Protecting Your Rights: What to Do If You're Charged with an OWI/DUI in Michigan

January 10, 2025

Protecting Your Rights: What to Do If You're Charged with an OWI/DUI in Michigan

Facing an OWI (Operating While Intoxicated) or DUI (Driving Under the Influence) charge in Michigan can be an overwhelming and stressful experience. Please note, this blog is intended for informational purposes only and does not constitute legal advice. Whether it’s your first offense or you’ve dealt with this before, the consequences can be serious, affecting your personal life, career, and finances. Understanding what steps to take immediately after being charged can make a significant difference in your case.


At Coppins Law Group, we specialize in defending individuals facing OWI and DUI charges in Michigan, particularly in Macomb, Sterling Heights, and surrounding areas. In this blog, we’ll guide you through the critical steps to protect your rights and how an experienced Michigan DUI attorney can help mitigate the impact of these charges on your life.


Understanding OWI/DUI Charges in Michigan

In Michigan, drunk driving laws are strict, and the penalties for an OWI/DUI conviction are severe. The legal blood alcohol concentration (BAC) limit is 0.08% for drivers aged 21 and over, and 0.02% for drivers under 21. For commercial drivers, the limit is 0.04%. Additionally, Michigan has an “operating while visibly impaired” (OWVI) charge, which doesn’t rely on a specific BAC level but rather visible evidence of impairment.


The charges and penalties increase significantly for “super drunk” offenses, where the driver’s BAC is 0.17% or higher. Understanding the nature of your charges is crucial because they determine the potential consequences and the defense strategy your OWI defense lawyer in Macomb will use.


Immediate Steps to Take After an OWI/DUI Charge

If you’ve been pulled over and charged with an OWI/DUI in Michigan, the steps you take in the moments and days following the incident can have a significant impact on your case. Here’s what you should do:


1. Stay Calm and Cooperate with Law Enforcement

Being pulled over for suspicion of drunk driving can be nerve-wracking. It’s important to stay calm and be respectful to the officer. You have the right to remain silent, but if asked for your license, registration, or proof of insurance, provide them without argument. Avoid saying anything incriminating, as your words can be used against you later.


2. Understand Your Rights

You have rights, even if you’re suspected of driving under the influence. These include:

  • The right to remain silent.
  • The right to refuse a preliminary breath test (PBT) at the roadside if you’re 21 or older. However, refusing this test may result in a civil infraction.
  • The right to request an attorney.


Keep in mind that refusing a chemical test (breath, blood, or urine) after being arrested may result in an automatic one-year suspension of your driver’s license under Michigan’s implied consent law.


3. Document Everything

As soon as you can, write down everything you remember about the traffic stop and arrest. Include details like:

  • Why the officer said they pulled you over.
  • What field sobriety tests (if any) you were asked to perform.
  • Whether you were read your Miranda rights.


This information can be invaluable for your DUI attorney in Michigan when building your defense.


4. Contact a Michigan DUI Attorney Immediately

Time is critical when dealing with OWI/DUI charges. An experienced OWI defense lawyer in Macomb or Sterling Heights can begin working on your case immediately, ensuring your rights are protected and that no deadlines are missed. For example, you have only 14 days to request a hearing to challenge the suspension of your driver’s license.


The Consequences of an OWI/DUI Conviction

An OWI/DUI conviction in Michigan carries severe consequences that can impact your life in various ways. Here’s what you could face:


1. Legal Penalties

  • First Offense: Up to 93 days in jail, fines of $100 to $500, and up to 360 hours of community service.
  • Second Offense: Up to one year in jail, fines of $200 to $1,000, and 30 to 90 days of community service.
  • Third Offense (Felony): Up to five years in prison, fines of $500 to $5,000, and 60 to 180 days of community service.


2. License Suspension

An OWI/DUI conviction often results in the suspension or revocation of your driver’s license. For example, a first offense typically comes with a 30-day suspension, followed by 150 days of restricted driving privileges.


3. Increased Insurance Rates

After a conviction, your car insurance rates are likely to skyrocket. Many insurance companies consider OWI/DUI convictions a high-risk indicator, leading to higher premiums or even cancellation of your policy.


4. Professional and Personal Impact

A criminal record can affect your job prospects, professional licenses, and reputation. Employers often conduct background checks, and a conviction could limit your opportunities.


How a Michigan DUI Attorney Can Help

An experienced OWI defense lawyer in Macomb or Sterling Heights can make all the difference in your case. Here’s how:


1. Protect Your Rights

From the moment you’re arrested, your attorney ensures that your rights are upheld. This includes challenging any evidence obtained unlawfully, such as an improper traffic stop or failure to read your Miranda rights.


2. Build a Strong Defense

Your lawyer will thoroughly investigate your case, examining police reports, dashcam footage, and breathalyzer results. They may identify inconsistencies or errors in the evidence that can be used to your advantage.


3. Negotiate Plea Deals or Reduced Charges

In some cases, your attorney may be able to negotiate with the prosecution for reduced charges or alternative sentencing, such as probation or enrollment in a sobriety program.


4. Represent You in Court

If your case goes to trial, having an experienced criminal defense attorney by your side is crucial. They will present your defense, cross-examine witnesses, and advocate for the best possible outcome.


Why Choose Coppins Law Group for Your OWI/DUI Defense?

At Coppins Law Group, we understand how overwhelming it can be to face OWI/DUI charges. Our team has years of experience representing clients throughout Michigan, including Macomb, Sterling Heights, and surrounding areas. Here’s why we’re the right choice for your defense:

  • Local Expertise: We have an in-depth understanding of Michigan’s OWI/DUI laws and court processes.
  • Personalized Defense: Every case is unique. We take the time to understand your situation and craft a defense strategy tailored to your needs.
  • Proven Results: Our track record speaks for itself. We’ve successfully helped clients reduce or dismiss their charges, protecting their rights and futures.
  • Compassionate Support: We know this is a stressful time, and we’re here to guide you every step of the way with clear communication and unwavering support.

Take Action Now to Protect Your Future

If you’ve been charged with an OWI/DUI in Michigan, don’t wait to seek legal help. The sooner you act, the better your chances of achieving a favorable outcome. At Coppins Law Group, we’re committed to protecting your rights and helping you move forward with your life.


Contact us today for a free consultation with an experienced Michigan DUI attorney. Remember, seeking professional legal advice specific to your case is essential, as this blog is not a substitute for personalized legal counsel. Let us fight for you and provide the strong representation you need. Call us or visit our website to schedule your consultation.


Remember, a charge doesn’t have to define your future. With the right legal team by your side, you can overcome this challenge and regain control of your life.


OWI in Michigan

Understanding Michigan's OWI Laws: What You Need to Know Before Spring Break

February 21, 2025
Understanding Michigan's OWI Laws: What You Need to Know Before Spring Break  Spring break is right around the corner, and for many college students and vacationers, that means road trips, parties, and nights out. While having fun is the goal, it’s essential to stay informed about Michigan’s Operating While Intoxicated (OWI) laws to avoid legal trouble that could impact your future. Michigan has strict laws regarding drunk and drugged driving, and an OWI charge can have serious legal and financial consequences . In this guide, we’ll break down Michigan’s OWI laws, blood alcohol content (BAC) limits , potential penalties, and ways to avoid impaired driving charges . Whether you’re a Michigan resident or just visiting, knowing the law can help you make safe and informed choices this spring break. What Is an OWI in Michigan? In Michigan, Operating While Intoxicated (OWI) is the legal term for what most states call DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) . The law prohibits drivers from operating a vehicle while impaired by alcohol, drugs, or both . You can be charged with OWI if: Your BAC is 0.08% or higher (0.02% for drivers under 21). You show visible signs of impairment , regardless of BAC. You have any amount of a Schedule 1 drug in your system (such as cocaine, heroin, or methamphetamine), even if you appear sober. Michigan also has a High BAC offense , commonly known as the Super Drunk Law , which applies if your BAC is 0.17% or higher . This comes with harsher penalties. Understanding BAC Limits and Michigan’s Zero Tolerance Law Michigan enforces strict BAC limits based on age and circumstances: 21 and Older: 0.08% BAC is the legal limit. Under 21: 0.02% BAC (Michigan has a Zero Tolerance Law for underage drinking and driving, meaning even a small amount of alcohol can lead to a charge.) Commercial Drivers: 0.04% BAC . Even if your BAC is below 0.08%, you can still be charged with Operating While Visibly Impaired (OWVI) if the officer believes alcohol or drugs negatively impacted your driving ability . Penalties for an OWI in Michigan Michigan has strict penalties for OWI offenses , even for first-time offenders. The severity of the punishment depends on factors like BAC level, prior offenses, and whether there was an accident. First-Time OWI Offense A first OWI conviction is considered a misdemeanor. The penalties include up to 93 days in jail , fines ranging from $100 to $500 , and a license suspension of up to 180 days . Additional penalties may include installing an ignition interlock device (IID) , which requires the driver to pass a breathalyzer test before starting the vehicle. Offenders may also be required to complete up to 360 hours of community service . Furthermore, a first-time conviction results in six points added to the driving record , which can increase insurance rates significantly. Second OWI Offense (Within 7 Years) A second OWI within seven years is also classified as a misdemeanor but carries harsher penalties. A convicted individual faces a minimum of five days and up to one year in jail , fines ranging from $200 to $1,000 , and mandatory license revocation for at least one year . Additionally, the court may order vehicle immobilization or forfeiture , meaning the car could be confiscated. Community service requirements can reach up to 90 days , and installing an IID is mandatory . The conviction also results in six points added to the driver’s record , impacting insurance rates and employment opportunities. Third OWI Offense (Felony Charge) A third OWI offense is classified as a felony, leading to significant legal consequences . A conviction results in one to five years of prison time , fines between $500 and $5,000 , and a minimum of five years of license revocation . Courts may also impose vehicle immobilization or forfeiture , making it impossible for offenders to legally drive for a long period. Additional penalties include up to 180 days of community service and a permanent felony record , which can severely impact future employment, housing, and financial stability. Six points are added to the driving record , further complicating matters for offenders. High BAC (“Super Drunk” OWI) Offense Michigan has enhanced penalties for drivers with a BAC of 0.17% or higher , commonly referred to as the Super Drunk Law . A first-time offender faces up to 180 days in jail , fines ranging from $200 to $700 , and a one-year license suspension . Installing an IID is mandatory once driving privileges are restored. Offenders must also complete up to 360 hours of community service . These heightened penalties are designed to deter excessive drinking and driving, emphasizing the dangers of high-level impairment. Additional Consequences Beyond the legal penalties, an OWI conviction carries severe long-term consequences that extend into personal and professional life: Higher insurance rates: Auto insurance premiums typically skyrocket after an OWI conviction, often doubling or tripling. Job loss or difficulty finding employment: Many employers conduct background checks, and a criminal record can limit job opportunities. Travel restrictions to certain countries: Some countries, including Canada, have strict entry policies for individuals with OWI convictions. Permanent criminal record (for felony offenses): A felony OWI conviction can limit voting rights, gun ownership, and housing opportunities. Can You Refuse a Breathalyzer Test in Michigan? Michigan follows implied consent laws , meaning if you refuse a breathalyzer test when pulled over for suspected OWI, you will face automatic penalties , including: First refusal: One-year driver’s license suspension Second refusal (within 7 years): Two-year license suspension Six points added to your driving record While you can refuse a preliminary roadside breath test (PBT), refusing a chemical test after arrest results in these penalties. Additionally, law enforcement can obtain a warrant for a blood test . How to Avoid an OWI Charge During Spring Break Spring break is a time for fun, but safety should always come first. Here are some ways to avoid an OWI charge : Use a Designated Driver – If you plan on drinking, make sure someone in your group stays sober and drives. Take an Uber, Lyft, or Taxi – Rideshare services are a safer and cheaper alternative to an OWI charge. Stay Overnight – If you’re drinking at a friend’s house, plan to stay overnight rather than risk driving home. Know Your Limits – Even if you think you’re under the limit, alcohol affects everyone differently. If you feel impaired, don’t drive . Avoid Peer Pressure – Don’t let friends pressure you into driving if you’ve been drinking. Be Aware of Medication Interactions – Some prescription medications can amplify impairment when mixed with alcohol. Plan Ahead – Before heading out, figure out your transportation plan so you don’t have to make last-minute, risky decisions. Final Thoughts: Stay Safe and Informed This Spring Break Michigan takes OWI offenses seriously , and the consequences can be life-changing. Understanding the laws, BAC limits, and potential penalties can help you make better decisions this spring break and beyond. The best way to avoid an OWI charge is simple: don’t drive impaired . Plan ahead, use a designated driver, and always have a backup transportation option. Need Legal Help? If you’ve been charged with an OWI in Michigan, Coppins Law Group, PLLC can help. Contact us for a free consultation to discuss your case and explore your legal options. This blog is for informational purposes only and does not constitute legal advice. For specific legal concerns, please consult with a licensed attorney.
child custody modifications Mt. Clemens Michigan

Navigating Child Custody Modifications: Preparing for Summer Vacation Schedules in Mt. Clemens, MI

February 13, 2025
Navigating Child Custody Modifications: Preparing for Summer Vacation Schedules in Mt. Clemens, MI As summer approaches, many families in Mt. Clemens, MI , find themselves facing the challenge of adjusting their child custody arrangements to accommodate changing schedules. Whether it’s planning for extended vacations, adjusting to summer camps, or navigating work schedules, parents must understand how to legally modify custody agreements while prioritizing their child’s well-being. Why Child Custody Modifications Are Important for Summer Break During the school year, custody agreements often follow a predictable routine, with set pickup and drop-off times. However, summer can disrupt that structure, requiring temporary custody modifications to accommodate vacation plans, holidays, and summer activities. Some of the key reasons parents in Mt. Clemens seek summer custody modifications include: Extended vacations with one parent, such as out-of-state or international travel. Out-of-state travel plans that require special court approval. Summer camps or enrichment programs that may shift existing schedules. Changes in work schedules that require adjustments in parenting time. Special family events or reunions that may require one parent to have extended custody. Understanding the legal process for modifying custody agreements can help avoid last-minute conflicts and ensure a smoother transition for the child.  How to Modify a Custody Agreement in Michigan Modifying a child custody agreement in Michigan requires legal steps to ensure compliance with state laws and the best interests of the child. Here’s how parents in Mt. Clemens, MI , can navigate the process: 1. Review Your Existing Custody Order Before making any modifications, parents should review the existing custody arrangement to determine if any flexibility is built into the agreement. Some custody orders include provisions for summer vacation, while others require formal legal modifications. Understanding the terms of your custody order can help determine the next steps. 2. Communicate and Negotiate with the Other Parent Effective communication is key when discussing summer schedule changes. Parents should discuss their plans as early as possible to allow time for negotiation and avoid misunderstandings. If both parents agree on modifications, they can draft a written agreement outlining the revised schedule and submit it to the court for approval. Having a written agreement helps ensure both parents adhere to the terms and prevents disputes later. 3. File a Motion for Custody Modification If an agreement cannot be reached, the parent requesting a change must file a motion to modify custody with the Macomb County Circuit Court , which serves the Mt. Clemens area . The court will consider the request based on factors such as: The impact on the child’s emotional and physical well-being The child’s educational and social needs The ability of both parents to accommodate changes Whether the modification is in the child’s best interest The court will review all relevant evidence and make a decision that aligns with the child's best interests. If necessary, parents may need to provide documentation, such as work schedules, travel itineraries, or school program details, to support their request. 4. Attend a Court Hearing (If Necessary) If the modification is contested, a judge may require a custody hearing . During this process, both parents will present their arguments, and the court will decide whether the modification is justified. Providing evidence, such as work schedules, vacation plans, and the child's needs , can strengthen the request. The judge will consider factors such as parental availability, stability, and the child’s preferences, especially if they are of an age where their opinion holds legal weight. Factors Courts Consider When Modifying Custody for Summer Michigan family courts prioritize the best interests of the child when reviewing modification requests. Some of the most common factors influencing a court’s decision include: The child’s relationship with each parent: If one parent has historically had more time with the child, the court will consider whether a summer modification could be disruptive or beneficial. The child’s age and adaptability: Younger children may require more structure, while older children may have preferences about where they spend their summer. The impact on the child’s education and extracurricular activities: The court will assess how the modification affects school programs, sports, and enrichment opportunities. The distance between parents’ homes and travel logistics: If the proposed change involves long-distance travel, the court may require additional assurances about transportation and communication. The ability of each parent to provide a stable and supportive environment: The court will look at work schedules, home stability, and overall parental involvement when considering modifications. Best Practices for Requesting a Custody Modification in Mt. Clemens, MI To make the process smoother, parents should follow these best practices: Plan ahead: Discuss custody changes months in advance to allow time for negotiations and legal procedures. Keep documentation: Maintain records of all discussions, agreements, and reasons for modification requests. Prioritize the child’s needs: Courts always rule in favor of what benefits the child most, so presenting a plan that prioritizes their well-being is essential. Consider mediation: If discussions become contentious, mediation can help parents reach a compromise without court intervention. Work with a family law attorney: Seeking professional legal guidance ensures all modifications are properly filed and comply with Michigan laws. Common Challenges in Summer Custody Modifications Despite the best efforts to agree on modifications, parents may encounter challenges such as: One parent refusing to cooperate: If one parent is unwilling to adjust the schedule, legal intervention may be required. Conflicting travel plans: If both parents want to take the child on vacation at the same time, prioritizing prior agreements or mediation can help resolve disputes. Unclear custody orders: If the existing custody order does not address summer vacations explicitly, it may require court clarification. Last-minute changes: Courts may be less likely to approve modifications requested on short notice, especially if they disrupt the child's routine. Being proactive and ensuring clear, legally binding agreements can help parents avoid these common pitfalls. How an Attorney Can Help with Custody Modifications in Mt. Clemens, MI A family law attorney in Mt. Clemens, MI , can provide valuable guidance in navigating custody modifications. An attorney can: Review custody agreements to determine whether modifications are necessary. Draft and file legal documents to request modifications. Represent clients in court hearings to advocate for the best interests of the child. Negotiate agreements between parents to reach a fair resolution. Given the complexities of child custody law, having legal representation ensures that the process is handled correctly and that parental rights are protected. Final Thoughts on Navigating Child Custody Modifications in Mt. Clemens, MI As summer approaches, parents must proactively plan for custody modifications to accommodate vacations, travel, and new schedules. Understanding the legal process, prioritizing the child’s needs, and maintaining clear communication can help ensure a seamless transition. For those who need legal assistance, working with a family law attorney in Mt. Clemens, MI , can help facilitate the process and protect parental rights. Contact Coppins Law Group, PLLC, today for expert legal assistance in modifying your child custody agreement for the summer. Our experienced attorneys can help ensure that your summer custody arrangements align with Michigan laws and your child’s best interests. This blog is for informational purposes only and does not constitute legal advice. For specific legal concerns, please consult with a licensed attorney.
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