First Offense Drunk Driving Charges – What to Expect?
The most common question asked by new OWI clients is, “Will I go to jail on a first offense?” Although jail time is a primary concern, there is more to consider. A top OWI defense lawyer can protect and defend you.
First Offense OWI? Here is What You Need to Know
A first offense of drunk driving or OWI can feel overwhelming and scary, but you are not alone. Many people face this situation and come out okay with the right defense. Jail is avoidable in many cases, especially for first-time offenders. With a strong legal strategy, you may be able to reduce the charges or even get them dismissed. Judges often consider your clean record and willingness to address the issue. Focus on taking the proper steps now, and know that this doesn’t have to define your future. By learning about your options, you can regain control and work toward the best possible outcome.
The Penalties of a First Offense Drunk Driving Conviction and How to Prevent Them
The most common question clients charged with a first offense of drunk driving ask is, “Will I get jail time?” The answer is probably not in most courts. Unless there are exceptional circumstances, judges should not order jail for a first offense so long as an experienced, fearless, and passionate DUI defense attorney represents them. The best defense to a DUI charge and the greatest likelihood of avoiding jail is working with an experienced and successful defense law firm.
For a standard OWI first offense, penalties may include:
- Up to 93 days in jail
- Fines of up to $500
- Community service (up to 360 hours)
- Driver’s license suspension for 30 days, followed by a 150-day restriction
- Six points added to your driving record
- Possible vehicle immobilization
For an OWI High BAC first offense, the penalties are harsher:
- Up to 180 days in jail
- Fines of up to $700
- Mandatory participation in an alcohol treatment program
- Driver’s license suspension for one year (eligible for a restricted license with an ignition interlock device after 45 days)
- Six points added to your driving record
- Possible vehicle immobilization for first offense OWI with a High BAC
Do you need a lawyer for a first offense drunk driving charge?
Zealous and effective representation is more critical than you may think. Although many judges rarely give jail to a first drunk driving or OWI offender, they frequently order years of probation with excessive, burdensome, and expensive conditions. The financial cost and time commitment for therapy, impact panels, testing, alcohol tether, community service, probation appointments, court reviews, and other terms and conditions of probation can be oppressive. One of the most significant problems probationers face is judges that nitpick over even the most technical, and sometimes accidental, variations from probation conditions. Judges who do not order jail time at the original sentences are far more likely to consider incarceration for a violation of probation, even based on a technicality.
The best OWI lawyers spend time not just making sure their clients stay out of jail but also putting forth maximum effort to minimize probation terms and conditions. Terms of probation with complicated and tedious terms and conditions can set the defendant up for failure.
How much jail can I get for a first offender charged with drunk driving?
The maximum sentence for a first offense OWI (drunk driving) or Impaired Driving in Michigan is 93 days. If a judge is considering a jail sentence, there are alternatives that the judge may find acceptable if offered credibly and persuasively. For example, a skilled lawyer may persuade a judge to suspend a jail sentence, allow work release, consider home confinement, or a treatment facility in exceptional circumstances. As previously stated, most judges in Michigan rarely sentence first-time defendants to jail time.
Defense Attorney for DUI First Offense
Whether the charge is your first offense of drunk driving or not, the Defense Team with LEWIS & DICKSTEIN, P.L.L.C. is ready, willing, and able to protect and defend you. We have decades of experience successfully defending first offenders charged with OWI, DUI, Impaired Driving, and OWPD. In many cases, we have successfully gotten first offenses dismissed or reduced to nonalcohol-related offenses.
Call us if you need assistance with a Michigan DUI charge and you would like a Free Consultation with a top criminal defense attorney. We will take the time to talk with you, answer your questions, and address each of your concerns. Together, we can develop a winning strategy for your case.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.