Michigan Criminal Attorney Blog

In a previous post we offered a general overview of drunk driving law in Michigan. In this entry we will explain the basic penalties for various drunk driving violations. The two most common first time offenses related to drinking and driving are Operating While Intoxicated (OWI) and Operating While Visibly Impaired (OWVI). OWI convictions can carry a fine of $100 to $500 and one or more of the following: 1) up to 93 days in jail; 2) up to 360 hours of community service; 3) driver license suspension for 30 days plus further restrictions; 4) possible vehicle immobilization; 5) possible ignition interlock; 6) 6 points on your driving record; and 7) $1,000 Driver Responsibility Fee for 2 years.

OWVI is a lesser charge than OWI and the punishment involves a fine of up to $300 and one or more of the following: 1) up to 93 days in jail; 2) as much as 360 hours of community service; 3) driver license restriction for 90 days; 4) possible vehicle immobilization; 5) 4 points on your driving record; and 6) $500 Driver Responsibility Fee for 2 years.

The penalties increase significantly for any 2 such convictions within 7 years. Most importantly, 3 alcohol-related offenses within your lifetime are a felony and carry mandatory jail time.

Alcohol-related offenses that cause death or serious injury are also felonies. An accident resulting in death includes a sentence of up to 15 years and one resulting in serious injury can result in a 5 year sentence. A special exception is carved out for a drunk driving accident that results in the death of an emergency responder. This crime carries up to a 20 year prison sentence.

Courts are imposing stiffer penalties for these crimes everyday. This makes it imperative that you seek out competent legal representation as soon as you are able.

Each year, nearly 50 thousand Michigan drivers are charged with impaired driving offenses. While people generally think of alcohol intoxication as the only way a person can violate this area of the criminal law, infractions can occur because of driving after ingesting illegal drugs and even certain prescribed drugs. This entry will act as a broad overview of this very complex subject. If you find yourself charged with impaired driving contact a lawyer immediately.

Alcohol and drugs effect each of us differently. Lack of sleep or food can make a person more susceptible to the effects of drinking. It is always a good idea to have a designated driver, but if you are reading this entry, you or a loved one may be facing a drunk driving charge. Having an attorney who understands the science behind drunk driving cases is important. The Draper Law Firm regularly represents drivers charged with alcohol related offenses. We also act as counsel for insurance companies and bars where alcohol consumption is at the center of a civil lawsuit. Because of this nearly two- decade experience, our attorneys can look at the lab results and other scientific evidence to determine whether an expert would assist the defense of the impaired driving offense. We also have relationships with top local toxicologists who can review the case and, if necessary, testify at trial.

A Preliminary Breath Test (PBT), is often offered at the scene by a law enforcement officer. If you refuse the PBT you will be charged with a civil infraction and be fined up to $150.00. The PBT is not a test that will be used at trial, but it gives the officer valuable information and can lead to further testing such as a Breathalyzer or a blood test. Just because a driver "passes" a PBT, does not mean that they cannot be checked for some other type of chemical intoxication.

Michigan has an Implied Consent Law, meaning that all drivers are considered to have consented to a chemical test to determine bodily alcohol content. Refusal of the test will result in a suspension of driving privileges and 6 points on your driving record.

There are a number of different charges that fall under the broad umbrella of "drunk driving." Operating While Visibly Impaired means just that, that the driver has her ability to operate a motor vehicle visibly impaired by alcohol or drugs. Operating While Intoxicated means that alcohol or drugs have substantially affected your ability to drive, usually shown by a blood alcohol content above 0.08 or a positive drug test. There are separate rules and conditions for drivers under the age of 21. If you are a young person charged with such a crime, ask your attorney about the special ramifications on your license and your future. Young adults have specific concerns and some additional ways to resolve cases based upon their youth.

When you have a scheduled court hearing in a criminal case, you need to take it very seriously. Unlike a civil case where you may only appear in court for a settlement conference and then trial, in a criminal case the defendant is required to appear at each of the sometimes numerous steps along the way. These can include the arraignment, the pretrial, the preliminary examination, the arraignment on the information, the final pretrial and all motions. Besides checking with your lawyer to find out the time, date and location of the hearing, you should consider your personal appearance. While it may not seem fair, the judge, jury and prosecutor will assess you based upon how you look. The best plan is to wear something clean and professional. Treat this court appearance the way you would treat a job interview. A good visual impression will likely mean that you are going to get the best deal, sentence or verdict that you possibly can. How can you do this?

Start with any body piercings. While you may love that nose ring, the judge probably will not. Take out any facial hardware other than earrings. Never wear shorts, denim or t-shirts, particularly ones with political or humorous statements. If you are a man and have a suit, that is almost always the best choice. If you do not own a suit, dress pants and a button down shirt will work just fine. Women should wear a conservative dress or suit. If you have a mohawk, this is the time to wear it down or slicked back. If you have a bunch of tattoos on your arms or legs, do your best to cover them up. You do not want the judge or jury to rate you based on body art.

Check the court website prior to your hearing to see if they allow cell phones in the courthouse. Some courts allow only phones without cameras, others outlaw cell phones entirely. Make sure you know the rule, especially if you are getting dropped off. I have had clients who have been forced to hide their cell phones outside in the bushes because they did not have a car at the court and the court did not have storage lockers. Fewer courts have such lockers, so do not count on this accomodation. The rules are really simple: plan ahead, find out when and where you are to appear and make sure you put your best foot forward so your experience with the criminal justice system is as painless as possible.

In a previous post, we discussed basic misdemeanor stalking in Michigan. If certain elements are met, the charge may increase to aggravated, or felony stalking. Because it is a felony, it carries enhanced penalties including up to 5 years in prison and a fine of $10,000.00. Aggravated stalking includes the typical definition of a willful course of conduct involving repeated harassment of another that would cause that individual to feel terrorized, frightened, intimidated, threatened, harassed or molested. The course of conduct is a pattern involving 2 or more instances of contact. The contact can take many forms, the most common being visiting a person's home or workplace or contacting the person by phone or email.
What makes stalking a felony is when the alleged stalking violates a restraining order, injunction, condition of probation or parole. It can also become a felony if a credible threat is made against the victim or the victim's family. A threat is called credible if it includes a threat to kill or seriously injure another and importantly, that causes the purported victim to reasonably fear for his or her safety. This excludes a joking claim that you are going to "kill" your friend for eating the last brownie at a party.
The penalty can increase to a 10 year prison term if the victim is less than 18 years of age and the alleged stalker is 5 or more years older than the victim.
Felony stalking is a very serious matter, with the real likelihood that the prosecution will seek a significant term behind bars. If you or someone you know is charged with this crime, get help from a Michigan criminal defense attorney immediately.

With the increasing modes of electronic communication available, charges of stalking are on the rise. In Michigan, misdemeanor stalking means a series of two or more separate noncontinuous acts involving harassment of another that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed or molested and actually causes the victim to feel that way. MCL 750.411h.

The 2 or more acts must be unconsented contact and may include any of the following:

• appearing within the sight of the victim;


• visiting the individual's workplace or residence;


• contacting the victim by telephone;


• sending mail and electronic communication to the individual.

If convicted of basic misdemeanor stalking, the penalty can be imprisonment for up to 1 year and/or a fine not to exceed $1,000.00. The punishment can increase significantly if the victim is a minor and there is a 5 year age gap. These facts turn the acts into a felony punishable by 5 years in prison and a fine up to $10,000.00. Misdemeanor stalking convictions can include a 5 year term of probation and court-ordered psychiatric treatment or evaluation. With texting, Facebook, Myspace, email and instant messaging, this crime can be quickly committed. Of course, as with all criminal matters, there are available defenses.

If you are charged with any type of stalking, immediately refrain from all contact with the alleged victim. Next, contact a Michigan criminal defense attorney. Your first inclination might be to explain to the police how this is just one big misunderstanding. Fight this urge to tell the authorities your side of the story. Your initial explanation should be to your lawyer. Save all of the allegedly offending communications (texts, emails, etc.) and provide a copy to your attorney. While this may seem like a petty complaint by a former friend or ex, law enforcement and the courts take it very seriously.