DUI, DWI, & Drunk Driving Matters

A DUI charge always comes as a shock.

The feelings and worries that follow, anxiety, embarrassment, and concern over the court process are things that everyone in this situation experiences.

With experienced help, this can be navigated and can be put in the past with less stress.

 

We know every case is unique, and treat you as an individual, not just a case number.

Michigan has two basic categories of impaired or intoxicated operation of a motor vehicle:

  • “intoxicated” by or “under the influence” of alcohol or drugs (called “OWI” or “DUI”), or

  • “visibly impaired” by alcohol or drugs (called “OWVI” for “operating while visibly impaired”), or

  • having any amount of a schedule 1 controlled substance in the body.

 

If your BAC tests at .08% or more, and/or if you are deemed "materially" impairedmaterially impaired by drugs or alcohol you are considered “intoxicated” or “under the influence.”

 

To receive a conviction for "visibly impaired" you need only be impaired to the point of your driving being affected—a MUCH lower standard than "materially impaired".

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Being charged with a DUI is a serious offense, which has a wide range of life-affecting penalties including: 

  • Incarceration/ jail

  • Probation 

  • Court fines

  • Treatment plans by court order.

  • Suspension or revocation of driver’s license 

 

A DUI conviction can result in the suspension, revocation, or limitation of your driver's license, all of which can affect you life in more ways than simply not allowing you to drive.

As these convictions are very serious, having a dedicated attorney by your side can help greatly improve your circumstances.

As your defense lawyer, we have one aim: to defend you while preserving your rights. This is done by:

  • Examining the record for possible police errors in protocol.

  • Looking to make sure your rights were properly explained.

  • Examining any field sobriety tests or blood alcohol tests.

  • Checking for court  or administrative errors that can lead to the dismissal of charges

We will create a strategy specifically designed for your case.

Remember, a police officer only needs a reasonable suspicion to pull you over -- this can be as simple as:

Driving too fast.

Driving too slow.

A rolling stop.

Crossing the center or outside line, even briefly.

Mechanical or equipment issues such as tail lights or turn signals.

​Remember, Michigan is a zero tolerance state.

In Michigan, there is no threshold for illegal controlled substances-- any amount can result in a DUI/OWI charge.

Testing for Alcohol

If the police have stopped you and suspect you may be intoxicated or under the influence, under Michigan law you are required to submit to a chemical test. This requirement is often referred to as implied consent. This mean that the  driver of a vehicle must submit to a preliminary chemical breath test when asked to do so by a police officer. If the driver refuses, or will not take the PBT he/she will be additionally charged with a misdemeanor which is not dependent on whether or not there are other charges.

Chemical Testing

If a PBT test is refused at the scene or later, a chemical test (blood test) will be ordered and done by a physician. The test will be used to determine the presence of alcohol or any controlled substance. The test must only be requested if the police officer has reasonable grounds to think that the person has committed a crime.

Additionally, if you are involved in an auto accident, a blood test may be ordered.

We handle all matters related to a drunk driving charge, from the administrative hearing to determine the status of your drivers license to the criminal proceeding to determine penalties. We will make certain that all required documents are timely filed to protect your rights.

When you hire us to defend you on a DUI/DWI charge, we conduct an exhaustive investigation of the facts and circumstances surrounding your arrest. We will carefully examine the evidence to determine whether police had probable cause to pull you over, and whether you were adequately notified of your rights before making any statements. We will also review police reports and question any witnesses, clarifying whether field sobriety or blood alcohol tests were correctly administered. If there are irregularities, we will seek the exclusion of evidence and/or the dismissal of all charges, if appropriate.

FREE LEGAL CONSULTATION

Marke Gilbert - DUI & DWI Attorney

Downriver DUI & DWI Attorney Marke Gilbert & Associates PLLC with service areas in Taylor, Detroit, Southgate, Wyandotte, Riverview, Lincoln Park, Allen Park, Trenton, Grosse Ile, Woodhaven, Romulus, Wayne, Westland, Livonia, Warren, Dearborn, Ypsilanti, Westland, New Boston, Inkster, Melvindale, West Bloomfield, Brownstown and Dearborn Heights, Royal Oak, Birmingham, Madison Heights, Berkley, Oak Park, Huntington Woods; Wayne County, Monroe County, Washtenaw County, Macomb County, and Oakland County.

Areas of Practice
Our Location

20600 Eureka Road, Suite 620

Taylor, MI 48180​

Tel: 734-676-2700

mgilbertlaw@gmail.com

Copyright 2020 Marke Gilbert Associates, PLLC