Michigan OWI Defense Lawyer | Experienced DUI Attorney

Q: Can I get my DUI charges dismissed?

Yes, dismissal is possible if: the traffic stop was illegal (no reasonable suspicion), critical evidence was improperly obtained, the breathalyzer or blood test was administered incorrectly, the prosecution cannot prove you were operating the vehicle, or your constitutional rights were violated. We've successfully gotten DUI charges dismissed for our clients. Every case is different, but we thoroughly investigate to find grounds for dismissal.

Q: Will I go to jail for a first-time DUI?

For a standard first offense OWI, jail is possible (up to 93 days) but not mandatory. Many first-time offenders avoid jail through: negotiated plea agreements (reduction to OWVI or reckless driving), completion of alcohol treatment programs, community service alternatives, and probation with strict compliance. However, jail becomes more likely if: your BAC was very high (super drunk .17%+), you caused an accident or injury, you have prior alcohol-related driving incidents, or you were driving recklessly or with children in the car. An experienced attorney can improve your chances of avoiding jail.

Q: How long will I lose my license?

First Offense OWI: 30 days hard suspension, then 150 days restricted (can drive to/from work, school, medical appointments). First Offense Super Drunk: 1 year hard suspension, but you can apply for restricted license after 45 days with ignition interlock. Second Offense (within 7 years): Minimum 1 year revocation (eligible to petition for reinstatement after 1 year). Refusal to Take Implied Consent Breath or Blood Test: 1 year suspension (first refusal), 2 years (second refusal). Important: If you refused the post-arrest chemical test, you have only 14 days to request an administrative hearing to challenge this suspension. An experienced attorney can help you petition for a restricted license and represent you at administrative hearings.

Q: Can I refuse field sobriety tests?

Yes, you can refuse field sobriety tests (walking a line, standing on one leg, following a pen with your eyes). Unlike the breathalyzer, there is no automatic penalty for refusing these roadside tests. Reasons to refuse: they're designed for you to fail (70% of sober people fail), they're subjective and based on officer's opinion, medical conditions, age, weight, and shoes affect performance, and you're providing evidence against yourself. However: police can still arrest you if they have other evidence of impairment, and refusal can be mentioned at trial (though we can argue why you refused). In general, field sobriety tests rarely help you and often hurt your case.

Aggressive Defense for Drunk Driving Charges in West Michigan

If you are facing an OWI charge in Michigan (commonly known as DUI), you need an experienced defense attorney immediately. We defend clients facing all drunk driving charges in Michigan—from first-time offenses to repeat OWI and super drunk cases. With our experienced trial attorneys on your side, you'll have the aggressive defense you need to protect your freedom, your license, your record, and your future.

Free DUI Defense Consultation

Time is critical after a DUI arrest. Contact us now for a free consultation to discuss your case and defense options.

Get Free Consultation (616) 227-3303

Understanding Michigan OWI & DUI Charges

Michigan law prohibits operating a vehicle while intoxicated. In Michigan, drunk driving is technically called "OWI" (Operating While Intoxicated), though many people still refer to it as "DUI." What many people don't know is that there are different types of intoxicated driving charges in Michigan, each with different penalties and implications:

OWI (Operating While Intoxicated)

The most common drunk driving charge. You can be charged with OWI if your BAC (blood alcohol content) is .08% or higher, or if you're under the influence of alcohol, drugs, or any combination.

OWVI (Operating While Visibly Impaired)

A lesser charge than OWI, OWVI is often charged when your BAC is above .00% but below .08% and you show signs of impairment. This is often a negotiated plea from an OWI charge.

High BAC (Super Drunk)

If your BAC is .17% or higher, you face enhanced "super drunk" penalties including longer license suspension, mandatory alcohol monitoring, and increased fines.

OWPD (Operating While Presence of Drugs)

Driving with any amount of Schedule 1 drugs in your system, including marijuana. This charge applies even if you weren't impaired with limited exceptions for registered Michigan Medical Marijuana Program (MMMP) patients.

Second & Third Offense OWI

Repeat offenses carry mandatory jail time, vehicle forfeiture, felony charges (for third offense), and permanent driver's license revocation.

OWI Causing Injury or Death

If an accident results in serious injury or death, you face felony charges with prison time ranging from 5 years to 15 years or more.

Michigan DUI Penalties: What You're Facing

The consequences of a DUI conviction in Michigan are severe and long-lasting. Here's what's at stake:

First Offense OWI

Jail: Up to 93 days
Fines: Up to $500 (plus court costs often exceeding $1,000)
License Suspension: 30 days hard suspension, followed by 150 days restricted
Community Service: Up to 360 hours
Points: 6 points on your driving record
Criminal Record: Misdemeanor conviction that shows on background checks
Probation: Typically 1-2 years with alcohol testing and reporting requirements

Second Offense OWI (within 7 years)

Jail: 5 days to 1 year (jail time is mandatory, but may be suspended if you complete a treatment court program such as sobriety court or drug court)
Fines: $200 to $1,000 (plus costs)
License Revocation: Minimum 1 year, possibly up to 5 years
Vehicle Immobilization or Forfeiture: 90-180 days or permanent seizure
Ignition Interlock: Required for license restoration
Probation: Often includes substance abuse treatment, frequent testing

Super Drunk (High BAC .17%+)

Jail: Up to 180 days (double the standard first offense)
Fines: Up to $700
License Suspension: 1 year hard suspension (no restricted license)
Ignition Interlock: Required for restricted license after 45 days
Alcohol Monitoring: Court-ordered sobriety monitoring device

Beyond the Legal Penalties

A DUI conviction affects your life in ways many people don't anticipate:

Employment: Criminal record can cost you current job or prevent future employment
Professional Licenses: Doctors, nurses, lawyers, teachers may face license suspension or revocation
Insurance: Auto insurance rates skyrocket, often doubling or tripling for 3-5 years
Security Clearances: Federal and state security clearances may be revoked
Immigration: Non-citizens face potential deportation or denial of citizenship
College Admissions: Criminal record affects applications and financial aid
Housing: Landlords routinely deny applicants with criminal records

The bottom line: A DUI conviction isn't just a fine and a slap on the wrist. It's a life-changing event that can cost you tens of thousands of dollars and impact your opportunities for years to come.

How We Defend DUI Charges

Every DUI case is different. We analyze every aspect of your arrest to identify weaknesses in the prosecution's case and build the strongest possible defense.

Challenging the Traffic Stop

Police need reasonable suspicion to pull you over. If the stop was unlawful, all evidence gathered afterward—including breathalyzer results—can be suppressed. We examine:

Did police have a legitimate reason to stop your vehicle?
Was the stop based on an anonymous tip or vague suspicion?
Did police exceed the scope of the initial stop?
Were there any constitutional violations during the stop?

Questioning Field Sobriety Tests

Field sobriety tests are notoriously unreliable and subjective. We challenge:

Improper Administration: Were the tests administered according to NHTSA standardized procedures?
Physical Conditions: Medical conditions, injuries, age, weight, and footwear affect test performance
Environmental Factors: Uneven pavement, poor lighting, weather conditions, distracting traffic
Officer Training: Was the officer properly certified to administer these tests?

Attacking Breathalyzer Results

Breathalyzer machines are not infallible. We investigate:

Machine Calibration: Was the device properly maintained and calibrated?
Operator Error: Did the officer follow proper protocols?
15-Minute Observation Period: Michigan law requires officers to observe you continuously for 15 minutes before administering the breath test to ensure you don't burp, vomit, or put anything in your mouth. If this wasn't done, the test results may be inadmissible.
Mouth Alcohol: Could residual mouth alcohol (from dental work, GERD, etc.) have caused a false reading?
Radio Frequency Interference: Can we demonstrate equipment malfunction?
Medical Conditions: Diabetes, ketosis, or other conditions that can cause false positives

Challenging Blood Test Results

Blood tests are considered more accurate than breath tests, but they're still challengeable:

Chain of Custody: Can the prosecution prove your blood wasn't contaminated or mixed up?
Improper Draw: Was the blood drawn by a qualified person using proper procedures?
Storage and Preservation: Was the blood stored properly? Fermentation can increase BAC over time
Lack of Consent: If you didn't consent, was a warrant properly obtained?

Proving You Weren't Driving

In some cases, police didn't actually see you driving. If you were:

Sleeping in a parked car
Sitting in a parking lot with the engine off
Found after an accident with no witnesses

The prosecution must prove beyond a reasonable doubt that you were operating the vehicle while intoxicated. If they can't, we push for dismissal.

Necessity Defense

In rare cases, driving while impaired may be justified:

Medical emergency (you or passenger)
Fleeing imminent danger
No reasonable alternative was available

Negotiating Reduced Charges

When trial isn't the best option, we negotiate aggressively for reduced charges:

OWI to OWVI: Lesser charge with reduced penalties and shorter license suspension (90 days vs 180 days, $300 max fine vs $500)
OWI to Reckless Driving: Non-alcohol related charge (no DUI on record, no mandatory license suspension)
Reduced Jail Time: House arrest, work release, or community service alternatives

What to Do After a DUI Arrest in Michigan

The actions you take in the hours and days after your arrest can significantly impact your case. Here's what you need to know:

Contact an Attorney Immediately

Don't wait. Evidence disappears, witnesses' memories fade, and deadlines approach quickly. The sooner we start building your defense, the better your chances of a favorable outcome. Call (616) 227-3303 now for a free consultation.

Don't Talk to Police Without a Lawyer

You have the right to remain silent. Use it. Anything you say can and will be used against you. Police are trained to get you to incriminate yourself. Be polite, provide your license and registration, but do not answer questions about drinking, where you were, or where you're going without an attorney present.

Act Quickly on License Issues

If you refused chemical testing, you have only 14 days from your arrest to request an administrative hearing to challenge the automatic one-year license suspension. This is a separate process from your criminal case.

Missing this deadline means you lose your license for a full year—even if you're found not guilty of the criminal charge. An attorney can help you request this hearing and protect your driving privileges.

Time is critical. Call (616) 227-3303 now to discuss your options.

Don't Post on Social Media

Prosecutors and police check social media. Do not post about your arrest, do not make jokes about it, do not post photos from that night. Anything you post can be used as evidence against you.

Why Choose Sorin & Pyle for Your DUI Defense

When you're facing DUI charges, you need more than just a lawyer—you need aggressive trial attorneys who know Michigan DUI law inside and out and aren't afraid to fight for you in court.

⚖️ Former Public Defender Experience

Attorneys Sorin Panainte and Jonathan Pyle served as public defenders, handling hundreds of DUI cases and gaining insider knowledge of how prosecutors build their cases. This experience gives us a strategic advantage in identifying weaknesses in the prosecution's evidence.

🏛️ Trial Lawyers, Not Plea Lawyers

We're not afraid to take your case to trial. While many attorneys pressure clients to plead guilty quickly, we thoroughly investigate every case and fight for dismissal or acquittal when appropriate. We've successfully defended clients at trial, achieving not guilty verdicts and case dismissals.

📍 Local Court Knowledge

We appear regularly in Ottawa County, Allegan County, Kent County, and West Michigan courts. We know the local prosecutors, judges, and court procedures. This familiarity helps us navigate your case more effectively and anticipate how different courts will handle your charges.

🚫 Judgment-Free Representation

WE GIVE A [EXPLETIVE]! We don't judge you. We understand that good people make mistakes, that mental health and substance abuse issues are real, and that everyone deserves the best defense. Your fight is our fight.

🎯 Aggressive License Defense

We fight to save your driver's license. For most people, losing your license means losing your job, your ability to care for family, and your independence. We can represent you at administrative hearings and pursue restricted driving privileges so you can keep working.

💰 Payment Plans Available

Legal fees shouldn't prevent you from getting the defense you deserve. We offer payment plans for qualified clients. Call us to discuss options that fit your budget.

Common DUI Defense Questions

What's the difference between the roadside breath test and the chemical test after arrest?

Michigan has two different breath tests with very different consequences:

Roadside Preliminary Breath Test (PBT):

Administered before arrest at the traffic stop
Refusing is a civil infraction ($150 fine) but NOT a crime
Does NOT trigger automatic license suspension
Results generally not admissible at trial (only used to establish probable cause for arrest)

Post-Arrest Chemical Test (Implied Consent):

Administered after arrest (breathalyzer or blood draw)
Refusing triggers automatic 1-year license suspension (2 years for second refusal)
You have only 14 days to request a hearing to challenge the suspension
Refusal can be used as evidence of guilt at trial

Bottom line: You can refuse the roadside PBT with minimal consequences. Refusing the post-arrest chemical test has serious license consequences—but having no BAC number can sometimes make it harder for prosecutors to prove their case. Contact us immediately after your arrest to discuss your specific situation.

Can I get my DUI charges dismissed?

Yes, dismissal is possible if:

The traffic stop was illegal (no reasonable suspicion)
Critical evidence was improperly obtained
The breathalyzer or blood test was administered incorrectly
The prosecution cannot prove you were operating the vehicle
Your constitutional rights were violated

We've successfully gotten DUI charges dismissed for our clients. Every case is different, but we thoroughly investigate to find grounds for dismissal.

Will I go to jail for a first-time DUI?

For a standard first offense OWI, jail is possible (up to 93 days) but not mandatory. Many first-time offenders avoid jail through:

Negotiated plea agreements (reduction to OWVI or reckless driving)
Completion of alcohol treatment programs
Community service alternatives
Probation with strict compliance

However, jail becomes more likely if:

Your BAC was very high (super drunk .17%+)
You caused an accident or injury
You have prior alcohol-related driving incidents
You were driving recklessly or with children in the car

An experienced attorney can improve your chances of avoiding jail. Contact us for a free case evaluation.

How long will I lose my license?

First Offense OWI: 30 days hard suspension, then 150 days restricted (can drive to/from work, school, medical appointments)

First Offense Super Drunk: 1 year hard suspension, but you can apply for restricted license after 45 days with ignition interlock

Second Offense (within 7 years): Minimum 1 year revocation (eligible to petition for reinstatement after 1 year)

Refusal to Take Implied Consent Breath or Blood Test: 1 year suspension (first refusal), 2 years (second refusal). Important: If you refused the post-arrest chemical test, you have only 14 days to request an administrative hearing to challenge this suspension.

An experienced attorney can help you petition for a restricted license and represent you at administrative hearings. Contact us to discuss your options.

Can my OWI charges be reduced or expunged?

Reduced charges: Yes, sometimes possible through negotiation.

We frequently negotiate OWI charges down to lesser offenses:

OWI to OWVI (Operating While Visibly Impaired): Lesser charge with significantly reduced penalties (90-day license restriction vs 180 days, $300 max fine vs $500, 4 points vs 6 points)
OWI to Reckless Driving: Non-alcohol traffic offense (no DUI on record, no mandatory license suspension)

Expungement: Yes, but with limitations.

Michigan law now allows you to expunge (set aside) a first offense OWI conviction, but only if:

It's been 5 years since you completed your sentence
It's your only OWI conviction
You haven't been convicted of any other traffic offenses during those 5 years

Even with expungement, the conviction still counts as a prior offense for future DUI purposes.

Can I refuse field sobriety tests?

Yes, you can refuse field sobriety tests (walking a line, standing on one leg, following a pen with your eyes). Unlike the breathalyzer, there is no automatic penalty for refusing these roadside tests.

Reasons to refuse:

They're designed for you to fail (70% of sober people fail)
They're subjective and based on officer's opinion
Medical conditions, age, weight, and shoes affect performance
You're providing evidence against yourself

However:

Police can still arrest you if they have other evidence of impairment
Refusal can be mentioned at trial (though we can argue why you refused)

In general, field sobriety tests rarely help you and often hurt your case. But every situation is different.

What counties do you serve?

We defend DUI cases throughout West Michigan including Ottawa, Kent, Allegan, Kalamazoo, Muskegon, Van Buren, and Newaygo counties. Our primary service areas include Holland, Grand Rapids, Grand Haven, Zeeland, Hudsonville, Kalamazoo, and Muskegon.

Common Mistakes That Hurt Your DUI Defense

We see clients make the same costly mistakes over and over. Don't let this be you:

❌ Waiting Too Long to Hire a Lawyer

You have only 14 days to request a license hearing if you are given an implied consent violation. Evidence disappears. Witnesses forget. The sooner we start, the better your outcome. Call us TODAY for a free consultation.

❌ Talking to Police Without an Attorney

"I only had one drink" or "I only had two beers" are the most common statements and can lead to convictions. Police aren't your friends. They're gathering evidence against you. Exercise your right to remain silent and call a lawyer immediately.

❌ Pleading Guilty Without Fighting

Just because you were arrested doesn't mean you're guilty. Just because you failed a breathalyzer doesn't mean the case is hopeless. We've won cases where clients thought they had no chance. Never plead guilty without consulting an experienced DUI attorney first.

❌ Hiring the Cheapest Lawyer

You get what you pay for. A lawyer who handles DUI cases occasionally isn't the same as one who defends DUI charges every week. This is your future, your job, your license, your freedom. Invest in experienced DUI defense.

❌ Posting on Social Media

Prosecutors check Facebook, Instagram, Twitter. That joke you made about getting arrested? That photo from the bar that night? That complaint about your attorney? All admissible evidence against you. Stay off social media until your case is closed.

❌ Missing Court Dates or Ignoring the Charges

Failing to appear in court results in a bench warrant for your arrest and additional charges. Ignoring the problem makes everything worse. Face it head-on with an attorney by your side.

Don't Face DUI Charges Alone

A DUI arrest is serious, but it's not the end. With aggressive defense from experienced trial lawyers, you can fight back. We've successfully defended hundreds of DUI cases in West Michigan. Let us fight for you.

Free consultation. Payment plans available.

Get Your Free DUI Defense Consultation (616) 227-3303