Drunk Driving Lawyer in Grand Rapids, MI
With over 32 years of experience, we’re here to help you understand your rights and legal options after a DUI/OWI arrest. Our skilled drunk driving attorney in Grand Rapids will thoroughly analyze the facts of the case, review the evidence, and develop a defense strategy to minimize the potential consequences of a conviction.
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Work With a Top-Rated Grand Rapids DUI Attorney
One night on the town or a get-together with friends can lead to a life-changing drunk driving arrest and conviction. Charges of operating while intoxicated (OWI) are serious, and potential penalties may be more severe if your blood alcohol content was very high, you’ve faced previous charges of drunk driving, or a child was in the vehicle at the time.
Automatic drunk driving penalties can begin shortly after your arrest, so it’s important to consult an experienced DUI attorney in Grand Rapids as soon as possible to understand potential consequences and develop a strong defense.
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DUI Charges: Understanding Michigan's OWI Laws
Anyone who operates a motor vehicle under the influence of alcohol, a controlled substance, or any combination of drugs or alcohol, can be charged with operating while intoxicated (OWI). Definitions and penalties for these offenses are detailed in Section 257.625 of the Michigan Vehicle Code. Here’s a closer look at some of the most common drunk driving charges in Michigan.
Operating While Intoxicated (OWI)
This is the most common drunk driving charge. It applies if your blood alcohol content (BAC) is 0.08 or higher. First- or second-offense OWI is typically a misdemeanor charge, excluding certain aggravating factors.
Operating While Visibly Impaired (OWVI)
In Michigan, law enforcement can arrest drivers for OWVI regardless of their BAC. This designation is often used to reduce charges in OWI plea deals, especially where test results were close to the legal limit.
High BAC/Super Drunk Driving
Driving with a BAC of 0.17 or higher is a high-penalty misdemeanor as a first offense. Consequences include up to 180 days in jail, a 45-day license suspension, and 320 days with a restricted license and ignition interlock device.
Felony OWI
Driving while intoxicated can become a felony if it’s a third offense regardless of BAC or if a person kills or seriously injures someone while driving impaired. Potential penalties include up to 15 years in prison plus substantial fines per MCL 257.625.
CDL Holders
As described in MCL 257.625m, commercial truck drivers can be charged with a misdemeanor or felony (for repeat offenses) when driving with a BAC of 0.04 or higher. Potential penalties for a first offense include up to 93 days in jail, a fine up to $300, and a 1-year CDL disqualification.
Zero Tolerance for Minors
Per MCL 257.625(6), anyone under age 21 can be charged with OWI if their BAC is 0.02 or greater, with a possible exception for alcohol consumed during a religious service. Potential penalties include community service, fines, and jail time.
Potential Penalties for an OWI Conviction in West MI
Consequences of drunk driving can begin immediately after your arrest, especially if you refuse a chemical test. These penalties can affect your life and your ability to drive for 6 months to a year or more, so it's important to work with an experienced defense attorney who handles DUI cases. Here are a few of the potential penalties if you are convicted of OWI or a similar offense.
- Driver's License Sanctions: Refusing a chemical sobriety test or being convicted of drunk driving can lead to an automatic license suspension, including no driving for 30 to 45 days. A repeat offense can lead to a mandatory license revocation. You may need to request an administrative hearing to have your license restored.
- Jail Time & Fines: Individuals who drive impaired may face a combination of fines, jail time, and community service. Fines range from $500 for a first offense up to $5,000 for a third offense. Jail time is mandatory for repeat offenders.
- Vehicle Immobilization: Particularly for 2nd or 3rd OWI offenses, you may be required to forfeit or immobilize your vehicle for several months to several years.
- Criminal Record: A conviction for OWI can affect your ability to pass a background check, which may be required for employment and professional licensing. However, you may be able to expunge your first OWI.
- Immigration Consequences: For non-citizens, drunk driving can be considered a crime of moral turpitude, which can affect your ability to secure a visa, become a naturalized citizen, or re-enter the country.
- Additional Expenses: A drunk driving charge can lead to unforeseen expenses, including legal fees, fines, court costs, towing bills, high-risk auto insurance, and charges for an ignition interlock device.
What to Expect After a DUI Arrest in Grand Rapids
If you’re pulled over for suspected intoxication or impairment in Grand Rapids, Wyoming, Walker, or another community in West Michigan, that is just the beginning. You may face sanctions from the Secretary of State (SOS), criminal court dates, fines, and other penalties. Here’s what you can expect during each step of the process and why it's important to have an experienced drunk driving lawyer by your side.
1. Traffic Stop & Investigation
If a law enforcement officer observes impaired driving, they will likely initiate a traffic stop to check for signs of impairment, such as slurred speech, open containers, or a lack of coordination. You may be asked to perform a field sobriety test and preliminary breath test. You can refuse this test, but you may still be arrested and subject to additional penalties.
2. Arrest & Chemical Test
If the officer believes that you are operating while impaired, they can arrest you and have your car towed and impounded. Next, you may be asked to take a chemical test (blood, breath, or urine). Refusing this test can have immediate consequences, including points on your driving record and confiscation of your license.
3. Booking & Release
Next, you’ll be booked at the jail. This involves taking photos and fingerprints and collecting personal information. In most cases, you will be held overnight or for several hours until you are sober enough to drive. You may be released on your own recognizance or asked to post bond. You’ll also receive paperwork indicating when you’re required to appear in court.
4. Arraignment
At your first court appearance, you’ll be advised of the charges against you and informed of your rights. Your drunk driving lawyer can advise you whether to plead guilty, not guilty, or no contest. During the arraignment, the judge will set conditions for your release, such as avoiding drug and alcohol use or consenting to random drug and alcohol testing.
5. Pre-Trial Conference & Motions
During this phase, your criminal defense attorney will meet with the prosecutor to review evidence and begin plea negotiations if possible. Your attorney may file motions challenging the accuracy of sobriety tests or the legality of the traffic stop. You can accept the plea deal or opt to proceed to a trial where the prosecutor must prove your guilt beyond a reasonable doubt.
6. Sentencing & Sanctions
Whether you resolve your case through a plea deal or a trial, the judge will oversee sentencing if you are convicted. Potential penalties include fines, jail time, community service, probation, or vehicle immobilization. You will also face separate administrative penalties imposed by the Secretary of State. These include points on your license and a suspension or revocation of your driving privileges. You may also have to pay a fee to have your driver's license reinstated.
DUI Defense Strategies to Challenge the Evidence
Despite having good intentions, police officers can make mistakes, and breathalyzers and other chemical tests are not foolproof. As a Grand Rapids drunk driving lawyer, our job is to conduct a thorough investigation to find potential weaknesses in the prosecutor's case. Here are a few possible drunk driving defenses that may apply to your situation.
- The Legality of the Traffic Stop: Did the officer have a valid reason to pull you over? If the officer did not have reasonable suspicion, your DUI attorney can file a motion to suppress evidence related to the traffic stop.
- Improper Tests: Sobriety tests have strict protocols. We’ll review the police report and dashcam or bodycam footage for potential errors. We have successfully challenged the validity of results due to improper calibration and maintenance and lapses in the chain of custody.
- Denial of Your Rights: Were you properly read your Miranda rights and chemical test rights? Were you denied the right to an independent chemical test? These factors can affect the validity of the prosecutor’s case.
- Medical Conditions: Some medical issues can mimic the signs of intoxication or affect breath test results. Individuals who have diabetes, hemophilia, and certain other conditions are not required to consent to a blood draw.
Choose Barrix Law for Your Grand Rapids OWI Case
With over 32 years of experience practicing law in the criminal justice system, Barrix Law Firm brings a level of skill and insight that only comes from handling countless OWI cases across Kent County and West Michigan, including cases heard in the 61st District Court and the Kent County Circuit Court. Our deep understanding of criminal law helps us approach every aspect of your defense with strategy and precision, from challenging evidence to negotiating with prosecutors. If you're looking for the best DUI lawyer for your case, here are a few reasons to choose our team:
- In-Depth Knowledge: Drunk driving defense is a highly technical field. Our experienced DUI team offers in-depth knowledge of investigation principles, negotiation tactics, and Michigan’s drunk driving laws.
- Client-Focused Service: Your ability to drive is essential to support your family and live a normal life. We act with urgency to protect your rights and appeal pending suspensions when applicable.
- Local Insight: As Michigan natives, we’re familiar with prosecutors and judges in Grand Rapids, Kentwood, and surrounding counties. This local insight helps us know what to expect and how to develop the best possible defense strategy.
- Trial Ready: Jason Barrix is a seasoned Michigan DUI attorney with substantial trial experience. We prepare every case as if it were going to trial. Thorough preparation helps us uncover all evidence and negotiate favorable plea deals before you have to go to court.
- Affordable Fees: When it comes to drunk driving, just one mistake can lead to major expenses. We offer competitive fees and flat-rate value billing to control your costs, no matter how long your case takes to resolve.
Grand Rapids DUI Lawyer FAQs
Will I Lose My License After My First OWI in Grand Rapids?
You will likely face a short-term license suspension for first-offense OWI in Grand Rapids or Kent County. The standard penalty is a 30-day hard suspension with no driving followed by 150 days on a restricted license that lets you drive to work, school, medical appointments, and other essential trips. The judge may also order an ignition interlock.
If your BAC was 0.17 or higher, you’ll face a 45-day hard suspension followed by 320 days on a restricted license with a mandatory ignition interlock device. Speak to a local drunk driving lawyer as soon as possible to determine if you’re eligible to have the charges reduced through a plea deal.
What Happens if I Refuse a Sobriety Test?
Refusing a chemical test can have severe consequences, apart from any penalties related to OWI. Implied consent laws mean that all drivers must agree to a chemical test if DUI is suspected. Your first refusal can lead to a 1-year license suspension plus 6 points on your driver’s license.
A second or subsequent refusal within 7 years may result in a 2-year license suspension plus 6 additional points per MCL 257.625f. Even if you refuse a sobriety test, law enforcement officers in Grand Rapids can secure a warrant and use the results against you. This applies to all chemical tests, including breathalyzers, blood draws, and urine samples.
Will I Have to Go to Jail for First-Offense OWI?
It depends on your BAC and whether there were any aggravating factors. Per MCL 257.625(9), potential penalties for first-offense OWI with a BAC under 0.17 include one or more of the following:
- Up to 93 days in jail
- A fine ranging from $100-$500
- Up to 360 hours of community service
Speak to an OWI attorney in Grand Rapids as soon as possible to manage potential penalties and build a strong defense.
What Is Michigan’s 14-Day Rule?
If you refuse a chemical sobriety test, you have 14 days to request a hearing with the Secretary of State. Otherwise, your license will automatically be suspended for 1 year with no right to an appeal per MCL 257.625f. You will also receive 6 points on your driving record. Talk to a DUI attorney as soon as possible to avoid missing this important deadline.
Is Drunk Driving a Felony in Michigan?
Drunk driving can become a felony due to repeat offenses or aggravating factors. The following offenses are classified as felonies.
- Third-offense OWI regardless of BAC
- OWI causing injury or death
If you’re facing felony OWI charges, contact our DUI law firm as soon as possible to protect your rights and understand potential consequences.
Contact Our Grand Rapids DUI Attorney Now
Losing your driving privileges due to a drunk driving conviction can affect nearly every aspect of your daily life. If you were arrested for OWI or a related charge, contact a Grand Rapids DUI lawyer at Barrix Law Firm as soon as possible. We can help you understand potential penalties, protect your legal rights, and determine what evidence the state has against you. Get in touch online or call our Grand Rapids office to schedule your free, confidential consultation.
