DRUNK DRIVING DEFENSE

As a former Oakland County Prosecutor, Mr. Buehner knows how to identify the problems in any criminal case. Contrary to popular belief, not all drunk driving cases are 'open and shut' cases. Determining what type of defenses are available requires a thorough review of the evidence in each case. Mr. Buehner thoroughly reviews the incident reports, in-car videos, booking videos, datamaster logs, lab reports and all other evidence to determine your legal options. Some of the issues he examines are:

Was the arrest constitutionally valid? What may appear to be a 'routine' drunk driving arrest could in fact be a violation of your constitutional rights.
Was the client properly informed of their Chemical Test Rights?
Were statements taken from the client in violation of their Miranda rights?
Are there factors other than alcohol use that could account for any alleged driving irregularities?
Are there factors other than alcohol use which could have influenced the client's performance on the field sobriety tests?
What were the conditions like in the area where the client took the field sobriety tests?
Was the officer who operated the breath testing equipment properly qualified to operate the equipment?
Was the breath testing equipment functioning properly?
Were there any violations of the Administrative Rules for Breath Alcohol Tests?
Could the breath test's results be influenced by medical or other external factors?
Are there any inaccuracies in the arresting officer's report / citation which call into question the officer's credibility?

Understanding any potential defenses and the likelihood of success is vital to making an informed decision regarding your drunk driving charge. Mr. Buehner understands the impact that a drunk driving charge can have on a client's life. Mr. Buehner can put you in touch with substance abuse experts and counselors who will help you with any problems you may be experiencing and who can help place your situation in the best light to the court. He can also assist you with any driver license sanctions and driver license restoration. Jeff knows that his clients trust him to help them in making the right choices. He takes this bond of trust very seriously. For a free consultation give him a call today at (248) 865-9640 or fill out the Free Case Evaluation form below.

MICHIGAN DRUNK DRIVING PENALTIES
*"Super drunk" (.17 BAC or higher)*
Misdemeanor Up to 180 days in jail $200 to $700 fine Mandatory alcohol treatment for one year One year license suspension; eligible for restricted after 45 day suspension if blood alcohol ignition interlock device installed in vehicle. Six points on driving record Court may immobilize vehicle up to 180 days
Operating While Intoxicated	Operating While Visibly Impaired
Misdemeanor Up to 93 days in jail $100 to $500 fine Up to 360 hours of community service 30 Day license suspension and 150 day license restriction Six points on driving record Court may immobilize vehicle up to 180 days	Misdemeanor Up to 93 days in jail $300 fine Up to 360 hours of community service 90 day license restriction Four points on driving record Court may immobilize vehicle up to 180 days
Operating While Intoxicated 2nd Offense	Operating While Visibly Impaired 2nd Offense
Misdemeanor Imprisonment for not less than 5 days or more than 1 year $200 to $1,000 fine 30 to 90 days of community service Minimum one year license revocation License plate confiscation 90-180 days of vehicle immobilization unless the vehicle is forfeited Court may order vehicle forfeited	Misdemeanor Imprisonment for not less than 5 days or more than 1 year $200 to $1,000 fine 30 to 90 days of community service Minimum one year license revocation License plate confiscation 90-180 days of vehicle immobilization unless the vehicle is forfeited Court may order vehicle forfeited
Operating While Intoxicated *3rd Offense*	Operating Visibly Impaired 3rd Offense
Felony Imprisonment from 30 days in jail up to 5 years in prison $500 to $5,000 fine 30 to 180 days of community service Up to a 5 year license revocation License plate confiscation 1 to 3 years of vehicle immobilization unless vehicle is forfeited Vehicle registration denial Court may order vehicle forfeited	Felony Imprisonment from 30 days in jail up to 5 years in prison $500 to $5,000 fine 30 to 180 days of community service Up to a 5 year license revocation License plate confiscation 1 to 3 years of vehicle immobilization unless vehicle is forfeited Vehicle registration denial Court may order vehicle forfeited
Zero Tolerance
Misdemeanor Up to $250 fine or up to 60 days community service, or both 30 days restricted license

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Jeffrey Buehner, PLLC publishes this web site solely for the purpose of conveying information regarding the nature of Jeffrey Buehner, PLLC's practice. No information contained in this web site should be construed as legal advice. Neither viewing this web site, nor transmitting any information via e-mail, establishes an attorney-client relationship. The establishment of an attorney-client relationship is solely within the discretion of Jeffrey Buehner and will only occur after the signing of a retainer agreement by
Jeffrey Buehner and the client expressly establishing an attorney-client relationship.

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DRUNK DRIVING DEFENSE

MICHIGAN DRUNK DRIVING PENALTIES

"Super drunk" (.17 BAC or higher)

Operating While Intoxicated

Operating While Visibly Impaired

Operating While Intoxicated 3rd Offense

Operating While Intoxicated
3rd Offense