Michigan Criminal Lawyer Blog

This second part of our blog series outlines what clients can expect when being charged with a first offense Operating While Intoxicated (OWI/DUI) in Macomb County District Courts. Our firm now offers representation on Operating While Intoxicated (OWI/DUI) for a flat fee of $875.00 for offenses that occurred in Macomb County and all Grosse Pointe Municipal Courts including Grosse Pointe Farms, Grosse Pointe Park, Grosse Pointe Woods and Grosse Pointe Shores. See our previous post to determine if you qualify for this new low fixed fee. Beneath is an explanation of the court process in a characteristic Macomb County OWI case that does not proceed to trial.

1) Arraignment

At an arraignment the court will formally advise defendants of their charges and set the terms of bond. At an arraignment it is always advised that clients plead not guilty and stand mute as to the charges. Further, the court wants to ensure future court appearances and therefore may establish terms of bond. Some courts require alcohol testing while the case is pending. Any bond money posted personally can be applied later to fines and costs at sentencing. Depending on the court, the arraignment can sometimes be waived. In Macomb County, our firm is routinely able to waive personal appearances for the arraignment after we are retained. Do not summarily assume that your arraignment is waived, contact the court immediately to determine if you have to appear for arraignment or you risk a issuance of a warrant for failure to appear. A pretrial conference is scheduled after the arraignment.

2) Pretrial Conference

A pretrial conference is typically the first opportunity that an attorney has to meet with the prosecutor in order to discuss your charges. Where the charge is an OWI 1st offense with a Blood Alcohol Content (BAC) result of less than a .17 our firm is often able to negotiate a reduction to a charge of operating while impaired, also known as impaired driving. Should you decide to take this deal, you will admit to the charge before the court. State law requires that all persons convicted of a drinking and driving offense be screened prior to sentencing.

3) Substance Abuse Evaluation / Pre-sentence Screening

The purpose of this screening, which defendants appear for on their own, is for the probation department to gather relevant details about your background. It is often difficult for a Judge to collect all of the significant facts of a case in the short time you stand before him or her. Thus, this matter is deferred to the probation department. Mostly the probation department will be trying to determine if there is an underlying drinking or substance abuse problem. The screening will occur on another date after the pretrial conference and is usually conducted at the court's probation department. A report will be prepared and made available to the court and our attorneys at the time of sentencing. Our firm offers prudent advice to make the best impression at the time of a client's screening.

4) Sentencing

Sentencing is the final stage of a drinking and driving case where the court determines the terms of probation, fines, court costs, counseling for substance abuse, random testing and potentially jail. While jail is rare for first offenders, no attorney can ethically guarantee the outcome of a criminal case. However, absent aggravating circumstances, I cannot ever recall a first offender convicted of impaired driving who has received a jail sentence in Macomb County. At sentencing, our attorneys reflect to the Court details which we were able to learn about our client over the course of our relationship. Though there are aspects of your sentence we can't control, such mandatory State of Michigan sanctions (license action, driver responsibility fees, points), we always fight to minimize the terms and conditions of your probation. An attorney and client are always afforded the opportunity to speak at the time of sentence. This is our chance to respond to the pre-sentence investigation. Where we see it to be unfairly burdensome or inaccurate, it is our job to advocate that to the court on behalf of our clients. Our firm is adept at presenting the court with applicable details of your life indicating that you will be a cooperative probationer. We also instruct clients on how to address the Judge. In some cases, we are able to convince the court to refrain from placing a client on probation or for non-reporting probation. Where this result is achieved we believe it to be optimal.

5) After Court

When cases conclude the Abdo Law Firm does not alienate its clients. Normally sentences are read quickly in a crowded courtroom and oftentimes leave more questions than answers. The $875.00 flat fee includes all in-office and telephone consultations, we do not charge extra for follow up questions after your court date. We encourage clients to be engaged in their cases and make an effort to answer all of their questions when a case is finished.

Click here to read more about our $875.00 flat fee for 1st offense OWIs in Macomb County...

Click here to read Part 1 of this Blog Series...

The Abdo Law Firm is now representing clients charged with a first offense Operating While Intoxicated (OWI/DUI) in Macomb County for a flat rate attorney fee of $875.00. You qualify for the $875.00 flat fee if you meet this criteria;

1) You do not have any prior drinking and driving offenses on your record,
2) The offense occurred in any city or township within Macomb County,
3) Your BAC result was less than a .17,
4) There was not an accident,
5) And there were no injuries.

We have found that clients appreciate transparency in our fee agreements. This means that when you sign up with us you will know exactly what you are getting. This new fee covers all non-trial appearances for a first offense OWI/DUI charge in all Macomb County District Courts and all Grosse Pointe Municipal Courts (GPF, GPS, GPW) through sentencing. Why just non-trial appearances? In our experience, the majority of all OWI/DUI first offenses are resolved through negotiation without trial. While the $875.00 does not cover trial services, the client always retains to right to a trial if he or she so desires.

Our goal in these cases is always to seek the best possible outcome, retention of driving privileges, reduction in fines, costs, driver's responsibility fees and minimize terms of probation. This is accomplished when we secure a plea bargain of what is referred to as "impaired driving" or "operating while impaired." This blog entry will focus on our office consultation, the complimentary piece (Part 2) will focus on the court aspects of your case. Our website also contains a wealth of information and penalties with respect to drunk driving cases.

Here is what you can expect at your first consultation:

1) Getting to know the client:

Our office has found that comprehensive consultations are critical for success in OWI / DUI cases. Before dissecting the facts of the case and explaining the court process, we believe it is important to get to know our clients (and in some instances their close friends/family as well). When we have some background on the client our office is better prepared to explain and set objectives for your OWI case. We always work to assuage the feelings of guilt associated with these charges and try to stick to the facts. A first offense OWI is a serious charge, but a manageable one.

2) The facts or your OWI / DUI arrest in Macomb County:

After we have a better idea of a client's background, we then attempt to recreate the OWI/DUI arrest in order to evaluate the strengths and weaknesses of your case. First, we need to know where the alleged offense occurred and who the arresting agency was (the State Police in Warren, for example). Then we discuss why the vehicle was stopped. Subsequently we go over the results of the data-master chemical test. From there, it must be determined if these results are roughly parallel to the amount you drank relative to your body weight. Lastly, we will take the time to ascertain any other details pertinent to your case. With an understanding of the facts, we are in a better position to give you a realistic assessment of your DUI case.

3) Discussion of the court process:

An essential element of an office consultation in any criminal case is going over with the client what exactly they should expect in court. Discussed more deeply in our next blog post, OWI/DUI cases normally require 3 court appearances for defendants; 1) a pretrial appearance, 2) a pre-sentence investigation, and 3) a sentencing. Our attorneys appear with defendants at the pretrial and sentencing. Sometimes these arrests require a defendant to appear for an arraignment as well. At our consultation we explain what will happen at all of these appearances. We try our best to demystify the court process and offer advice to clients as to appropriate courtroom demeanor. If the facts warrant it, we will also sometimes recommend counseling as a strategy to improve the defendant's case or if there is a substance abuse problem.

All clients who retain us on a drinking and driving related offense will receive a detailed information packet which covers, among other things: the OWI/DUI laws, drink/weight index chart, license sanctions and court process. This packet will allow you to reference many of the issues discussed at your consultation.

Click here to read more about our $875.00 flat fee for first time OWI / DUI offenses in Macomb County...and the Grosse Pointe Municipal Courts

Click here to read Part 2 of this Blog Series...

Most drunk driving (DUI or OWI) cases in Macomb County are resolved without trial. The vast majority of first offense drunk driving (DUI or OWI) cases can be negotiated to the lower offense, such as operating while impaired, unless there are policy reasons which prohibit the prosecuting attorney from plea bargaining.

Our attorneys will be able to review the police reports and discuss various options with our clients such as trial and deviation requests for charge reductions. When a client is charged with a high blood alcohol drunk driving for obtaining a chemical test result of .17% or more (High BAC or Super Drunk), is involved in an accident or has a prior record involving substance abuse, there are legal maneauvers which we will explore to get the case under control.

Court Process and Possible Sentence Conditions for First Offense Drunk Driving (DUI or OWI)

1. Arraignment: You are required to appear unless advised by your attorney that arraignment is waived. At arraignment, the court will advise you of the charges, set your next court date and impose bond conditions which may include random alcohol testing or alcohol monitoring.

2. Pretrial Conference: For misdemeanor charges, a pretrial conference is scheduled and a plea bargain may be negotiated or your case set for trial.

3. Substance Abuse Evaluation: You will be interviewed regarding your substance abuse history and a report will be prepared and provided to the Judge at the time of sentencing.

4. Sentence: The following possible penalties can be imposed by the Court at sentencing:
-Fines and Costs: $800.00 - $1,500.00 (due at the time of sentencing)
-Police/municipal response costs may be due to the city or township
-Maximum Probation Term: Up to 2 years for misdemeanor (reporting or non-reporting)
-Substance abuse counseling, random testing for drugs and alcohol
-Vehicle immobilization, vehicle forfeiture
-Community Service
-Up to 93 days in Jail for OWI or Impaired Driving, Up to 180 days for Super Drunk

In general, the District Courts in Macomb County do not impose jail time for first offenders convicted of a drinking and driving offense. In many cases, our firm has been able to advocate for non-reporting probation. If there is a probation violation, the Court can impose any remaining jail time for a maximum of 93 days for OWI or Impaired or 180 days for Super Drunk. A probation violation can occur if a person receives a new criminal charge, fails to attend counseling or fails a random test.

Mandatory State of Michigan Sanctions for First Offense Drunk Driving

Super Drunk (High BAC .17% or more): License Action: 45 days suspended, 320 days restricted with ignition interlock device, $2,000.00 driver's responsibility fee, 6 points.

Operate While Intoxicated (OWI or DUI): License Action: 30 days suspended, 150 days restricted, $2,000.00 driver's responsibility fee, 6 points.

Impaired Driving (OWVI): License Action: 90 days restricted, $1,000.00 driver's responsibility fee, 4 points.

License Restrictions, Limitations: When one's license is restricted, driving is limited as follows:

-To and from residence and employment, and during employment;
-To and from alcohol or drug education or treatment program;
-To and from regularly scheduled treatment for serious medical condition;
-To and from probation, community service and school.

Other Important Information:

-Driver License revoked minimum of 1 year for 2 drinking and driving offenses within 7 years or 3 offenses within 10 years.
-A person may be charged with a felony for 3 lifetime drinking and driving offenses..
-If you refused the chemical test (implied consent refusal), you must file for a hearing or your license will be suspended for 1 year! You have limited rights to appeal a suspension based upon implied consent refusals.
-If your BAC is .17% or greater, an OWI can be amended to Super Drunk prior to final disposition or plea.

The 41-B District Court is located at 22380 Starks Drive, Clinton Township, Michigan 48038, phone: 586-469-9300. It has jurisdiction to handle civil, traffic and criminal cases arising in Clinton Township, Harrison Township and Mount Clemens. Clinton Township has its own police department while Harrison Township and Mount Clemens are policed by the Macomb County Sherriff's Department. This Court gets a fair share of traffic with M-59 bordering the north end and Gratiot Avenue bordering the east end of its territory. The Court is served by Judge Sebastian Lucido, Judge Linda Davis and Judge Carrie Lynn Fuca.

As a Macomb County law firm, we have practiced extensively in the 41-B District Court and can say that all of the Judges have their own policies and practices. As far as fines and costs for traffic and criminal cases are concerned, the 41-B District Court has a website link which contains a partial list of points, fines and costs. For the most part, the 41-B District Court Judges will impose similar fines and costs. The fine for the traffic offense "impeding traffic" is $160.00. The offense of "impeding traffic" carries 0 points and does not appear on an offender's record. The offense of "limited access speed, 1-5 over" is $120.00 and does not carry any points but will appear on the offender's record. While both offenses carry 0 points, an offense appearing on a driving record can be used to for insurance purposes.

The website does not list fines and costs for many misdemeanors or drunk driving. However, my experience is that the fines and costs for a first offense drunk driving (OWI or DUI) or impaired (OWVI) will be approximately $1,200.00 to $1,400.00. This is not the total cost for a drunk driving offense in the 41-B District Court. Other approximate costs will include probation oversight expenses of $20.00 per month for 1 to 2 years, substance abuse counseling, driver responsibility fees ($2,00.00 for operating while intoxicated and $1,000 for operating while impaired), driver license reinstatement fee, random alcohol testing fees and sobriety monitoring fees. Under certain circumstances, the Court may consider non-reporting probation for a first offender that does not have a substance abuse disorder and is not likely to commit a crime in the future. An attorney can argue to lessen some of the programs and costs which I have mentioned.

Click here for 41-B District Court Home Page

Click here for map to 41-B District Court

Click here for 41-B District Court list of fines, costs at points

Click here for list of all links to all Macomb County District Courts

Click here for map of Macomb County Michigan

In one of my prior posts, I added a link to the The Michigan Traffic Offense Code. This link contains a complete list of all Michigan traffic offenses along with penalties, points and license sanctions.

Although many traffic offenses in Michigan are civil infractions, there are numerous others that are classified as criminal misdemeanors or felonies. All criminal offenses have the potential for jail and require an appearance before the judge. You should hire a lawyer immediately if you are charged with a criminal traffic offense. Virtually all offenses involving alcohol, driving on a suspended license, leaving the scene of an accident or engaging in a police chase are criminal offenses.

The following is a partial list of Michigan criminal traffic offenses which we have defended in Macomb, Oakland and Wayne County including the district courts located in Royal Oak, Clinton Township, Warren, Sterling Heights, Romeo and Shelby Township:

1st Degree Fleeing and Eluding: Felony which involves the act of fleeing the police resulting in a death. Maximum Punishment: 15 years in prison and/or $10,000.00 fine.

2nd Degree Fleeing and Eluding: Felony which involves the act of fleeing the police resulting in a serious injury or the defendant has a prior offense for fleeing fourth degree. Maximum Punishment: 10 years in prison and/or 5,000.00 fine.

3rd Degree Fleeing and Eluding: Felony which involves the act of fleeing the police resulting in an accident or where the defendant has a prior offense for fleeing first, second or third degree. Maximum Punishment: 5 years in prison and/or $1,000.00 fine.

4th Degree Fleeing and Eluding: Felony which involves the act of fleeing the police resulting in an accident or where the defendant has a prior offense for fleeing first, second or third degree. Maximum Punishment: 2 years in prison and/or $500.00 fine.

Leaving the Scene of a Personal Injury or Property Damage Accident: Misdemeanor, 6 points
All drinking and driving offenses in Michigan (operate while intoxicated-OWI, impaired driving-OWVI, operate with the presence of drugs-OWPD, super drunk-BAC of .17% or greater, child endangerment, zero tolerance-minor with any BAC) are all classified as criminal offenses. A third lifetime drunk driving (OWI, OWVI, OWPD, DUI) offense is charged as a felony which can carry up to 5 years in prison.

The Michigan Traffic Offense Code contains a complete list of all Michigan traffic offenses along with penalties, points and license sanctions. This is an excellent reference for you to keep with your favorite links.

Traffic offenses can be classified as civil infractions or criminal. For example, tickets for speeding and disobeying a traffic control device are always civil infractions in Michigan.

Points for Speeding Tickets
1 to 10 mph over limit 2
11 to 15 mph over limit 3
Over 15 mph over limit 4

When you get a ticket, points are added to your Michigan Driving Record which can result in driver responsibility fees and increased insurance costs. In addition, if you accumulate 12 or more points, your license will be suspended. Anyone getting a ticket should get a traffic defense lawyer to review all possible options. The avoidance of points has a huge economic benefit as far as motor vehicle insurance costs are concerned.

When you hire a lawyer, the case can be scheduled for a conference and your lawyer will have the opportunity to discuss the case with the prosecutor or city attorney. All of the district courts in Macomb County, and most of the courts in Oakland and Wayne County, will consider amending tickets to lesser offenses. Having experience in all Macomb County District Courts from the 37th District Court for Centerline and Warren, the 41-A District Court in Sterling Heights and the 41-B District Court covering Clinton Township, Mount Clemens and Harrison Township, I can say that each has a reasonable attitude towards resolving traffic tickets especially where the offender has a good driving record.

Most of the time, an attorney can negotiate for reduction of the ticket which usually means less points. When this occurs, the ticket is amended to an offense such as "impeding traffic" which is a zero point violation and does not appear on the driving record. A fine is usually imposed in the amount of approximately $150.00. If the party fighting the ticket has a bad record, the prosecutor or city attorney may agree to reduce the ticket if the offender attends traffic school. If there was an accident, a victim may object to the reduction.

I will be posting another guide which covers criminal traffic offenses in Michigan.