging the Field Sobriety Tests: Standardized field sobriety tests (such as the walk-and-turn, one-leg-stand, and horizontal gaze nystagmus tests) are often used by police to assess a driver's level of intoxication. However, these tests are subjective and can be influenced by factors such as the driver's age, weight, and physical condition. A skilled attorney can challenge the validity of these tests and argue that they do not accurately reflect the driver's level of impairment
- Challenging the Breath Test: Breath tests are commonly used to measure a driver's blood alcohol concentration (BAC). However, these tests are not always accurate. They can be affected by various factors, such as the type of equipment used, the calibration of the machine, and the driver's diet or medical conditions. An attorney may challenge the accuracy of the breath test results and argue that they should not be admissible in court.
- Challenging the Blood Test: Blood tests are a more accurate way to measure BAC levels, but they are also more invasive and can be subject to error or contamination. An attorney may challenge the validity of the blood test results and argue that they should not be used as evidence.
- Rising Blood Alcohol Defense: Alcohol takes time to be absorbed into the bloodstream, and the peak BAC level may not occur until after the driver has stopped drinking. An attorney may argue that the driver's BAC was below the legal limit at the time of driving but rose above the limit later due to the absorption of alcohol in the bloodstream.
It's important to note that the specific defenses that can be used in a DUI case will depend on the case's individual circumstances. If you are facing DUI charges, it is recommended that you consult with an experienced DUI defense attorney in Detroit to understand your legal options and potential defenses.
Sealing and Expunging a DUI in Michigan
In Michigan, it is possible to have a DUI (Driving Under the Influence) conviction sealed or expunged from your criminal record under certain circumstances.
Sealing a DUI record means that the record is kept confidential and is not publicly accessible. On the other hand, expunging a DUI record means that the record is destroyed or deleted entirely from official records.
To be eligible for sealing or expungement of a DUI conviction in Michigan, you must meet certain criteria:
- You must have completed all the terms of your sentence, including probation, community service, and any other court-ordered requirements.
- You must not have any other criminal convictions on your record except for minor traffic violations.
- You must wait a certain amount of time after your conviction before applying for sealing or expungement. The waiting period is generally five years for a first-time DUI offense and ten years for a second or subsequent DUI offense.
- You must not have caused any physical injury or death while driving under the influence.
If you meet these criteria, you can petition the court to have your DUI record sealed or expunged. The court will review your petition and may hold a hearing to determine if sealing or expungement is appropriate.
It is important to note that sealing or expungement of a DUI record is not automatic, and the court has the discretion to deny your petition. Additionally, even if your record is sealed or expunged, certain government agencies and employers may still have access to your record.
You should consult with our Detroit DUI lawyer specializing in criminal record expungement, to determine your eligibility and assist you in the process.
Do not risk your reputation or criminal record. We have successfully defended against several DUI charges and represented people from all walks of life. With your future at stake, it is critical to have an experienced defense attorney who can attack arrest reports, sobriety test administration procedures, and other evidence produced by the police and prosecution.
Contact the Law Office of Kevin Bessant & Associates today to schedule a FREE consultation with our DUI lawyer in Detroit!