FELONY DUI
WHAT IS A DUI AND HOW DOES IT BECOME A FELONY?
DUI is an acronym for “driving under the influence.” You likely already knew that by making your way to this page. What you might not have known is that the charge of “DUI” doesn’t exactly exist in Michigan law. In the state of Michigan, drunk driving charges are called “OWI” or “operating while intoxicated.” The term DUI became popular as it is commonly used in television and movies due to the laws in California naming the charge “driving under the influence.” While OWI is technically the correct term for a drunk driving charge in Michigan, you will routinely find DUI and OWI used interchangeably, both on this website and many others.
In most cases, you will find that DUI/OWI charges are misdemeanors. These charges, however, can be elevated to felony charges when you have two prior DUI/OWI convictions, or if your current DUI is alleged to have caused serious injuries or death to someone. You can also be charged with a felony for driving under the influence with a child under the age of 16 in the car with you. When there are victims in a DUI case that have suffered serious or fatal injuries, then it opens up the possibility of significant jail or prison time if the driver is convicted of driving under the influence. If you are facing a felony DUI charge, then it is critical to get in touch with an experienced DUI defense attorney as soon as possible.
VARIOUS FELONY DUI CHARGES IN EAST LANSING
The various types of felony DUI/OWI charges that you will find in and around East Lansing include:
Operating While Intoxicated Third Offense - .08 BAC or Higher
Minimum of 30 days in jail and up to five years in prison. Your car is subject to forfeiture and the judge can order you to serve up to 180 days of community service, as well as to pay fines of up to $5,000. Your driver’s license will also be revoked as a result of an OWI third offense conviction.
Operating While Intoxicated Causing Serious Injury - .08 BAC or Higher
Up to five years in prison upon conviction, along with a fine imposed of not less than $1,000 and not more than $5,000. Your vehicle is subject to forfeiture and will at the very least be immobilized by the judge.
Operating While Intoxicated Causing Death - .08 BAC or Higher
Up to fifteen years in prison upon conviction, along with a fine imposed of not less than $2,500 and not more than $10,000. Your vehicle is subject to forfeiture and will at the very least be immobilized by the judge.
Operating While Intoxicated Causing Death of an Emergency Personnel - .08 BAC or Higher
Up to 20 years in prison upon conviction, along with a fine imposed of not less than $2,500 and not more than $10,000. Your vehicle is subject to forfeiture and will at the very least be immobilized by the judge.
Operating While Intoxicated Causing Child Endangerment - .08 BAC or Higher
Minimum of one year in prison and a maximum of five years upon conviction if there are two prior OWI convictions. The judge will also impose a minimum fine of $500, up to a maximum of $5,000. Your vehicle is subject to forfeiture and will at the very least be immobilized by the judge.
HOW TO DEFEND A DUI CASE
Not all DUI cases are defended in the same way. Each specific case has factors and circumstances which may change how you defend a given DUI charge. In some cases, you may need to challenge the police officer’s determination and investigation related to your felony DUI charge; in others, you may need to challenge the scientific evidence relating to your alleged blood alcohol content or challenge the accusation that your intoxicated driving caused injuries. The breath test machines that the police use to determine the level of alcohol in your system are susceptible to giving inaccurate measures when they are not used or calibrated properly. It is important to have a clear game plan for how you are planning to defend your DUI case. The best time to devise this game plan is after a discussion with an experienced DUI defense attorney about your case. Once you understand the strengths and weaknesses of your case, then you can make informed and confident decisions about how to proceed.
WHAT IS AN EXPERT WITNESS?
An expert witness is an individual who has specialized scientific knowledge who can use that knowledge to testify in a given case. It is important to note that expert witnesses don’t testify from things they “witnessed” in a case. Rather, an expert witness can take scientific information and data and give reasoned opinions in analyzing a certain piece of evidence in a trial. Before an expert witness is allowed to testify in a case, the court must deem them an expert under Rule 702 of the Michigan Rules of Evidence. In assessing whether or not an individual qualifies as an expert under Rule 702, the judge and attorneys can question the expert about his or her specific education, experience, and expertise. Expert witnesses are also typically published authors, known for their written works on specific topics. If the expert is allowed to testify, then he or she will draw opinions and conclusions from the given facts in a case. Experts are only allowed to testify where scientific or technical issues exist, of which an expert’s opinion can help jurors more fully understand the evidence at hand in a given case.
HOW AN EXPERT WITNESS CAN HELP
An expert witness can help a jury understand scientific information in a case that they likely don’t understand otherwise. In a DUI case, an expert witness can help a defense attorney question the reliability and accuracy of the Datamaster Breath Test. The Datamaster is the most uniformly used piece of equipment for police to determine someone’s level of intoxication. It is also a complicated piece of equipment that needs regular servicing and calibration in order for it to work effectively. A defense expert can shed light on why the machine may have given an incorrect measure of blood alcohol content, and ultimately can help you win your case. A regular witness will not be allowed to testify about this type of information, so an expert witness is generally your main avenue to properly attack scientific information in a given DUI case.
HOW EAST LANSING DUI CAN HELP
The attorneys at East Lansing DUI bring significant experience and legal knowledge with them to each and every DUI case they defend. We understand the significant penalties that can come with a felony DUI conviction and will draw on our past experience in dealing with the local East Lansing area courts to help each client find success. A case assessment with one of our attorneys will give you a full understanding of your felony DUI case, along with its strengths and weaknesses. You will come away with a clear idea of how to best approach and defend your DUI case after meeting with one of our attorneys at East Lansing DUI.
EAST LANSING DUI FREE CONSULTATIONS
At East Lansing DUI, we understand that this might be your first run-in with the law. It is normal to have some questions and worry about what the outcome of your case might be. Because of this, we are proud to offer free consultations to anyone facing a DUI charge. Simply call us at (517) 292-7000 or contact us online to arrange a consultation with one of our attorneys. It could be the call that saves you from the consequences of a DUI conviction.
CONTACT US
©2021 All Rights Reserved | Site by Fix8