Drunk Driving

The most common offense in Michigan is drunk driving, technically called “Operating While Intoxicated” if the driver has a blood alcohol content of .08 or greater.  If the driver has a blood alcohol content of less than .08, then it is called “Operating While Visibly Impaired.”  If the driver’s blood alcohol content is .17 or higher, they may be charged under the new “Super Drunk” or “Operating with a High BAC” offense.  Click here for a link to the applicable Michigan statute covering drunk driving offenses.  If you are accused of driving under the influence of marijuana or some other drug, it is called “Operating with the Presence of a Controlled Substance.”

If you have been arrested for drinking and driving, you need to retain an experienced lawyer who can confirm your potential jail time and fines, as well as the driving sanctions you will receive from the Secretary of State.  In many cases, the driver’s main concern is losing their license and ability to drive to work.

Two important areas to scrutinize in a drunk driving case are the “stop” (why the police pulled you over in the first place), and the administration of the Breathalyzer or Blood Test.  The Breathalyzer is the breadbox-sized machine you blow into at the police station, as opposed to the “PBT” machine, which is the handheld device you blow into at the scene of the stop.  A Breathalyzer is far more accurate than a PBT machine, and the penalties for refusing to take the Breathalyzer are much greater.  Video recordings of the stop and the “Field Sobriety Tests” (like counting backwards or walking in a straight line) are often available, and they may help your defense if you were not severely drunk.

District Courts vary widely in how they handle drunk driving cases.  For example, Judge Small in the 48th District Court (which covers: Birmingham, Bloomfield Hills, Sylvan Lake, Keego Harbor, West Bloomfield, Orchard Lake, and Bloomfield Township) almost always gives jail to first time offenders.  Most Judges will not give jail to a first offender unless there are unusual circumstances, like an injury accident or an extremely high blood alcohol content.

Attorney Matt Catchick has successfully handled hundreds of drunk driving cases in over fifty District Courts throughout Michigan.  He will carefully examine the prosecutor’s evidence to look for possible defenses, and he is extremely well-versed on the penalties and driving sanctions for all the different drunk driving offenses.  If you have been arrested for drinking and driving, call or email Matt today for a free initial office consultation to discuss how Matt can defend your rights and provide you with the best possible legal representation.

Catchick Law, PC. Personal service. Proven results.