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DUI / DWI
If you have been arrested for drunk driving you need
an experienced lawyer who is not afraid to do whatever
is necessary to protect your rights. At the Law Firm of
Edward Duke, we are committed to aggressively defending
our clients and providing outstanding personal service.
Our attorneys have more than 25 years of experience
throughout the state of Michigan and have successfully
handled hundreds of drunk driving cases.
There are three distinct drunk driving offenses in
Michigan:
- Operating while intoxicated (OWI / OUIL);
- Driving with an unlawful bodily alcohol
level/content (UBAL / UBAC); and
- Operating while visibly impaired (OVI). Of these
three, OVI is the least serious offense.
For more information on Michigan Drunk Driving
offenses, please visit our
Lapeer County DUI Website.
In Michigan, if you refused to take a breath, blood
or urine test after being arrested for OWI / OVI or
another drinking-related charge, your license could be
suspended if you do not demand an administrative hearing
within 14 days after your arrest. A qualified attorney
at the Law Firm of Edward Duke will ensure that you meet
the required response time, retain valuable evidence for
your case and develop strategies for your legal defense.
Violation of any of the three drunk driving laws is a
criminal offense. Therefore, to successfully prosecute a
drunk driving case against you, the prosecutor must
prove beyond a reasonable doubt that the drunk driver
was: ·
- operating a motor vehicle,
- while under the influence of alcohol, controlled
substances or both, and
- alcohol materially or substantially affected
operating the motor vehicle.
Another way a prosecutor will try to gain a drunk
driving conviction is by violation of the "per
se" law, which relates to body chemistry, not
alcohol impairment. For this, the prosecutor must prove
beyond a reasonable doubt that a driver's blood or
breath alcohol content (BAC) was greater than .08%,
while he or she was operating his or her motor vehicle.
In Michigan, these criminal offenses can apply to
adults or minors. State liquor laws define an adult as
someone age 21 and older. For people under 21, the state
enacted the "Zero Tolerance" law: Minors may
not operate a motor vehicle with any bodily alcohol
content.
Drunk driving defense is serious business. You need
an attorney experienced with Michigan laws, procedures,
evidence and sentencing that will fight for you with a
professional, solid defense.
Contact an attorney online
at the Law Firm of Edward Duke today, at (810) 664-2700,
or for more information, please visit our
Lapeer County DUI Website.
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