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PETOSKEY CRIMINAL DEFENSE ATTORNEY

Petoskey DUI Attorney serving all of Northern Michigan

Have you been charged with OWI? 


If you are charged with a drunk driving offense here in Petoskey or northern Michigan, you want the best attorney on your side. These charges are very serious and can impact you, your family and your future.


If someone is either injured or worse you could be charged with vehicular manslaughter. It is important that you contact the Klawuhn Law Office today.

Under Michigan law, it is illegal to drive:

While intoxicated, or impaired, by alcohol, illegal drugs, and some prescribed medication

with a bodily alcohol content of 0.08 or more. (This crime is one of the driving while intoxicated offenses.)


With a bodily alcohol content of 0.17 or more. (This "High BAC" crime is one of the driving while intoxicated offenses.)


With any amount of cocaine or a Schedule 1 controlled substance in your body.


Additionally, if you are under age 21, it is also against the law to:


Drive with a bodily alcohol content of 0.02 or more, or with any presence of alcohol in your body except for that consumed at a generally recognized religious ceremony.
Buy, possess, or consume alcoholic beverages. You may transport alcohol in a vehicle only when accompanied by someone age 21 or older. If you are stopped by the police, with alcohol in your vehicle, and there is no adult with you, you can be charged with a misdemeanor, whether you are on the road or in a parking lot.


Causing Death or Serious Injury if Operating While Intoxicated, Operating While Visibly Impaired, Operating with Any Presence of Drugs, or Operating While License Suspended, Revoked or Denied (First Offense) These crimes are felonies.

Death -- Up to 15 years imprisonment, or a fine of $2,500 to $10,000, or both.
Injury -- Up to 5 years imprisonment, or a fine of $1,000 to $5,000, or both.
Emergency Responder Death -- Up to 20 years imprisonment, or a fine of $2,500 to $10,000, or both.
Driver's license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
License plate confiscation.
Vehicle immobilization for up to 180 days, unless the vehicle is forfeited.
Possible vehicle forfeiture.
6 points added to the offender's driving record.
Driver Responsibility Fee of $1,000.


Causing Death or Serious Injury if Operating While Intoxicated, Operating While Visibly Impaired, Operating with Any Presence of Drugs, or Operating While License Suspended, Revoked or Denied (Second Offense within 7 years) These crimes are felonies.

Death -- Up to 15 years imprisonment, or a fine of $2,500 to $10,000, or both.
Injury -- Up to 5 years imprisonment, or a fine of $1,000 to $5,000, or both.
Emergency Responder Death -- Up to 20 years imprisonment, or a fine of $2,500 to $10,000, or both.
Driver's license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
License plate confiscation.
Vehicle immobilization for up to 180 days, unless the vehicle is forfeited.
Possible vehicle forfeiture.
6 points added to the offender's driving record.
Driver Responsibility Fee of $1,000.


First Offense:


Operating While Intoxicated (OWI) or Operating With Any Presence of a Schedule 1 Drug or Cocaine (OWPD)

$100 to $500 fine and one or more of the following:
Up to 93 days in jail.
Up to 360 hours of community service.
Driver's license suspension for 30 days, followed by license restrictions for 150 days.
Possible vehicle immobilization.
Possible ignition interlock.
Six points added to driving record.
Driver Responsibility Fee:
$1,000 for OWI.
$500 for OWPD.


High Blood Alcohol Content (BAC of .17 or higher). This is one of the operating while intoxicated crimes, but it has harsher consequences.

One or more of the following:
Up to 180 days in jail.
$200 to $700 fine.
Up to 360 hours of community service.
Driver's license suspension for 1 year. Eligible for restrictions after 45 days of suspension if an ignition interlock device is installed on all vehicles the offender owns or intends to operate.
Possible metal license plate confiscation if the offender operates a vehicle without a properly installed ignition interlock device.
Mandatory vehicle immobilization if the offense is subsequently convicted for operating a vehicle without a properly installed ignition interlock device.
6 points added to the offender's driving record.
Driver Responsibility Fee of $1000.


Operating While Visibly Impaired

Up to a $300 fine, and one or more of the following:
Up to 93 days in jail.
Up to 360 hours of community service.
Driver's license restrictions for 90 days (180 days if impaired by a controlled substance).
Possible vehicle immobilization.
4 points added to the offender's driving record.
Driver Responsibility Fee of $500.


Second Offense within 7 Years (any combination)

Operating While Intoxicated

$200 to $1000 fine, and one or more of the following:
5 days to 1 year in jail.
30 to 90 days of community service
Driver's license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
License plate confiscation.
Vehicle immobilization for 90 to 180 days, unless the vehicle is forfeited.
Possible vehicle forfeiture.
6 points added to the offender's driving record.
Driver Responsibility Fee of $1,000.


Operating While Visibly Impaired

$200 to $1,000 fine, and one or more of the following:
5 days to 1 year in jail.
30 to 90 days of community service.
Driver's license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
License plate confiscation.
Vehicle immobilization for 90 to 180 days unless the vehicle is forfeited.
Possible vehicle forfeiture.
4 points added to the offender's driving record.
Driver Responsibility Fee of $500.


Third Offense Within Lifetime (any combination) is a Felony


Operating While Intoxicated

$500 to $5,000 fine, and either of the following:
1 to 5 years imprisonment
Probation, with 30 days to 1 year in jail.
60 to 180 days community service.
Driver's license revocation and denial if there are 2 convictions within 7 years or 3 convictions within 10 years. The minimum period of revocation and denial is 1 year (minimum of 5 years if there was a prior revocation within 7 years).
License plate confiscation.
Vehicle immobilization for 1 to 3 years, unless the vehicle is forfeited.
Possible vehicle forfeiture.
Vehicle registration denial.
6 points added to the offender's driving record.
Driver Responsibility Fee of $1,000.


Operating While Visibly Impaired

$500 to $5,000 fine, and either of the following:
1 to 5 years imprisonment
Probation, with 30 days to 1 year in jail.
60 to 180 days community service.
Driver's license revocation and denial if there are 2 convictions within 7 years or 3 convictions within 10 years. The minimum period of revocation and denial is 1 year (minimum of 5 years if there was a prior revocation within 7 years).
License plate confiscation.
Vehicle immobilization for 1 to 3 years, unless the vehicle is forfeited.
Possible vehicle forfeiture.
Vehicle registration denial.
4 points added to the offender's driving record.
Driver Responsibility Fee of $500.

ARRESTED FOR

DRUNK DRIVING?

CALL US!

231.347.4300

An experienced OWI lawyer can negotiate the charges with the hope that they will be reduced or dismissed. Bryan Klawuhn has decades of strong representation that can help you fight the charges and consequences set before you.

WHY YOU NEED US IN YOUR CORNER
  • First Time OWI
  • Multiple OWI
  • OWI and Drugs
  • OWI with Injury
  • Out of State OWI
  • Driver's License Restoration
  • Expungements
  • Leaving the Scene
  • Vehicular Manslaughter
LEARN MORE ABOUT DRUNK DRIVING OFFENSES IN PETOSKEY, MI

CALL US!

231.347.4300

LOSE YOUR LICENSE?

DRUNK DRIVING IN

NORTHERN MICHIGAN

DRIVER'S LICENSE RESTORATION ATTORNEY BRYAN KLAWUHN CAN HELP GET IT BACK FOR YOU!