Often times an individual that has been arrested for a Michigan OWI has additional factors, known as “aggravating circumstances” that can greatly affect the penalties they are facing. These aggravating circumstances can include:
- Michigan Child Endangerment in which, in addition to the allegation of OWI, there was a minor child in the automobile at the time of the arrest.
- Michigan Driving While License Suspended or Revoked (DWLS) can aggravate your case, even if the reason for your license suspension was for something as simple as failing to pay a minor ticket.
- Michigan Driving without Automobile Insurance
- Possession of narcotics (such as marijuana) or other contraband at the time of your Michigan OWI arrest
- Possession of a firearm or other weapon at the time of your Michigan OWI arrest.
- Resisting or Obstructing the Police at the time of your Michigan OWI arrest.
These “aggravating circumstances” (and many others not listed) can significantly ratchet up the consequences of your Michigan OWI charge. A highly qualified Michigan OWI defense attorney will know how to confront and overcome these aggravating circumstances.
There are a multitude of factors that can affect the outcome of your Michigan OWI charge. Is this a first offense, a second offense, or is this an allegation of Michigan OWI felony? Some aggravating factors can result in not just a jail sentence, but a more serious prison sentence of one to five years or longer. If your Michigan OWI arrest involves an allegation of a death or serious bodily injury punishments can include up to 15 years in prison if convicted.
Aggravating circumstances can cause a judge to take a very dim view of your conduct. The judge is not just limited to sentencing you to a period of incarceration. She may also require you to perform community service. Additionally you can be made to enroll in a lengthy and expensive substance abuse treatment program. More serious Michigan OWI offenses can subject you to a lifetime driver’s license revocation. Lesser driver’s license revocations are typically for a minimum period of one year. At the end of the minimum period of revocation you can request a Michigan driver’s license reinstatement hearing. However, if your reinstatement hearing is unsuccessful you must then wait a full additional year before you can request a new reinstatement hearing.
The consequences of a Michigan aggravated OWI are incredibly serious. A conviction for Michigan OWI will result in a criminal record that lasts a lifetime. A Michigan OWI conviction cannot be erased or expunged at a later date. Employers conducting a criminal background check will be made aware of your conviction, even if the background check is conducted many years in the future.
It is critical that you hire an experienced and qualified Michigan OWI defense attorney to assist you in arriving at a favorable outcome. A well-chosen defense attorney will thoroughly investigate your case and can develop strategies to challenge the facts and circumstances of your arrest and blood alcohol (BAC) results. There may also be constitutional issues surrounding your arrest such as illegal search and seizure (4th Amendment) or lack of probable cause at the time of arrest.
If you have been charged with a Michigan OWI in which there are aggravating circumstances there is a great deal at stake. Attorney Richard I. Lippitt has the experience and knowledge that is required to confront your case. Mr. Lippitt employs a vast network of scientific and blood experts who can potentially challenge your Michigan OWI arrest. Additionally, Mr. Lippitt possesses the legal scholarship necessary to develop potential constitutional challenges of your Michigan OWI arrest.
Michigan OWI defense attorney Richard I. Lippitt is highly skilled and experienced in investigating and challenging the facts and circumstances of Michigan OWI arrests. Mr. Lippitt appears in Michigan courts over 350 times each year in defense of Michigan OWIs.