• 93 days in jail
• 5 years of probation including bans on alcohol consumption
• 360 hours of community service
• $500 in fines, court costs and administrative fees
• 180 days suspension of your driver’s license
• 6 points on your driver’s license

These consequences, however, can be enhanced depending on the circumstances of the offense – such as operating a vehicle with a BAC of 0.17% or more (twice the legal limit), receiving a second or subsequent OWI conviction, or causing injury or death while driving drunk. These more serious events can:

• Raise the upper limit of a jail sentence
• Impose mandatory minimum jail time
• Increase the cost of fines
• Impose mandatory alcohol treatment programs
• Lengthen driver’s license suspensions
• Immobilize the vehicle involved in the drunk driving incident
• Require the installation of an ignition interlock device
• Add restitution payments to the victims of drunk driving accidents

The Science of Drunk Driving Defense

Driving Under the Influence (DUI) cases across the country have become a matter of science. In years past, proof of drunkenness often depended on a driver’s ability to complete roadside agility tests or simple mental tasks (like counting by sevens or reciting the alphabet backwards). While officers still regularly use these tests, the science behind them has fallen apart over time. Today, only the BAC result – measured by a Breathalyzer test or blood draw – or an eye-tracking test are generally admissible in court to support an OWI conviction.

At the Peter J. Johnson Law Office, our criminal defense lawyers understand the science of drunk driving defense. We have close connections with expert witnesses who can challenge the results of breath and blood tests and explain why agility tests aren’t enough to prove drunk driving. These are difficult cases to “win,” but we are committed to meeting our clients’ needs. We will go through the details of your case and pursue your defenses honestly, aggressively, and competently.

Refusing a Breath Test in Michigan

The core of a prosecutor’s case for drunk driving rests on establishing a driver’s blood alcohol content (BAC). That is, the prosecuting attorney must show the defendant was actually both drunk and driving. Some Michigan residents believe refusing the breath test at a traffic stop will prevent a later conviction.

There is a legal right to refuse a breath test. Doing so, however, will result in an automatic one-year suspension of a person’s driver’s license. It also won’t accomplish the goal of avoiding arrest or conviction. If a police officer reasonably suspects that a driver is intoxicated (that is, they have probable cause to believe drunk driving has occurred), they can obtain a warrant from a judge to take that person’s blood or saliva without consent for BAC testing and admission in court later on.

This is why it is not recommended to refuse the breath test. If, however, a driver does have his or her license suspended for doing so, attorneys at the Peter J. Johnson Law Office can still help restore it through an appeal to the Michigan Secretary of State.