Michigan DUI Defense Attorneys

Our Michigan DUI Defense Attorneys Understand How Much is at Stake

Have you been charged with driving under the influence (DUI) of alcohol in Michigan? If you are convicted, you could be fined thousands of dollars, lose your driver’s license, and even face jail time in certain cases. That’s why you need to take your DUI charge seriously right from the start. That’s why you need Michigan DUI lawyers Manley & Manley on your side, fighting for your rights.

Located in Flint, MI, our attorneys have a proven track record of success statewide. In case after case, they have consistently helped people charged with DUI get their lives back on track. Our experienced legal team works tirelessly to protect the legal rights of those charged with a DUI in Grand Blanc, Flushing, Fenton, Davison, and throughout Genesee County. Our practice also includes extensive representation in Lapeer, Tuscola, Saginaw, Livingston, Shiawassee, and Northern Oakland Counties.

People trust Manley & Manley because they know we will work tirelessly on their case. If you have been charged with operating while intoxicated (OWI) in Michigan, you want one of our attorneys standing by your side. Discover the difference we can make in your life today.

Important Issues Related to Your DUI/OWI Charge in Michigan

The impact of an OWI conviction can dramatically change your life. Along with being fined and losing your driver’s license, you could even lose your job or face other serious consequences. When so much is at stake, it’s important to understand Michigan’s drunk driving laws and other legal issues surrounding drunk driving. Learn more about drunk driving charges by clicking on the links below:

You can also learn more about driving under the influence of alcohol in Michigan on the following website pages that are devoted to different topics related to DUI in Michigan:

Whatever legal issue you’re facing due to your DUI charge in Michigan, you can find the answer here or by contacting our firm. We want to meet with you and develop a strategy that addresses your specific legal needs.

Clearing Your Name: DUI Expungement

Our firm can also help you apply for expungement of a DUI conviction. A 2021 Michigan law allows drivers who have a single conviction for certain DUI offenses to petition to have that conviction expunged – meaning the conviction is set aside and only a non-public record of the case is maintained by the Court.

In order to get an expungement, you need to wait 5 years from the imposition of the sentence, completion of probation, or completion of any term of imprisonment (whichever comes last). Your application for expungement will be reviewed by a judge, who will determine whether your behavior since the time of conviction justifies clearing your record. Our attorneys can help you present a convincing case to the reviewing court for why your record should be cleared. As is the case with many legal processes, this process can take a considerable amount of time. Delays may happen if you do not fill out the proper forms, if you supply the wrong information, or if you turn your forms in without the proper supporting documentation.

Even though this process is less intimidating than your initial visit with a judge for your DUI charge, the time commitment and attention to detail are great reasons to get in touch with Manley & Manley. Working with DUI attorneys who understand the expungement process can lessen the burden you are expected to carry and ensure that all of the right documentation and properly completed forms are given to the court system.

Why Should I Hire DUI Defense Lawyers Manley & Manley?

Attorney Frank J. Manley has been recognized us an elite AV level attorney. He has also been among the Nation’s Top One Percent by the National Association of Distinguished Counsel. In addition, he has been listed among the Top 10 Criminal Defense Lawyers in Michigan, the Top 100 OWI Attorneys in the State of Michigan, and the Top 100 Trial Lawyers by the National Trial Lawyers Association. In his decades of practice, he has handled some of Michigan’s most notorious criminal cases.

Attorney Michael P. Manley is one of very few Board-Certified Criminal Trial Experts in Central Michigan. He graduated at the top of his class at the prestigious University of Detroit School of Law. Having handled some of the most high-profile criminal defense cases in the state, he has been featured on national news programs like “Dateline,” “20/20” and “The Today Show.”

National notoriety is not what matters to us. Both natives of Flint, Frank and Michael Manley, quite simply want to provide people throughout Michigan with exceptional legal representation. We truly believe that anyone who has been charged with DUI deserves a top-notch attorney who knows how to win complicated cases.

Even if you think your OWI case seems hopeless, you might not realize all the legal options available to you. The attorneys at Manley & Manley know the law and know how to win cases. Case results truly matter – and so do you! Call now. 810-374-0240

Frequently Asked Questions About DUI Charges

What is the Difference Between DUI and OWI?

DUI (driving under the influence) and OWI (operating while intoxicated) refer to the same thing – being charged with drunk driving. The main difference is that OWI is the official term used by the State of Michigan for drunk driving offenses. Either way, DUI and OWI offenses are serious legal matters that demand exceptional legal representation. You may find that people use these two terms interchangeably when speaking about drinking and driving or drunk driving.

What is the Legal Limit for Drinking and Driving in Michigan?

In Michigan, it is against the law for adults who are 21 and older to drive if their blood alcohol concentration (BAC) is at or above 0.08 percent. The limit is .02 percent if you are under 21. A person’s BAC varies according to their weight, gender, and other factors, including when they consume alcohol and what they eat. You could also be convicted of operating while impaired if your BAC is over .02 but under .08 if the alcohol-impaired your ability to operate the motor vehicle. This potential means that if your BAC is under .08 but you do not appear to have full control of your vehicle or you are driving erratically, you could still face an OWI charge.

Can I Refuse to Take a Field Sobriety Test in Michigan?

Yes. You are completely within your rights to refuse to take field sobriety tests in Michigan. Field sobriety tests are completely voluntary. It’s also important to realize that the results from your field sobriety tests can be used against you if you have been charged with drunk driving. Common field sobriety tests include Horizontal Gaze Nystagmus (HGN), One Leg Stand (OLS), and Walk and Turn (WAT).

Can I Refuse to Take a Breath Test if I’m Stopped for Drunk Driving?

Yes. However, it’s important to understand the consequences of your actions. The rules for the breath test in Michigan are much different than the ones for field sobriety tests. You can read more about them in the section entitled “Breath Tests and Breathalyzers.” In general, if a police officer stops you under the suspicion of drunk driving, you are required to take a breath test – or blood or urine test – to determine if your BAC is above the legal limit. When you register your vehicle and get your driver’s license, you are agreeing to something called the Michigan vehicle code, a sort of social agreement you enter that includes following officer orders when asked to take a BAC test. Refusal to take a chemical breath test in Michigan will result in your driver’s license being automatically suspended for one year or more. After you refuse to take a breath test, you have 14 days to appeal the automatic suspension of your driving privilege. You may also have other legal options depending on the details of your case.

Should I Plead Guilty if I’m Charged With DUI/OWI in Michigan?

No. Trust us, you do not want an OWI on your criminal record. Before you make any plea regarding your guilt or innocence, contact a DUI attorney like the attorneys at Manley & Manley. They can explain all the legal options available to you. Remember, the consequences of an OWI conviction in Michigan can be very severe. You can also read more about this topic on the page entitled “Should I plead guilty to DUI?”

You may feel inclined to apologize, admit guilt to the officer, or plead guilty when dealing with an OWI situation. If you feel like you are suspected of driving while intoxicated, it is best to invoke your right to remain silent. Cooperate with the police and other officials at the police station, but keep your answers on topic and never admit to anything without speaking to an attorney first. Police and prosecutors use tactics to get people to admit guilt, such as promises of leniency, plea agreements, and giving the “friend” treatment.

Protect yourself; contact Manley & Manley, and avoid being convicted of a drunk driving offense.

Can I Lose My Driver’s License if I’m Convicted of Drunk Driving?

Yes. Losing your driver’s license is a very real possibility if you are convicted of an OWI charge in Michigan. Depending on several factors – including your BAC, whether this was your first or subsequent DUI offense, etc. – you could lose your driving privilege for 30 days to 5 years.

The impact is more severe for drivers who rely on a commercial driver’s license (CDL). In Michigan, if you receive an OWI conviction, your CDL will be suspended for one year, even if this is only your first conviction. A second or third conviction can see your CDL revoked for at least ten years. If you don’t hold a CDL but plan on testing for one, you will be unable to acquire a CDL if you have had an OWI conviction within the last two years. An OWI can literally impede your ability to make a living.

Can I Appeal My DUI Conviction in Michigan? How?

Yes. However, appealing a DUI conviction can be very difficult. A Michigan OWI appeal is not a retrial of your case. Convincing an appellate judge to review your OWI conviction can be hard, and you only have a limited time to appeal your case. Other restrictions may also apply. That’s why it’s important to contact attorney Manley as soon as possible to discuss your possible Michigan DUI appeal.

The appeals process is a strenuous legal procedure that usually challenges the court’s decision based on one or more claims against the court and your DUI case. The first step is determining if your case is eligible for an appeal. The appeal itself is not a retrial. Instead, it is a review of the legal procedures and decisions made during your original trial. Eligibility tends to rely on whether or not there were errors in the application of the law, procedural mistakes, or violations of your constitutional rights. Our attorneys will help you through the process of seeing if you are eligible.

Once our lawyers have determined there are grounds for an appeal, we will file a notice of appeal. This appeal is where the time crunch is, as you typically only have about 42 days to file this notice. Missing the deadline may result in your losing the chance to appeal. This is the official start of the appellate process.

Our attorneys will spend time compiling the trial record for review. This record is a list of all the documents and evidence that was presented during your original trial. Things like transcripts, witness testimonies, and exhibits will be studied and compiled, giving you and your attorney a chance to see the court proceedings as a whole and look for violations of your rights.

Working with your DUI lawyers, you will craft and submit the appellate brief. The entire appeal process hinges on an appellate brief. This document presents your arguments as to why the court’s decision should be modified or even thrown out. Once the appellate brief is turned in, the appellee, or the opposing party, has the chance to respond with their own brief, defending the court’s original decision.

The appellate court will decide if there are enough errors or issues to warrant a change in the trial’s outcome. If they decide that there is enough evidence, they will usually remand the case to a lower court, where one of a few outcomes may occur.

Either you will receive a new trial, in which your case starts over and you are once again allowed to defend yourself, or you will garner a more favorable penalty. You will also be able to re-enter plea bargaining negotiations with the prosecutor.

This process is exhausting, and messing up at any point can spell disaster, even before applying for an appeal. Manley & Manley is here to work with you to achieve the best possible outcome!

What is an Ignition Interlock Device (IID)?

If you are convicted of an OWI, the court may mandate that you have an ignition interlock device installed on your vehicle. An IID is a form of mandatory vehicle immobilization. These devices are installed in your vehicle’s ignition system and prevent your vehicle from starting until a negative BAC test is blown into the IID. This device operates much like an officer’s breathalyzer test and measures your BAC through your exhalation.

You may be required to have an IID installed in your vehicle, pay for this installation out of your own pocket, and pay the monthly rental and maintenance fees.

These devices have various features that render them temper-proof. If the technician who examines your device, a monthly occurrence, notices any signs of tampering, they will inform the courts, and you may find yourself in legal jeopardy. Other measures, such as tamper-proof seals, are also taken to prevent tampering.

If you have someone else, perhaps a friend or child, blow into your IID in order to circumnavigate the IID and start your device, you could face severe penalties.

Once you have satisfactorily completed the court’s conditions, you are on your way to getting your life back on track.

Do I Need to Hire an OWI Attorney in Michigan?

You absolutely should, as the laws concerning OWI in Michigan can be very confusing. And you often only get one shot in court to get your charges dismissed or your penalty reduced. You have too much at stake to try to handle your DUI charge on your own. Having an OWI on your criminal record can impact your life in ways you may not immediately be aware of. Make sure you give your case the attention it rightfully deserves. Contact the legal defense attorneys at Manley & Manley right now.

BAC Drink Calculator

Blood alcohol concentration (BAC) refers to the amount of alcohol in your blood system. Your BAC can be very different from someone else who consumed the exact same amount of alcohol. That’s because several different factors determine a person’s BAC. These factors include:

Weight * – Someone who weighs more generally will have a lower BAC than you. A heavier individual’s body can absorb more alcohol than someone who weighs less. A man who weighs 200 pounds and drinks four 12-ounce beers in one hour might have a BAC of 0.067, which is under the legal limit in Michigan. However, a man who weighs 150 pounds and drinks the same amount might have a BAC of 0.094, which is above the legal limit in Michigan.
Gender * – In general, studies have found that men can absorb alcohol faster than women. As a result, women who weigh the same as men and drink the same amount will often have a higher BAC reading. In the case of a 200-pound woman drinking four 12-ounce beers like the man listed above, her BAC might be 0.086, which is above the legal limit.
Drinking time * – The longer your body has to absorb the alcohol in your body, the lower your BAC. In the case of the 150-pound man who drank four 12-once beers, his BAC might be 0.079, which is below the legal limit, if he spent two hours drinking instead of one hour.
Alcohol strength * – Not surprisingly, the higher the alcohol concentration in your drink, the higher your BAC. Even among beers, some are much stronger than others. As a result, four India Pale Ale (IPA) beers would likely produce a BAC of 0.127, which is above the legal limit, if a 150-pound man drank four IPAs in two hours.
Food in the stomach * – Drinking on an empty stomach can result in alcohol entering your bloodstream faster. This condition means that if you drink alcohol without eating and then drive home, your blood alcohol level could reach illegal levels before you know it.
Tolerance * – Everyone knows the guy who believes they have a higher tolerance to the effects of alcohol. The fact of the matter is tolerances do not impact your BAC. Meaning that even if you do not feel drunk, you can still blow over the legal limit and be arrested for drunk driving.

Our BAC calculator is for informational purposes only. It should not be used to officially determine your BAC. The safest move is not to drink and drive.

If you were arrested and believe your BAC reading was wrong, or you have any doubts about the results of your DUI arrest, contact Manley & Manley immediately. Call 810-374-0240.

* These are hypothetical examples and should not be used to gauge whether you are legally able to drive. There are many other factors that can affect BAC.

How Do Cops Determine if You Have Been Driving Under the Influence?

There are many ways an OWI stop can start. Perhaps you are on your way home late one night and get into an accident. Or maybe you happen to glance into your rear-view mirror and see those flashing blue and red lights, and you make your way to the side of the road. Either way, an OWI stop will involve a few steps that may or may not lead to an arrest.

The Stop

The first step in an OWI charge is when the officers stop you while you are operating your vehicle, either from a traffic stop or an accident. The law enforcement official will use a few techniques to determine if you are under the influence. They will observe your speech patterns and mannerisms to see if you are slurring your speech or acting erratically. This technique is why immediately invoking your right to remain silent is important: the officer will try to get you to slip up so they can claim reasonable suspicion.

Be polite, answer their questions, and follow their instructions. You do not have to answer questions like where you are coming from, where you’re heading, and what you are up to. Give them your information, your driver’s license, and any other documents the police ask for.

Field Sobriety Test

If the police determine you may be driving while under the influence, they may ask you to exit your vehicle. Do not argue with the officer, and do not try to defend your innocence; now is not the time. Exit your vehicle and prepare to follow their instructions.

The officers will likely administer a field sobriety test, a series of exercises to test your coordination and other facilities. These tests may include the one-leg stand, used to test your balance, and horizontal gaze nystagmus, which has the officer examine whether you are able to hold your eyes steady and walk and turn, which can test your balance and cognition. These tests will help the officer determine if there is probable cause to move to the next step.

BAC Test

The most common BAC test officers use while at the site of an OWI stop is a preliminary breath test. A breathalyzer is a machine the officer will have you blow into in order to test the alcohol in your exhalation. This machine is a fairly accurate way to test your blood alcohol content.

The Arrest

If the officers conclude that they have enough evidence that proves you are operating while intoxicated, they will place you under arrest and read you your Miranda rights. You will be informed of your criminal charges. You will be placed in a police cruiser and brought to the police station, where you will be booked. Booking includes taking down your information, recording your fingerprints, taking your photo, and administering a chemical test, such as a blood draw for a blood test or urine sample for a urinalysis, which can be used to further prove that you are over the legal limit of operation.

This entire booking process can be humiliating and demeaning, but it is in your best interest to follow the instructions you are given, even if you believe you are in the right. You will not change the officer’s mind during the booking process, but you could damage your drunk driving case when you go to trial.

What’s Next?

What happens after an arrest and booking depends on you, your driving record, your prior drunk driving cases, if there are any, and your attorney. By working with experienced DUI attorneys, you can increase your odds of a desirable outcome, from lessened penalties to dropped charges. Manley & Manley is a widely respected law firm with over 100 years of combined experience.

Don’t leave your future to chance; call Manley & Manley today!

What Are Common Defenses Used in OWI Cases?

There are a few common defenses criminal defense attorneys may employ when it comes to getting OWI charges reduced or even dropped. These defenses usually concentrate on probable cause and your constitutional rights but may also focus on the procedure that officials are expected to follow.

Something as simple as your Miranda rights not being read to you at the time of arrest can result in your charges being dismissed. Your attorney will ensure that the procedure was properly followed, including things like your breathalyzer test or another BAC testing method.

Police must have probable cause to arrest someone in OWI cases. Our criminal justice system protects people from unwarranted traffic stops and charges, so if there was no reasonable probable cause to stop you, you could face lesser penalties.

Manley & Manley’s Michigan DUI defense lawyers will employ the most effective methods when building your criminal defense. Avoiding guilty verdicts and DUI convictions is something our legal defenses are well-versed in.