Is a DUI a felony in Michigan? If you have been charged with DUI in Michigan it is important to have a top-notch defense team on your side. The penalties for a felony drunk driving conviction in this state are harsh and include fines, jail time, and even the loss of your license. You also face a shattered reputation and may not be eligible to vote or serve on a jury. A felony conviction will also prevent you from owning and operating a gun.
We will work tirelessly to defend your rights and help you get the best outcome possible in your case. Is a DUI a felony in Michigan? We will examine the circumstances under which you were charged and determine whether a previous DUI arrest can be excluded to reduce your charge. We will also examine the breath, blood, or urine test used to find your BAC level and determine whether the procedure was done properly.
A DUI attorney will also be familiar with the local court system and will know what kinds of plea bargains are available to you. They will be aware of the prosecutors’ tactics and can use their knowledge to negotiate on your behalf. It is important to have an experienced lawyer by your side as soon as possible when facing a DUI charge. Is a DUI a felony in Michigan? They will be familiar with the process and there is less of a chance for surprises down the road.
Is a DUI a felony in Michigan? An experienced DUI attorney will be able to get you a wet reckless plea which is a lesser charge than OWI and will result in less severe penalties. This is not something that is guaranteed, however, and is based on your situation. In addition, you will have to agree to submit to a chemical test and may have to take a drug recognition expert examination.
A qualified drunk driving defense attorney will also be able to challenge the evidence in your case, including the police report, the video of the traffic stop, and the breath, blood, or urine test. They will look for any technical errors or improper procedures that could undermine the validity of the evidence and get your charges dismissed.
If you are convicted of a felony DUI offense in Michigan, it will appear on your criminal record and could damage your employment opportunities, personal relationships, and social life. It is essential that you hire a Michigan DUI felony lawyer who is experienced in these types of cases. Is a DUI a felony in Michigan? Back in the day, the yellow pages was full of lawyers claiming to be “DUI Specialists,” but most of them practiced other areas of law such as personal injury, divorce, medical malpractice, and family law. You want a Michigan DUI felony lawyer who is solely focused on defending DUI cases.
Is a DUI a felony in Michigan? A felony conviction for DUI in Michigan has serious consequences, including a prison sentence. If you have been arrested and charged with a felony DUI, it is important that you immediately retain an experienced drunk driving defense lawyer who understands the law as well as the technical aspects of your case. An experienced DUI lawyer at Michigan Defense Law can review the facts and circumstances surrounding your case to determine if there are any elements that can be excluded from your case to reduce your charge or, alternatively, to raise doubt about the evidence in your case. This can include reviewing the accuracy of any breath, blood, or urine test that may have been used to determine your BAC (blood alcohol content).
Is a DUI a felony in Michigan? The first step in a felony DUI case begins with arrest and booking, where you will be questioned, fingerprinted, and photographed. If you are able to afford an attorney, your DUI defense lawyer will be there with you at this time, if not, the court will appoint one for you. At this time, the judge will inform you of your rights and read a charging document called an Information and you will be formally arraigned. At this hearing, the prosecutor must prove probable cause that a crime was committed and that you are the person who committed it. If the Judge finds probable cause, your case will be bound over to Circuit Court for further proceedings.
At the Circuit Court arraignment, you are again formally informed of the charges against you and your rights. You will be given a chance to enter a plea, usually not guilty. The judge will also set bond. If you are not able to post bond, the judge will order you to remain in custody until your trial date is set.
During the discovery process, your DUI defense lawyer is responsible for requesting all relevant information from the Prosecutor’s Office and police departments. Is a DUI a felony in Michigan? This includes all police reports, video recordings, results of the blood and breath tests, and other information related to your case. Your lawyer will use this information to develop your DUI defense strategy in preparation for trial.
Is a DUI a felony in Michigan? The overwhelming majority of felony cases are resolved through plea bargaining and, on occasion, a trial. Your attorney will discuss your options with the prosecutor and work to get you the best outcome.
At sentencing, the judge will impose your penalties which could include fines, probation, jail, and/or prison time. The judge will also impose driver’s license sanctions.
Is a DUI a felony in Michigan? If you are convicted of a felony DUI, your lawyer will fight to get the conviction reversed. This is done by proving legal errors that led to your conviction were made. These errors can be in regards to how the police gathered and handled the evidence, how the witness testimony was taken, and more. These legal errors will be appealed by your attorney and if successful, the conviction will be reversed.
Is a DUI a felony in Michigan? The penalties for Felony DUI in Michigan can be severe, including jail time, substantial fines, driver's license revocation and forfeiture of your vehicle. A felony conviction can also have negative effects on your reputation that can make it difficult to find employment or maintain a professional career. For these reasons, it is important to consult an experienced criminal defense lawyer as soon as possible when you are facing felony DUI charges in Michigan.
In Michigan, first and second DUI offenses are misdemeanors, but any subsequent offense or a case that involves injury or death will be charged as a felony. Is a DUI a felony in Michigan? A third DUI conviction in 10 years, for example, is a felony that can carry up to five years in state prison, as well as fines and a lifetime revocation of your driving privileges.
Moreover, a fatal DUI accident is considered a serious felony and can result in up to 15 years in prison. Is a DUI a felony in Michigan? The penalty is even higher if the victim was an emergency responder, such as a police officer or other public safety personnel.
It is also possible for the prosecution to enhance your DUI charge by using your previous record to determine what punishment you will receive. This is called “record enhancement” and it is largely up to the Judge to decide whether or not your prior record will influence your sentencing decision. Is a DUI a felony in Michigan? The prior records that may be used for enhancement include a past DUI conviction, being under the influence of alcohol or drugs and driving with a BAC over 0.08%.
In most cases, a criminal defense attorney will try to negotiate with the prosecutor to reduce the felony charges to a misdemeanor. This is often accomplished by admitting your guilt to the judge and agreeing to a certain amount of jail time and participation in a sobriety court program in exchange for dropping the felony charges. However, in many cases, a Judge will not allow this type of plea bargaining.
Is a DUI a felony in Michigan? Conviction of a felony DUI in Michigan can have negative consequences that can last for the rest of your life. You will be unable to vote or serve on a jury, and you will lose your right to own or possess a firearm, as well as be barred from holding certain public office positions and jobs. Moreover, a felony conviction will show up on your criminal record, and can make it more difficult to obtain employment or to find housing. Therefore, it is vital to contact a reputable Michigan DUI lawyer immediately if you are facing felony charges. They can review your case and determine if there are any weaknesses in the evidence that was collected, such as problems with the breathalyzer or blood or urine test results. If your defense is strong enough, an attorney can help you avoid harsh penalties and restore your driving privileges.
Paul J Tafelski, Michigan Defense Law | Criminal Attorney and DUI Lawyer
2525 S Telegraph Rd suite 100, Bloomfield Hills, MI 48302, United States
(248) 451-2200