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The Law Office of Gregory J. Calabrese, PLLC

An Unparalleled Client Experience

Facts About Alcohol Related Offense

Drunk driving — or Operating While Intoxicated (OWI) or Operating While Visibly Impaired (OWVI) — is one of the most specialized areas of criminal defense.

While many attorneys attempt to handle drunk driving defense (including many who specialize in divorce or personal injury), few understand the ever-changing statutes, sanctions, and defenses associated with these charges. Drunk driving/OWI defense is a substantial part of my practice. I am thoroughly versed in the intricacies of these DUI defenses, such as blood alcohol testing, field sobriety test techniques, constitutional protections and proper police investigations.

In 2004, Michigan's legal bodily alcohol limit was decreased from .10 to .08, meaning more and more people have been charged with this embarrassing yet significant crime. Further, many prosecuting agencies have policies preventing plea reductions if you were involved in an accident or if your breath/blood level was greater than .15.

On January 3, 2007, our legislature decided that a person can be charged with felony drunk driving if he or she has two or more priors in his or her ENTIRE LIFETIME.

If you are under 21 years old, you could be charged with OWI if you have ANY level of alcohol in your system.

If you have the presence of any controlled substances in your blood — including marijuana —you might be charged with Operating With the Presence of a Controlled Substance, even if that substance had zero effect on your driving ability.

If charged under Michigan's new "Super Drunk" law (.17 blood-alcohol content or greater), you could lose your driver's license immediately for 45 days, no questions asked, and be required to submit to a "breath tube" for another 320 days, even if you have no prior arrests or convictions.

If you are convicted of OWI or OWVI, you face significant sanctions including but not limited to the following:

  • Incarceration
  • Probation
  • Significant fines
  • Prohibition against drinking alcohol
  • Re-payment of prosecutor/police costs
  • Immobilization of your vehicle
  • Community service
  • Substance abuse counseling/treatment
  • Substantial testing/monitoring for alcohol/controlled substances
  • A conviction on your record for the rest of your life

Further, the Secretary of State will take action against your license, independent of the courts. Your driver's license may be restricted, suspended, or revoked, and you may have points added to your driving record; you may have to pay the Secretary of State hundreds or thousands of dollars in "responsibility fees."

In short, the reductions and changes in Michigan's laws have brought people into the criminal justice system who need skilled, specialized attorneys to handle this important defense. I understand the intricacies of breath testing machines. In short, I have applied my skills, background and experience to successfully defend countless people charged with this offense.

I will verify that the police follow every single administrative rule, constitutional protection, and evidentiary safeguard.  I use several experts to challenge artificially high blood/breath levels. Put simply, I have the skill, desire, and experience to handle your OWI case. I want to put my clients back on the road, so they can continue getting to their jobs and providing for their families.

That is why I aggressively challenge breath and blood testing results, functionality of testing equipment, administration of field sobriety tests and any police procedure that may have violated any rights at the time of arrest.