If you have been charged with driving under the influence of alcohol or drugs, you need expert representation.  The experienced attorneys at The Kregelka Law Firm can help defend, inform and guide you through the difficult and complex process of pretrial rights and procedures, such as the Michigan Datamaster test, the trial itself and the process for license restoration. We help our clients successfully negotiate the criminal justice system and provide outstanding representation in all facets of the law. The fact that criminal issues are supposed to be resolved quickly can sometimes work against you. If you delay in choosing your counsel, deadlines may come and go and decisions may be made for you as a result of your inattention. 

If you have been arrested for drunk driving, vehicular homicide, or any other alcohol-related crime, contact the Kregelka Law Firm today. We represent clients charged with alcohol-related crimes in communities throughout the state of Michigan, including Ingham County Genesee County, Livingston County, Washtenaw County, Jackson County, Eaton County, Clinton County, Ionia County and Shiawassee County. We handle cases in all Michigan courts, including those in Lansing, East Lansing, Flint, Howell, Ann Arbor, Jackson, Charlotte, St. Johns, Ionia, Owosso, Corunna, and surrounding areas.

We not only handle the criminal aspects of a drunk driving case, but also the practical concerns related to:

If arrested for drunk driving in Michigan, you will be required to take a chemical test to determine your bodily alcohol content (BAC). Under Michigan's Implied Consent Law, all drivers are considered to have given their consent to this test. If you refuse a test, six points will be added to your driver record and your license will be suspended for one year. Please be aware that suspension of a license is automatic for any refusal to submit to the test. This is a separate consequence from any subsequent convictions resulting from the traffic stop. If you are arrested a second time in seven years and again unreasonably refuse the test, six points will be added to your driver record and your license will be suspended for two years. If you refuse to take the test under the Implied Consent Law or if the test shows your BAC is 0.08 or more, your driver license will be destroyed by the officer, and you will be issued a 625g paper permit to drive until your case is resolved in court.

The Implied Consent suspension may be appealed to the Driver Assessment and Appeal Division. The request for hearing must be mailed within 14 days of the date of arrest or your operator's or chauffeur's license and vehicle group designation or operating privilege will be automatically suspended. You are not required to have an attorney at this hearing, but an attorney may represent you if you wish.

Get more information about saving your driver's license NOW before it's too late. CALL US at 517-485-4796, 517-242-3663 or 517-256-9537.

There are three distinct drunk driving offenses in Michigan:

To prove UBAC, the Prosecutor or City Attorney must prove, again beyond a reasonable doubt, that a) a drunk driver's bodily alcohol content (BAC) was greater than .08%, b) while he or she was operating a motor vehicle. UBAC is generally easier to prove, so the prosecutor usually includes it with OWI to gain a conviction.

OWVI is the easiest of the three to prove. Here, the Prosecutor or City Attorney must prove, again beyond a reasonable doubt, that the drunk driver was a) operating a vehicle, b) while alcohol visibly weakened or reduced his ability to operate his motor vehicle.

These criminal offenses can apply to adults or minors. In Michigan, although we become adults at age 18, the liquor control laws define an adult as someone 21 years of age or older. So, Michigan enacted the "Zero Tolerance" law for people under the age of 21. Minors may not operate a motor vehicle with any bodily alcohol content.

In any event, a conviction or plea of guilty of OWI or UBAC, means a maximum sentence of up to $500.00 in fines plus the costs of prosecution, up to 93 days in jail and up to 45 days of community service. A second OWI, OWVI or UBAC in Michigan increases the fines plus costs up to $1,000.00, and imprisonment up to 1 year in jail.

A conviction or guilty plea to OWVI will result in a maximum sentence up to $300.00 in fines plus costs, up to 93 days in jail and up to 45 days of community service.

A third time conviction for drunk driving will result in a felony punishable by 1 to 5 years imprisonment and a fine of up to $5,000.00.

Additionally, a convicted person's license will be suspended or revoked for varying lengths of time depending on the circumstances. For a conviction of OWI or UBAC, a license will be suspended for not less than 6 months and not more than 2 years, without restriction for the first 30 days. If the drunk driver has a prior conviction, the license may be revoked if the convictions are within a certain duration of each other. However, for a conviction of OWVI, the license may be suspended for not less than 93 days or more than one year, but a restricted license is available immediately. A restricted license will allow the convicted person to drive to, from and during work, to alcohol treatment, school, community service or probation. He or she must carry proof of destination and hours to show law enforcement.   These offenses also require the convicted driver to pay so-called "driver responsibility fees" of $500 to $1000 for two years. 

One of the toughest sanctions, next to jail time, is when the sentencing judge confiscates the vehicle the drunk driver operated. The vehicle does not have to belong to the operator-it can be anyone else's vehicle. It doesn't matter if the vehicle is necessary for the other members of the drunk driver's family.

In addition to the above financial sanctions, drunk driving is an expensive ordeal in other ways. For a first offense drunk driving, insurance will probably be voided or not renewed, forcing the driver into the high-risk pool of insurance companies. The high-risk insurance companies generally charge three times the normal insurance and for less coverage.

And the judge must order the drunk driver in all alcohol related motor vehicle convictions to go through screening for alcohol and substance abuse. The judge must order rehabilitation as part of the sentence for a second offense. Both will be done at the drunk defendant's expense.

Anyone driving with his or her license suspended or revoked is also subject to license suspension or revocation for a similar period of the original suspension or revocation.

Calculating the bodily alcohol content (BAC) is not an exact science. It is also an art in the hands of those collecting and testing bodily specimens for alcohol. A 12-ounce can of beer or shot of whiskey may result in a different BAC depending on a person's gender, race, height, weight, metabolic rate, and medical history, among other things.

However, calculating the BAC is not so impossible that we cannot arrive at something reasonably reliable for the purposes of this handbook. As a general rule, to calculate an individual's bodily alcohol concentration, follow these three steps:

            1.    Count the number of drinks consumed. A drink is defined as one ounce of 100 proof liquor; one 12-ounce bottle of beer; or five ounces of wine.

            3.    Subtract the amount of alcohol eliminated since the first drink. The rate of elimination varies based on the factors stated above. Some people use .015% which is a slow metabolic rate, others use a .02% per hour. Use both as a high and low rate to arrive at a reasonable range.

The formula above and data below are for general information purposes only, and should not be used in a criminal prosecution or civil case.