Put the Best on Your Side Former Prosecutor & 25 Years of Trial Experience

OWI Defense Lawyer in Traverse City

Get the Drunk & Impaired Driving Defense in Michigan

A driving while intoxicated or OWI charge in Michigan can cost you your driver’s license, lead to jail time, and hefty fines. Michigan law considers drunk driving a very serious charge and harsh penalties are a result of this. In addition to the penalties you may be facing, you could receive points on your driving record for an OWI charge.

Attorney Patrick S. Fragel has the experience and determination to build a defense with the best possible outcome for your case. He takes the time necessary to evaluate the evidence brought against you and will investigate all details of you case.

OWI charges have devastating effects on your future. Contacting an OVI lawyer can help!

High BAC Charges in Michigan

In Michigan, there is a new operating while intoxicated offense, more commonly referred to as a High BAC offense. A high BAC charge applies to people convicted of operating a motor vehicle with a BAC level of 0.17 or higher. High BAC is a misdemeanor offense in Michigan.

High BAC carries the following penalties:

  • Up to 180 days in jail.
  • A maximum fine of $700.
  • Up to 360 hours of community service.
  • One year license suspension.

Michigan OWI and OWVI Charges and Penalties

The Secretary of State may issue a restricted license 45 days after the suspension starts if the person is otherwise eligible. Proof of installation of an ignition interlock device is required before a restricted license will be issued. A restricted license will permit the individual to operate a vehicle equipped with an ignition interlock.

Penalties for OWI 1st offense:

  • A $100 to $500 fine
  • Up to 93 days in jail
  • Up to 360 hours of community service.
  • Driver license suspension for 30 days, followed by restrictions for 150 days.
  • Possible vehicle immobilization.
  • Possible ignition interlock.
  • 6 points added to driver record.

Penalties for OWVI (Operating While Visibly Impaired), 1st offense:

  • 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 license restriction for 90 days (180 days if impaired by a controlled substance).
  • Possible vehicle immobilization.
  • 4 points on driver record.

Penalties for a OWI 2nd offense within 7 years:

  • A $200 to $1,000 fine.
  • 5 days to 1 year in jail.
  • Thirty to 90 days community service.
  • Driver license denial or revocation for a minimum of one year.
  • License plate confiscated.
  • Vehicle immobilization for 90 to 180 days unless vehicle is forfeited.
  • Possible vehicle forfeiture.
  • Six points on driver record.

Penalties for OWVI 2nd offense:

  • A $200 to $1,000 fine.
  • 5 days to 1 year in jail.
  • Thirty to 90 days community service.
  • Driver license denial or revocation for a minimum of one year.
  • License plate confiscation.
  • Vehicle immobilization for 90 to 180 days unless vehicle is forfeited.
  • Possible vehicle forfeiture.
  • 4 points on driver record.

Penalties for 3rd offense OWVI or OWI (both are felony convictions):

  • $500 to $5,000 fine, and either 1 to 5 years imprisonment or 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.

Operating while visibly impaired 3rd offense:

  • $500 to $5,000 fine, and either 1 to 5 years imprisonment or 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.

Are you facing OWI charges? Schedule an evaluation to see how a Traverse City OVI lawyer can help!

Common defenses to OWI charges

Contact Michigan OWI lawyer Patrick Fragel for a free case evaluation concerning the OWI charges you are facing. It is always best to speak with an experienced attorney before going to Court alone for your OWI defense. Although you are charged with drunk driving, there are many factors that could cause the charge to be reduced or dismissed.

  • The police had no reason to stop your vehicle
  • The Datamaster machine malfunctioned or gave an “error” reading
  • The Datamaster machine was not properly maintained
  • Your blood-alcohol level was “on the rise” when you took the breath test
  • If you were mentally alert, then the poor driving was not caused by alcohol
  • Police didn’t conduct a proper observation period before the Datamaster test
  • Mouth-alcohol led to a false high BAC result
  • The poor driving was not caused by intoxication
  • You were not driving when the police arrested you
  • Field sobriety tests (FSTs) don’t accurately measure impairment

OVI Defense Lawyer in Traverse City

Patrick S. Fragel is a former prosecutor. He welcomes questions concerning the arraignment hearing or any other aspect of your criminal case. His Michigan OWI practice includes Traverse City, Grand Rapids, Petoskey, Gaylord, Grayling, Cadillac, Manistee, Ludington, and the Upper Peninsula. You can rely on his knowledge of Michigan criminal law and the Michigan Court Rules to protect your rights and freedom.

If you are facing OWI charges in MI, consult a trusted Traverse City attorney for fierce defense!

Case Results

Fighting Aggressively for Our Clients
  • Felony Drug Charges Case Dismissed
  • 3rd Degree CSC Case Dismissed
  • Breaking and Entering Not Guilty
  • Confession Suppressed Not Guilty
  • Drunk Driving 2nd Full Acquittal
  • Drunk Driving 3rd Case Dismissed
  • 1st Degree CSC Not Guilty
/

Why Patrick S. Fragel, Attorney at Law, P.C. is the Right Choice

  • Work One-on-One with the Attorney
  • Former Prosecutor
  • 25 Years of Trial Experience
  • Honest Appraisal of Your Case - "No Surprises"
  • US Army Veteran
  • Flat Rates & Payment Plans