BLOOMFIELD HILLS, MI - Individuals charged with Operating While Intoxicated in Oakland County face criminal penalties that can include jail time, license suspension, and a permanent record under Michigan law. Oakland County OWI defense attorney Paul J. Tafelski of Michigan Defense Law (https://www.michigandefenselaw.com/mi-owi-dui-lawyer/) is providing guidance on the legal framework surrounding OWI charges, the penalties involved, and the defense strategies available to those facing these accusations in one of Michigan's most active jurisdictions for impaired driving enforcement.
According to Oakland County OWI defense attorney Paul J. Tafelski, Michigan uses the term Operating While Intoxicated rather than the more common Driving Under the Influence used in other states. Under Michigan Compiled Laws Section 257.625, operating a motor vehicle while intoxicated by alcohol, drugs, or a combination of both is illegal, with a blood alcohol content threshold of .08 percent for drivers aged 21 and older. "Oakland County processes over 3,600 breath and blood tests for alcohol each year, making it one of the most active jurisdictions in the state," explains Tafelski. "Understanding how local prosecutors build these cases is essential for anyone facing these charges."
Oakland County OWI defense attorney Paul J. Tafelski notes that the penalties for even a first-offense OWI are significant. A standard first offense carries up to 93 days in jail, fines between $100 and $500, a 180-day license suspension with restricted driving available after 30 days, and six points on the driving record. Michigan's Super Drunk law, which applies when a driver's blood alcohol content is .17 percent or higher, carries enhanced penalties including up to 180 days in jail and a one-year license suspension with mandatory installation of an Ignition Interlock Device.
Attorney Tafelski emphasizes that a second OWI within seven years results in five days to one year in jail, fines up to $1,000, and a minimum one-year license revocation. A third offense is charged as a felony carrying one to five years in state prison. "An OWI conviction in Michigan cannot currently be expunged, which means the conviction remains on a criminal record permanently and will appear on background checks for employment, housing, and professional licensing," he adds.
The firm highlights several defense strategies available to those facing OWI charges in Oakland County. These include challenging the legality of the traffic stop under the Fourth Amendment, questioning the calibration and maintenance of the Datamaster breath testing machine, and raising the rising blood alcohol content defense when there is a significant delay between the stop and the chemical test. Field sobriety tests may also be challenged based on medical conditions, road conditions, and the officer's administration of the tests.
Tafelski also advises that individuals who refused a chemical test after an OWI arrest face an automatic one-year license suspension under Michigan's implied consent law. "The most critical deadline in any implied consent case is 14 days," he points out. "Missing the deadline to request a hearing with the Driver Assessment and Appeal Division results in an automatic suspension with no opportunity to appeal."
Michigan Defense Law handles OWI cases at every stage throughout Oakland County, including the 48th District Court in Bloomfield Hills, the 52-1 District Court in Novi, the 52-3 District Court in Rochester Hills, the 43rd District Court in Ferndale, and the Oakland County Circuit Court in Pontiac. The firm also represents clients in Wayne County, Macomb County, and Washtenaw County.
For those facing OWI charges in Oakland County, consulting with an experienced defense attorney may help protect driving privileges and minimize the long-term consequences of a conviction.
About Michigan Defense Law:
Michigan Defense Law is a Bloomfield Hills-based law firm dedicated to criminal defense with a focus on OWI and impaired driving cases. Led by attorney Paul J. Tafelski, who has over 20 years of experience and has been recognized by Super Lawyers and as a Leading Lawyer, the firm represents clients throughout Oakland County and the surrounding communities. For consultations, call (248) 451-2200.
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Email: paul@michigandefenselaw.com
Website: https://www.michigandefenselaw.com/
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Company Name: Michigan Defense Law
Contact Person: Paul J. Tafelski
Email: Send Email
Phone: (248) 451-2200
Address:2525 S Telegraph Rd suite 100
City: Bloomfield Hills
State: Michigan 48302
Country: United States
Website: https://www.michigandefenselaw.com/
