Oakland County DUI Defense Attorney Paul J. Tafelski Highlights Drunk Driving Penalties in New Article
Oakland County DUI defense attorney Paul J. Tafelski (https://www.michigandefenselaw.com/drunk-driving-penalties.html) provides a detailed overview of the serious legal consequences drivers may face under Michigan’s impaired driving laws in a recent article published on the Michigan Defense Law website. The article, titled Drunk Driving Penalties, outlines the penalties associated with different types of DUI charges, including Operating While Intoxicated (OWI), Operating While Visibly Impaired (OWVI), and the state’s “Super Drunk” law, which targets high blood alcohol content offenses.
In Michigan, DUI-related offenses carry significant penalties that impact driving privileges even before a court conviction. A driver may face an automatic one-year license suspension and six points on their record simply for refusing a chemical test after arrest, due to Michigan’s implied consent law. Oakland County DUI defense attorney Paul J. Tafelski explains that these consequences occur independently of the outcome of a court case and require swift legal action to dispute. He advises requesting a hearing with the Michigan Secretary of State’s Driver Assessment and Appeal Division (DAAD) within 14 days of the arrest to preserve the right to appeal.
The article emphasizes how Michigan’s legal system separates administrative penalties from judicial proceedings. According to Oakland County DUI defense attorney Paul J. Tafelski, “The opportunity to protect your license arises during the legal proceedings, making it important to address these issues early in the case rather than waiting until after a decision is made”. This early intervention can be the deciding factor in preserving a driver’s ability to legally operate a vehicle.
Michigan Defense Law underscores that DUI convictions come with escalating consequences. A first OWI offense can lead to up to 93 days in jail, fines up to $500, and a 6-month license suspension, with restrictions placed on driving even when a restricted license is later granted. For a second offense within seven years, penalties include a mandatory minimum of five days in jail, up to one year, fines of up to $1,000, and a complete license revocation for one year with no restricted privileges. A third offense is treated as a felony, resulting in one to five years of imprisonment, higher fines, community service, and a five-year license revocation.
The article also explains the implications of Michigan’s Super Drunk law, which applies to drivers with a blood alcohol content of 0.17% or higher. These cases result in a mandatory 45-day license suspension with no driving allowed, followed by a 10-and-a-half-month restricted license period that requires the installation of an ignition interlock device. Any violation involving the device can result in extended penalties.
Drivers under these restrictions must comply with tight limitations. For instance, restricted licenses may only be used for essential activities such as commuting to work, attending court-ordered programs, or medical appointments. Judges cannot modify the scope of these restricted privileges. According to the article, having a reliable Michigan DUI defense attorney such as Paul J. Tafelski can help minimize the period of restriction and navigate appeals where hardship petitions become applicable.
Michigan Defense Law also draws attention to aggravating factors that can further increase the severity of penalties. These include having a minor in the vehicle during the offense or causing bodily harm or death while driving under the influence. Repeat offenders may also face vehicle immobilization or forfeiture, especially if they are caught violating the terms of a restricted license or driving without a valid license altogether.
The use of ignition interlock devices is not limited to Super Drunk cases. Participation in state-approved Sobriety Court programs for repeat offenders may also require these devices. These programs can offer a path to limited driving privileges but are tightly regulated. Those who are not enrolled in such programs are subject to mandatory license revocation for a minimum of one year with no eligibility for restricted driving.
Michigan DUI defense attorney Paul J. Tafelski concludes the article by emphasizing the importance of understanding Michigan’s OWI laws and acting quickly after an arrest. Delays in requesting hearings or preparing legal defenses can result in longer periods without driving privileges and more severe long-term impacts on a person’s life.
The legal consequences of a DUI in Michigan extend far beyond courtroom penalties. Administrative sanctions, mandatory technology requirements, and strict sentencing guidelines make early legal intervention essential. Working with an experienced legal team such as Michigan Defense Law can help individuals facing DUI charges take action to protect their license and limit disruption to their daily life.
For those navigating Michigan’s strict DUI laws, understanding the options and responding quickly can significantly change the outcome of a case. Legal representation can provide the guidance necessary to meet deadlines, comply with administrative procedures, and pursue all available avenues for retaining driving privileges.
About Michigan Defense Law:
Michigan Defense Law is a criminal defense law firm serving individuals facing criminal charges throughout the state of Michigan. Led by attorney Paul J. Tafelski, the firm focuses on providing strategic legal representation in DUI and OWI cases. With a thorough understanding of Michigan’s criminal and administrative processes, Michigan Defense Law advocates for the rights of clients from initial arrest through final resolution.
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