Michigan DUI and OWI Lawyers

Learn What to do if You Have Been Charged with a DUI or OWI in Livingston County

If you’ve been charged with a DUI or OWI in Brighton, Howell, or anywhere in Livingston County, then time is not on your side. Rather, receiving the best outcome possible depends on swiftly taking important steps and employing effective defense strategies.

Thanks to our decades of experience, the DUI and OWI attorneys at Gentry Nalley understand exactly what weaknesses to look for in the drunk driving charges against you and what strategy will help ensure your freedom.

Our DUI Defense Process

No matter what circumstances surround your DUI and OWI charges, you can count on the defense team at Gentry Nalley to provide you with the best outcome possible.

We believe in providing our clients with every available resource and helping them exploit every possible opportunity to have their charges reduced or even dismissed entirely.

That’s why we immediately go to work to analyze every aspect of the evidence, circumstances, and contributing factors surrounding your drunk driving charges.

With a clear understanding of all the facts, we then develop and deploy a legal strategy tailored to your case, putting the pieces together that are needed to help you receive the best outcome possible.

As we’re working hard on your case, we also ensure you are receiving the attention and support you deserve throughout the legal process.

Important DUI Statistics for Howell and Brighton

Residents of Livingston County are not immune to the rising effects of impaired driving in their communities.

These effects are clearly reflected in the most recent Michigan State Police Annual Drunk Driving Audit that contains thousands of pieces of data from 2023:

• There were 367 alcohol-related driving arrests in Livingston County alone, with a significant number occurring in the Howell and Brighton areas.
• Refusal to submit to a breath or blood test has also been on the rise in Livingston County, with 57. This often leads to more cases involving license suspensions.
• 933 people were injured and 13 people killed due to OWI involvement.
• 4,107 crashes involving property damage occurred that were related to OWIs.

These statistics reveal how seriously Howell and Brighton law enforcement take DUI/OWI offenses.

They also highlight the importance of having assertive DUI representation on your side, which Gentry Nalley has successfully provided to thousands of clients who were charged with an OWI across Michigan.

Types of Drunk Driving Charges in Michigan

To successfully handle your drunk driving case in Michigan, the defense team at Gentry Nalley has developed a keen understanding of each law affecting these cases and how to use them to your advantage.

This includes knowing the unique aspects of Michigan drunk driving cases. For example, a DUI in Michigan is actually called an OWI, which stands for “Operating While Intoxicated”.

Understanding OWI Charges

Under Michigan law, a person can receive an OWI charge by:

• Operating a motor vehicle with a blood alcohol content (BAC) of 0.08% or higher
• Driving under the influence of alcohol, drugs, intoxicating substances, or a combination of both (regardless of the driver’s BAC)
• Driving with any amount of alcohol in their body if they are under 21 years of age

Michigan law also stipulates significant penalties for anyone charged with a DUI or OWI:

• Up to 93 days in jail
• Up to 360 hours of community service
• Fines up to $500

A driver convicted of an OWI may also have to face other consequences, which can include:

• 30-day license suspension
• 150-day license restriction
• Having an ignition interlock device installed in their vehicle

With each repeat offense, these penalties and consequences can increase. That means an increase in fines, longer jail time, and greater license restrictions.

Additionally, having a higher BAC of .17 or more leads to significantly increased penalties:

• Up to 180 days in jail
• A maximum $700 fine
• 1 year license suspension
• Mandatory alcohol treatment

Michigan also recognizes a similar offense known as Operating While Visibly Impaired (OWVI).

Understanding OWVI Charges

This takes place when a driver’s inability to safely operate a vehicle is evident; in other words, the influence of alcohol is clearly perceptible, regardless of their BAC.

OWVI evidence includes:

• Observation of the driver’s inability to safely maneuver the vehicle
• The driver’s speech, coordination, balance, or movements demonstrate the influence of alcohol
• The smell of alcohol on the driver’s breath

Similar to OWI charges, OWVI penalties may include:

• Up to 93 days in jail
• Up to 360 hours of community service
• Fines up to $300

If you’ve been charged with an OWI or OWVI, let the attorneys at Gentry Nalley fight for you. We’ll fully investigate the charges, the evidence, and even the science behind the evidence in order to develop a winning defense strategy for you.

Michigan’s DUI Legal Process

From the moment a DUI and OWI arrest takes place, our attorneys are ready to help.

This is because we fully understand every aspect of the legal process that drivers charged with drunk driving face, allowing us to identify the most effective legal strategy to help our clients.

To help drivers who are arrested for a DUI or OWI in Howell or Brighton, we have outlined the main steps that show what to expect:

1. The arrest

The legal process often begins with a traffic stop or at a sobriety checkpoint. If the officer observes signs of a driver’s impairment, they may conduct sobriety tests, such as a preliminary breath test (PBT).

Based on the results, the driver may be arrested and taken to the police station for a formal chemical test.

2. Chemical testing and implied consent

After the arrest, the driver is required to submit to a chemical test under Michigan’s Implied Consent Law.

This law requires every licensed driver to voluntarily submit to chemical tests if suspected of operating a vehicle under the influence of alcohol, drugs, or intoxicating substances.

Refusal of these tests triggers a license suspension.

3. Arraignment

This is the driver’s first court appearance, usually within days of the arrest.

During this arraignment, the driver is formally charged and asked to enter a plea. Bond conditions may be set, including alcohol monitoring or travel restrictions.

4. Pretrial conferences and motions

This is a pivotal stage for any driver wanting to reduce or even eliminate charges against them.

At this point, a driver charged with an OWI can have their attorney file motions to suppress evidence, challenge probable cause, or negotiate with the prosecutor for a reduced charge or plea deal.

5. Trial

If a resolution cannot be reached, the OWI case may go to trial. This allows the driver’s attorney to present a defense, cross-examine witnesses, and argue for the driver’s acquittal.

6. Sentencing

If the driver is convicted or pleads guilty, the judge will issue a sentence based on Michigan’s sentencing guidelines, as well as any contributing factors or actions that may have contributed to the outcome.

While these are the steps that many drivers face, clients of Gentry Nalley frequently don’t have to go through this process.

That’s because our drunk driving attorneys vigorously defend our clients who are facing a DUI/OWI charge, using every available resource to achieve the best outcome possible.

The Most Effective Legal Defenses Against DUI Charges in Michigan

If you’ve been charged with a DUI or OWI, you may feel hopeless and powerless.

However, our DUI attorneys have successfully defended thousands of drivers like you thanks to our tireless efforts and aggressive defense strategies.

As a result, we have identified which approaches and tactics work best in various settings. These strategies result in evidence being dismissed and DUI and OWI charges being reduced or even dropped.

These defense strategies include:

Challenging the traffic stop

If the officer lacked a valid legal basis or reasonable suspicion for pulling you over in the first place, any evidence gathered afterward may be suppressed.

Challenging the field sobriety test

Field sobriety tests may be improperly administered or interpreted. Factors like fatigue, medical conditions, or uneven road surfaces can affect the performance and outcomes of these tests.

Challenging the breath or blood test results

Breathalyzers need to be properly calibrated and maintained to be effective, and lab procedures for blood testing must be followed precisely to be accurate.

Knowing these requirements, there is often a possibility there was an error during the administration of these tests. If this is found to be the case, the test results will not be accurate.

Violation of Constitutional rights

You are required to have been properly informed of your rights by the police. Additionally, the police are required to follow certain laws during a search or seizure. If either of these scenarios didn’t take place, your case may be subject to dismissal.

Medical explanations

Since your BAC at the time of testing is a pivotal aspect of your charges, a medical explanation may call this evidence into question.

For example, certain medical conditions, such as diabetes or acid reflux, can mimic signs of intoxication or produce false positives on breath tests.

Rising BAC defense

Since alcohol takes time to absorb into the bloodstream, it’s possible your BAC was below the legal limit while driving, but then rose afterward when tests were administered.

Thus, the actual crime of operating a vehicle while intoxicated may not have been committed.

Plea Bargaining

In some cases, it may be possible to negotiate a plea to a lesser charge in order to reduce penalties, preserve your license, and prevent future repercussions.

Lesser charges with reduced consequences may include reckless driving or operating while visibly impaired.

While these common strategies often produce the exact results our clients were looking for, we always make sure to provide a tailored strategy that uses customized approaches and defense tactics for each client’s unique case.

To get proactive legal representation that knows how to identify weaknesses in the prosecution’s case and leverage them to your advantage, trust the OWI/DUI attorneys at Gentry Nalley.

Get Experienced Help with Your Michigan DUI Charges 

DUI charges can cost you your freedom, reputation, and even your future if they’re not properly handled. Additionally, significant jail time and fines may be imposed on you if convicted of these charges.

The DUI attorneys at Gentry Nalley have the resources, skill, and determination needed to handle the unique evidence and circumstances surrounding your case in order to get your OWI charges reduced or even eliminated.

Contact Our Livingston County DUI Lawyers Today

If you’re facing DUI or OWI charges, then trust the attorneys at Gentry Nalley to fight for your freedom.

We will put our decades of experience and aggressive defense strategies to work on your case, helping you avoid steep fines, loss of driving privileges, and even jail time.

Contact us by calling (517) 552-4092 or use our contact form.