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Choosing a Michigan DUI Lawyer

DUI laws are intended to protect drivers and pedestrians, which is why you face jail time, fines, and long license suspensions for driving with drugs or alcohol in your system. Thousands of deaths every year are attributed to DUI, and Michigan DUI laws are designed to punish those who endanger others.

But if you made the mistake, you likely feel bad enough. Who can help? You need a Michigan DUI lawyer with experience in defense. You need an experienced lawyer capable of challenging the charges, fighting for your rights, and making the final decision a fair one.

How do you find a good DUI lawyer?
The State Bar of Michigan (found at MichBar.com) is a good access point for finding prospective lawyers, even providing help for those who simply cannot afford high fees. Searching online, even if you get access from a local library, can be invaluable in finding an experienced lawyer capable of defending you. You should always meet with the lawyer before making any decisions, go over rates and experience, and also make sure you can communicate well with him or her.

What penalties can you avoid?
You might think a defense is impossible. Or you may be outraged at what happened and how you were treated. A defense is always possible, and if you were wronged, your rights can be protected. In Michigan, DUI law is stiff. As in all states, if you have a  blood alcohol content (BAC) or .08%, you can be charged. If you are charged, you can expect license suspension, fines, and potential jail time. For a first offense, you rarely get long jail time, though there is the potential for up to 93 days. You also pay less in fines and your license suspension can be months. However, just with a second Michigan DUI offense, you can spend up to 1 year in jail, have extended license suspensions, and pay up to $1,000 in fines.

On the other hand, if you were wronged – if your rights were violated – you may be able to avoid some or all penalties. You have a right to a defense, as provided by the sixth amendment, and the best defense is with a lawyer who understands Michigan DUI law, what happens in court, and how a defense is constructed.

Your DUI Defense Options
You have three options – and these options are not all equal – when preparing a DUI defense: defend yourself, use a court appointed lawyer, or hire a professional Michigan lawyer. Rule out defending yourself unless you are a DUI lawyer. If you cannot afford to hire a Michigan DUI lawyer, use the court appointed lawyer, who will at least have court experience. The best defense, especially if you want to challenge the charges, is with a professional DUI lawyer. He or she will specialize in DUI law, will have incentive to help you, and can invest a lot of time into your defense.



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Filed under: Defending DUI — Tags: , , , , , , , , — jmalewitz @ 2:55 pm



Getting Your License Back after a Michigan DUI

You were pulled over, arrested for a DUI, taken to jail, and your license was suspended. This happens every single day in the state of Michigan. Why has your license been suspended? What can you do to get it back? And who can help? This guide answers these and many more DUI questions related to getting your license back.

Why a Michigan license suspension?
Michigan is different than other states simply because each state has similar but somewhat different drinking and driving laws. Some call it a DWI, others OWI, while most call it a DUI. Some will suspend your license longer than others. Some may charge you with an aggravated DUI for being far over the limit or for drinking and driving multiple times. The reasons for each state law are pretty much the same: those who drink alcohol or abuse drugs and drive are dangers  on the road. Across the country, drinking and driving is a leading cause of traffic deaths.

You were charged because of this, because it’s so dangerous to mix alcohol or drugs and driving.

How can you get your license back after a DUI?
If you only have one DUI violation, getting your license back is much easier than if you are a habitual often. For most, you will apply for a general reinstatement. If it involves drugs, it will be a reinstatement for a drug crime, and if you are a minor it’s also different. The point here is that first time offenders can and often do get their licenses back. You have to wait until your suspension is over, you go to the  Michigan Secretary of State office, and apply for reinstatement.

What if you are charged for multiple drinking and driving violations?
If you have been repeatedly caught drinking and driving, you have to go the the Driver Assessment and Appeal Division (DAAD), who will review your case. You will have to prove your alcohol or drug problem is gone, that you won’t repeat the offense, and that you want to follow the laws. If your license is revoked, it can take much more time and legal work to get it back.

How much will it cost?
A general reinstatement fee for a suspended license is only $125. If you want your license back after a drug crime, that fee is $250, and the same for a minor in possession (MIP). Your lawyer fees, and you should get a lawyer, will cost some money too.

Who can help?
Getting your license reinstated for a one time alcohol or drug offense is often fairly simple. You have to pay a minor fee and can move on. However, to represent your interests in court, you need a professional lawyer. An experienced Michigan DUI lawyer is very important if you’ve been caught multiple times drinking and driving. You can expect penalties far beyond simple license suspension, including fines, jail time, and probation. A lawyer’s job is to lessen penalties, if not remove them, and help you move on with your life.



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Filed under: DUI/DWI — Tags: , , , , , , , , — jmalewitz @ 2:35 pm



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