Criminal Defense in Romulus, Michigan

If you’re facing a criminal charge in Michigan, bringing a solid defense is key to protecting your rights and obtaining a favorable resolution. Criminal charges range from drunk driving offenses to charges related to violence, sex, guns, theft, and beyond! Convictions come with serious legal and social consequences that can have a detrimental impact on your life. Criminal proceedings for alleged crimes occurring in the Romulus area will be held at the 34th District Court, located at 11129 Wayne Road, Romulus, Michigan 48174. If this is the difficult circumstances you find yourself in, don’t hesitate to reach out for the professional legal counsel of an experienced criminal defense attorney in Romulus to fight for you and your rights.

Operating a Vehicle while Intoxicated 

What is OWI?

OWI charges refer to operating a motor vehicle while under the influence of alcohol or drugs, and they’re as common as they’re serious. As it relates to alcohol, OWI charges involve a person getting behind the wheel of a motor vehicle at a time when they’re above the legal limit of 0.08 percent blood alcohol concentration (BAC). It’s important to note – this offense pertains to “operating”, which is broader than “driving”; a person doesn’t need to be actively driving a motor vehicle to be charged with an impaired driving offense. If you’re under 21 years old, a BAC reading higher than 0.02 percent is sufficient for you to be charged with a drunk driving offense. Even if you’re over 21 years old, your BAC doesn’t necessarily have to reach 0.08 percent to be charged with an impaired driving offense, as long as police determine that the alcohol or drugs present in your system impaired your ability to drive to an unsafe degree. Although charged differently, OWI includes impairment due to alcohol or drugs, so even without consuming a single alcoholic beverage, you can still be found guilty of OWI if you’re found to be voluntarily under the influence of drugs at the time you were stopped, regardless of whether the drugs are legal or were prescribed by a physician. 

OWI Testing

If you have been stopped under suspicion of OWI, police are likely going to ask you to exit your vehicle and complete a series of tests in order to confirm or dispel their suspicion of your impairment. These tests are known as “standard field sobriety tests”, which often include a Nystagmus test, walk-and-turn, a single raised leg test, and/or cognitive tests that require counting or reciting the alphabet. It is your right to consent or refuse to engage in these tests, however your decision may have consequences. If you refuse to participate in these tests, it’s likely that you’ll be arrested for an OWI-related offense based on the police officer’s observations alone. If you choose to participate in the standard field sobriety tests and perform poorly, this may be used as evidence against you.

At the conclusion of the standard field sobriety tests, you’ll likely be asked to submit to a breathalyzer. The breath test administered by police on-scene is known as a preliminary breath test (PBT). The results of a PBT aren’t admissible as evidence against you in court proceedings, but these results may be used by police to support your OWI arrest. You should know that any refusal of a PBT is a civil infraction in Michigan.

Implied Consent Refusals

There are serious consequences for your driver’s license if you refuse a valid, reasonable request to undergo a chemical test. When you apply for a Michigan driver’s license, the law holds that you have “impliedly consented” to take chemical tests at the reasonable request of a peace officer, if that officer has reasonable suspicion of impaired driving. A chemical test may be taken via breath, blood, or urine. Unlike PBT results, the results of the chemical test may be used in criminal proceedings through the court or administrative proceedings through the Secretary of State. 

If you have refused a chemical test, it’s of vital importance that you contact a Romulus attorney with specialized experience and a track record of success in both criminal proceedings and administrative license proceedings, as soon as possible. Following a refusal, you have only 14 days to challenge the Implied Consent Violation by requesting a hearing through the Secretary of State. If you don’t request the hearing within this time frame, you’ll automatically face a suspension of your driver’s license for at least one year for a first-time refusal. If you have previously refused a chemical test within the past 7 years, you’ll be subject to an even longer license suspension. If this is your first refusal, you’re eligible to apply for a Hardship/Equitable Appeal in the county of arrest. The assistance of a criminal defense attorney in navigating this complex system could be the difference between success and failure in getting back on the road as soon as possible.

Consequences of Drunk Driving – First Offense

In addition to these consequences, a conviction will often result in a number of required classes, such as the Mothers Against Drunk Driving (MADD) Victim Impact Panel and/or mandatory rehabilitative program. There also may be additional consequences for your professional licensure or employment. As a result, it’s important to call an experienced criminal defense attorney in Romulus to ensure the best outcome. 

Aggravating factors that increase the level of the charge and the fines and penalties faced in relation to OWI include:

●      Having a minor in the car with you

●      Causing someone else to be injured

●      Having a prior conviction

●      Having a very high BAC reading

In light of these aggravating factors, it becomes even more urgent that you contact a criminal defense attorney in Romulus to help you build a strong defense strategy that protects your legal rights and supports your best interests. 

Call a Criminal Defense Attorney in Romulus, Michigan Today

To us, it’s personal. When you’re facing an OWI or other criminal charges in Romulus or Wayne County, don’t hesitate to contact Geherin Law Group. We’re available 24/7 and we’ll put our 25+ years of criminal justice experience to work in protecting your interests. Throughout his career, Attorney Daniel T. Geherin has earned 265+ 5-star reviews on Avvo.com from satisfied former clients. Contact us or call anytime at (734) 263-2780. Dan and his team of lawyers and paralegals will fight aggressively and always treat you personally.