Are you facing a DUI charge in Genesee County? Attorney Scott R. Bigger can help! DRUNK DRIVING offenses or DRUGGED DRIVING offenses have steep penalties. It is important to have an attorney who knows the law and will fight for you.
The Traffic Stop
If you are pulled over on suspicion of drunk driving, an officer will likely have you complete a series of field sobriety tests. The most common test include the horizontal gaze nystagmus test (an eye test), the walk-and-turn, and one leg stand. Other tests include saying the alphabet without singing and counting backwards. These tests should be done according to National Highway Traffic Safety Standards. If an officer does not properly administer these tests, the results will not be reliable and their results deemed inadmissible at trial. As a dedicated DUI attorney, Attorney Scott R. Bigger scrutinizes the dash camera recordings in each case to identify any violations and protect your rights.
After completing these field sobriety tests, a portable breath test (PBT) is usually offered under Michigan’s implied consent law. If the PBT test is refused a separate civil infraction ticket may be imposed. The legal limit for blood alcohol content in Michigan is .08. If you register a .08 or higher, or if you refuse the test, you will likely be arrested for driving under the influence of alcohol.
If you are arrested, you will likely be offered a chemical test. This could include either drawing blood or completing another breath test on a Datamaster device. The penalty for refusing the chemical test is a one-year suspension of your operator’s license. A hearing can be requested with the Secretary of State to contest the suspension. Call Scott R. Bigger immediately before your license is suspended. I can help you fight a suspension.
If the test is refused, you will likely be held while the police seek a search warrant from a judge for a blood sample. Datamaster breath test results are challenged by showing that the device used to take the sample was not properly calibrated and maintained. The police department and the state police hold calibration and maintenance records for these devices. A DUI attorney can obtain those records and help mount a defense.
An experienced attorney like Scott R. Bigger can help negotiate a favorable resolution for your DUI case. If a resolution cannot be reached, Scott R. Bigger is an experienced trial attorney who will fight your case in front of a jury.
A first offense for operating while visually impaired could result in up to 93 days in jail, a fine of up to $300, 4 points on your license, a restricted license for 90 days and possible 180 day immobilization of the vehicle.
For a first offense DUI you face up to 93 days in jail, a fine of up to $500, 6 points on your license, a mandatory 30 day suspension of your driver’s license followed by a restricted license for 150 days, and discretionary immobilization of the vehicle.
If you have a BAC of .17 or more, you could face enhanced penalties under Michigan’s SUPER DRUNK statute. You could face up to 180 days in jail, a fine of up to $700, a 45 day suspension of your license followed by a restricted license for 320 days with an ignition interlock system, 4 points on your license, and mandatory alcohol treatment for one year.
For a second offense within seven years you will face a one-year revocation of your license, mandatory vehicle immobilization, increased fines, a minimum of 5 days in jail up to one year and points on your license.
A third offense will result in a felony charge. Fines could be up to $5,000 and you could face either prison time or probation with up to one year in jail. You must serve a mandatory minimum of 30 days in jail. Also, if your 3 offenses occur within 10 years of each other you will have a minimum of 5-year revocation of your license.
If you are charged with a DUI or DUID in Grand Blanc, Davison, Fenton, Flushing, Mount Morris or Flint, it is imperative that you have an experienced attorney that knows the law and can help you keep your license and your freedom. Call Attorney Scott R. Bigger today to set up your free consultation and take the first step to getting these charges behind you!