DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS

A Drinking and Driving arrest can turn your life upside down. Our defense firm is here to stand up for you and fight.

Driving Under the Influence is one of the most common criminal offenses that happen to everyday people, except that when it happens to you the only thing you feel is lost and alone – we are here to guide you and we have your back.

HOW OUR LAW FIRM CAN HELP

DUI is a category of criminal offense involving drugs or alcohol while driving. Depending on the allegations of your case a DUI can be charged as a misdemeanor, or the more serious felony offense.

A conviction for driving under the influence means the loss of your license, points on your driving record, hefty fees and costs, drug and alcohol testing, and even jail, not to mention that a DUI can affect your career or professional license.

Did the police have a legal reason to stop your vehicle? Did the police have a legal reason to search you or your vehicle? Did the police follow proper protocol for chemical testing? Call of these are questions that you should be discussing with your lawyer.

When you are facing an offense that can impact your life you need an attorney that knows the ins and outs of DUI defense. Michigan DUI Defense lawyer Aaron J. Boria has the real world experience coupled with the legal knowledge necessary to defend against Driving Under the Influence charges.

Unlike most defense lawyers, Attorney Boria has a winning trial record, the majority of our cases result in a dismissal, or a reduction. When your future is at stake make sure to choose the lawyer that knows how to get you the best result possible.

Call:(734) 453-7806

OWI – Operating While Intoxicated

Operating While Intoxicated (OWI) is probably the most common drinking and driving offense that individuals are charged with. OWI is charged when a person's blood alcohol level is a .08 or above but below a .17. The first offense is a 93-day misdemeanor and the second offense is a one-year misdemeanor with some mandatory jail time. Both offenses result in the loss of your ability to drive.

A third offense for drinking and driving at any point in your life can be charged felony drunk driving. Felony drunk driving carries mandatory jail time and could even land your in prison for years. A felony OWI also means the revocation of your driver license.

Operating While Intoxicated can be beat. Police will often make an illegal stop of a vehicle or an arrest when they shouldn’t. It isn't uncommon for the police to perform chemical testing improperly. Any of these issues could lead to an OWI dismissal. A person’s medical history can play a factor in defending an OWI. Some juries may be unwilling to convict someone of OWI.

Super Drunk – High BAC .17 or Higher

High BAC Greater than .17, more commonly referred to as “Super Drunk”, is a fairly new drinking and driving offense that became law in 2010. Super Drunk is charged when your blood alcohol level is alleged to be a .17 of greater (grams per 100 milliliters of blood). The offense carries penalties greater than OWI that include jail time of up to 6 months for a first offense with the loss of your license for an entire year.

As of today, breath testing is not calibrated at a .17 level, which can cause doubt in the minds of jurors. Other defenses applicable to the Super Drunk offense are all of those that would apply to the lesser offense of OWI.

Driving on Drugs – Operating With Controlled Substance

Operating with the Presence of a Controlled Substance makes it illegal for a person to operate a motor vehicle with any amount of a scheduled 1 controlled substance in their system. Prosecution must prove that the active drug was in your system at the time of driving.

Another common drug driving offense is Driving While Impaired by a Controlled Substance. The prosecution must prove not only was a drug in your system but also that the drug impaired your ability to drive. This offense is usually charged when a person has a prescription or a medical marijuana card but it is alleged that you abused your drug does.

A first offense for driving on drugs carries 6 months in jail, 6 points on your driving record, and the loss of your license. A second offense carries a year in jail with mandatory jail time and a third offense is a felony that carries prison time.

Driving on Drugs, like any Driving under the Influence charge, can be defended. The prosecution must prove that a controlled substance was in your system and they are often trying to do so using complicated measurements with room for error. Other common defenses include a bad stop, a bad arrest, or a bad investigation by police.

Child Endangerment – DUI Children in the Vehicle

If you were arrested for suspicion of driving under the influence with children in your vehicle under the age of 16 then it is likely that you will be charged with Child Endangerment. The prosecution must prove beyond a reasonable doubt that you operate a motor vehicle, while impaired by liquor or a controlled substance, and there was a child, under the age of 16, in your car at the time you were driving. First offense Child Endangerment is a misdemeanor with up to a year in jail plus fines and the loss of your license. Second offense Child Endangerment is a felony.

The same defenses that are available for Operating While Intoxicated or Operating While Impaired by a Controlled Substance are available in trial endangerment. A violation of your rights by the police could mean an outright dismissal.

“I was arrested for OWI (first offense) and was referred to Aaron by a friend. I was extremely nervous after reading the penalties related to the charge. Aaron got the charge reduced to an Operating While Visually impaired, which saved me a ton of money and allowed me to keep my license on a restricted basis rather than being suspended, which was huge for me because I commute to school 4 days a week. I knew I had good representation at sentencing, but expected to get a severe punishment because of priors I had when I was a teenager. When Aaron came out and told me what the Judge was going to give me, I was absolutely surprised and satisfied with the great results that he negotiated. He explained everything very well, and made the whole process understandable and easy as could be in that situation. I would absolutely recommend Aaron to family and friends for their legal needs.” – Nick in Novi, Michigan