DRUNK DRIVING FIRST OFFENSE
Whether you have a Waterford drunk driving or a Rochester impaired driving charge, chances are, it is your first alcohol related driving offense. Being an Oakland County drunk driving lawyer, I understand that most people who pick up this charge have likely never been in trouble before. Further, given the state of tough sentencing judges in places like West Bloomfield, Birmingham, and Auburn Hills, I understand that you are very scared as to what may happen.
MCL 257.625, THE DRUNK DRIVER STATUTE
Michigan drunk driver and impaired driver laws originate from statute MCL §257.625. Specifically, the Michigan drunk driving law states that it is illegal to drive while being intoxicated, impaired, or having a blood alcohol score of 0.08 or higher blood alcohol concentration (BAC).
PUNISHMENTS FOR AN OWI FIRST OFFENSE CONVICTION
The State drunk driver statute states that a first time drunk driver can get up to 93 days in jail, as well as probation, fines, costs, and other sentencing programs. In places like the 48th District Court in Bloomfield, jail is a real possibility for a 1st offense OUIL. If you have Judge Small, jail isn’t just a possibility, it is a reality.
THE DIFFERENCE BETWEEN DRUNK DRIVING AND IMPAIRED DRIVING
For reasons I don’t understand, most lawyers who dabble in representing people accused of drunk driving never properly explain to their clients what the difference is between a drunk driving conviction and an impaired driving conviction. For the most part, the convictions are identical, first the jail time is identical; second, you can’t expunge an impaired driving conviction, nor can you expunge a drunk driving conviction; and third, you will be doing the same amount of probation. In fact, the only major differences are that if you get convicted of drunk driving, you lose your license for 30 days, have to pay a higher amount of fines, and you get more points on your driving record.
WHY NOT GO TO TRIAL
Unless you are puking all over the cop, admitting you drank 15 beers, and have a blood alcohol score of a 0.25, chances are you have the type of case where winning is a real possibility. So why not go for it? I get more calls from people who pick up a second OWI charge, and looking back on their first, wonder why they didn’t go for it and try to win the case. As far as your concerns for being punished for going to trial, to the contrary, my experiences are that judges who sit through your drunk driving trial are more likely to give you a better sentence than if you just plead guilty. So given all that you will lose with a plea, why not go to trial.
