Chesterfield Township DUI Attorney

A few moments feel more frightening than watching red and blue lights swirl in your rear-view mirror after you have had a drink with dinner. In Michigan, the stakes escalate quickly: handcuffs on the side of the road, a night in the Macomb County Jail, a Monday-morning mugshot online, and notice from the Secretary of State that your driving privileges are about to disappear. Contact our Chesterfield Township DUI attorneys for a free consultation if you have been stopped and charged. We can help, don’t wait any longer.

A conviction for Operating While Intoxicated (OWI) threatens your job, your insurance premiums, and even your ability to drive your kids to school. Our Chesterfield Township criminal defense team at Grabel & Associates turns panic into a plan. Our statewide DUI defense team appears regularly in Chesterfield Charter Township’s 42-2 District Court and the Macomb County Circuit Court, blending local insight with decades of technical expertise in drunk-driving litigation.

Michigan’s Impaired-Driving Statutes at a Glance

Michigan does not use the term “DUI” in its statutory provisions for drunk driving. Instead, the five primary drunk-driving offenses fall under MCL 257.625:

• Operating While Intoxicated (OWI): If your blood-alcohol concentration (BAC) is 0.08% or higher, or you are under the influence of any amount of a Schedule 1 controlled substance.
• Operating With a High BAC (“Super Drunk”): You can face enhanced penalties if your BAC is 0.17% or higher.
• Operating While Visibly Impaired (OWVI): If your driving ability is substantially diminished by alcohol or drugs, even if BAC is below 0.08%, you can be charged with OWVI.
• Operating Under the Influence of Drugs (OUID): If you have measurable THC, cocaine, or other controlled substances in your bodily fluids, you can be charged with OUID.
• Zero-Tolerance (Under 21): If you are under 21, a BAC of 0.02% or higher triggers a misdemeanor even without obvious impairment.

A first-offense OWI remains a misdemeanor, but any crash “causing serious impairment” elevates the charge to a 15-year felony (MCL 257.625(5)), and a crash “causing death” carries up to life in prison (MCL 257.625(4)). In addition, multiple-offense OWI—defined as a third impaired-driving conviction in your lifetime—also becomes a Class E felony.

Court Process for DUI Charges in Chesterfield Township

Chesterfield Township Police Officers and Michigan State Troopers patrol I-94, M-59, and the busy 23 Mile Road retail corridor. Every impaired-driving charge that originates here begins in the 42 2 District Court in New Baltimore for arraignment, pre-trial, and (if a misdemeanor) trial and sentencing. Felony OWI cases move “up the street” to the Macomb County Circuit Court in Mount Clemens after a preliminary examination. Our attorneys appear before the judges in Macomb County and the 42-2 District Court every week, giving us real-time knowledge of each judge’s bond preferences, probation conditions, and tendencies on Sobriety Court eligibility.

How DUI Arrests Happen in Michigan: Stops, Tests, and Charges

Traffic Stop and Field Sobriety Tests. Police must have reasonable suspicion to initiate a traffic stop, such as speeding, weaving, or an expired plate. Once contact is made, officers look for the odor of alcohol, slurred speech, or bloodshot eyes before requesting.

Standardized Field Sobriety Tests (SFSTs): Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand. We cross-examine officers on every cue they claimed to observe. We compare in-car video to National Highway Traffic Safety Administration (NHTSA) training manuals that spell out proper demonstration, timing, and scoring.

Preliminary Breath Test (PBT). Michigan law allows officers to request a handheld breath sample along the roadside. Refusal is a civil infraction ($200 fine) but does not carry license suspension. However, many officers wrongly threaten harsher consequences. We spotlight that misconduct to attack probable cause.

Arrest, Implied Consent, and DataMaster DMT. After every arrest, police must read implied-consent rights before demanding an evidentiary chemical test. Two options exist: breath analysis using the Intox DataMaster DMT at the station or a hospital blood draw. Refusing either triggers an automatic one-year driver’s license suspension (two years for a second refusal within seven years). Grabel & Associates routinely defeats these suspensions at the Secretary of State Driver Assessment and Appeal Division (DAAD) hearings by exposing defective consent warnings, ambiguous requests, or unlawful delays in testing.

Blood Testing and Chain of Custody. For suspected drugged driving, officers seek a search warrant for a blood sample. We examine warrant affidavits for probable cause flaws and track chain-of-custody forms, anticoagulant levels, and transport temperatures. Our expert toxicologists retest samples at independent, ISO-accredited labs to expose fermentation-driven BAC inflation or THC metabolites that linger long after impairment fades.

Effective Legal Defenses Against DUI Charges in Chesterfield Township

• Invalid Traffic Stop: When the dash-cam reveals flawless lane position, contradicting the officer’s “weaving” claim, we can get the evidence suppressed, often leading to the case being dismissed.
• SFST Protocol Violations: If the officer conducted a walk-and-turn on a sloped gravel shoulder, the test's reliability is compromised, and the court must exclude the test results.
• Breath-Machine Maintenance Gaps: If a DataMaster logged a “purge-fail” message two days before your test, and a technician never reset the calibration, we can move to have the breath reading suppressed.
• Rising Blood Alcohol Theory: Restaurant receipts, Uber timestamps, and toxicologist modeling can show that your BAC was below 0.08% while driving and spiked only after your arrest. This often results in a not-guilty verdict by the jury.
• Medical and Dental Conditions: Acid reflux, GERD, or recent dental work can trap alcohol in the mouth, producing falsely high breath readings.
• Interfering Substances: Acetone from diabetes or industrial solvents from workplace exposure skew infrared breath analyses.
• Fourth Amendment Blood Draw Challenges: If the warrant lacked the requisite nexus to drug use, a judge should suppress the entire toxicology panel.

Michigan DUI Penalties and Long-Term Consequences

First-Offense OWI (BAC ≥ 0.08 %)

• Up to 93 days in jail (rare for a first-time offender)
• A fine between $100 and $500 plus the state “drunk-driving” fee
• 360 hours of community service
• A six-month license suspension (eligible for a restricted license after 30 days)
• Six points on your driving record
• Vehicle immobilization up to six months (discretionary)
• A criminal conviction that cannot be expunged for five years

High BAC (Super Drunk)

• Up to 180 days in jail
• A mandatory one-year ignition-interlock on a restricted driver’s license after a 45-day “hard suspension.”
• A fine of up to $700

Second Offense Within Seven Years

• A mandatory sentence of at least five days in jail and up to one year
• A minimum one-year license revocation with no hardship appeal for a whole year
• Vehicle immobilization for 90 days or forfeiture
• Mandatory alcohol treatment or Sobriety Court participation

Third Lifetime Offense (Felony OWI)

• One to five years in prison (or probation with 30 days in jail for rare cases)
• Five-year license denial
• Vehicle forfeiture
• Mandatory alcohol-treatment programming and community service

OWI Causing Serious Injury or Death

• Felony with up to 15 years in prison (injury) or life in prison (death)
• Restitution under the Crime Victims’ Rights Act
• Permanent license revocation for death cases

Beyond criminal penalties, expect insurance surcharges, professional license discipline (nurses, pilots, CDL drivers, etc.), and potential international travel bans (Canada often denies entry for OWI convictions). We address collateral fallout by coordinating with licensing boards, employer-assistance programs, immigration counsel, and other experts.

How to Save or Restore Your Driver’s License After a DUI

Secretary of State Implied-Consent Hearings. You have 14 days from the arrest date to request a hearing to challenge the automatic suspension of your driver’s license based on your refusal to submit to a chemical test. We subpoena officers, present medical-necessity defenses (like a legitimate fear of needles), and exploit any Miranda-timing confusion to win dismissal.

Restricted Driving Privileges. For first-offense OWI and Super Drunk convictions, we can petition for a restricted license as soon as the statutory waiting period ends. A restricted license allows you to travel to work, school, medical appointments, and required treatment. In addition, ignition-interlock clients receive coaching on device operation and avoiding violations.

Sobriety Court Alternative. Macomb County’s Sobriety Court grants same-day restricted licenses with an interlock even for a second-offense OWI if the defendant enters intensive treatment and has weekly judicial reviews. Our firm prepares the psychological assessment, treatment-provider intake, and personal-narrative letter to persuade the judge to sign the order.

Full License Reinstatement. After revocation of your driver’s license, restoration requires a formal DAAD hearing in Lansing. We prepare the reinstatement package from start to finish: three notarized abstinence letters, a 12-panel drug screen, provider-certified Alcoholics Anonymous (AA) attendance logs, ignition-interlock data, and a relapse-prevention plan. Our success rate exceeds 90% for first-petition clients.

Special DUI Rules for Drivers Under 21, CDL Holders, and Out-of-State Residents

• Zero-Tolerance (Under 21): If you are under 21, a BAC between 0.02% and 0.07 % results in a 30-day restricted license, four points on your record, and community service. But, in some cases, we seek a deferral under certain circumstances.
• Commercial Drivers (CDL): Any OWI triggers a one-year commercial disqualification—even if you were driving a personal vehicle. We work to amend charges to impaired-driving misdemeanors or non-alcohol reckless driving to protect our clients’ livelihoods.
• Out-of-State Residents: Michigan convictions transfer via the Interstate Compact. But we can coordinate with home-state counsel to minimize duplicate suspensions.

Frequently Asked Questions About DUI Arrests and Legal Options in Chesterfield Township

Q: “Will I lose my license tonight?”
Not necessarily. If you submit to breath or blood testing, your plastic license remains valid until a conviction is obtained. A refusal triggers a 14-day paper permit suitable for the purpose, and we file for an implied-consent hearing to stop the automatic suspension.

Q: “Is it possible to reduce OWI to reckless driving in Macomb County?”
Yes, especially for first offenders with a close to 0.08 % BAC, no accident, and a clean record. Timely completion of alcohol education, community service, and continuous alcohol monitoring often persuades prosecutors.

Q: “Should I install an ignition interlock voluntarily?”
Voluntary installation can show proactive responsibility and sometimes shorten suspension periods or secure Sobriety Court admission. We evaluate the cost-benefit for each client.

Q: “Can a DUI be expunged in Michigan?”
A single first-offense OWI (not Super Drunk, not an OWI causing injury or death) became eligible for set-aside in 2021. You must wait five crime-free years after your probation to file for expungement. Our expungement team files petitions statewide.

Q: “How long will my case last?”
Misdemeanor OWI cases in the 42-2 District Court usually resolve in 60 to 120 days. Felony cases in Macomb County Circuit Court can take six months to a year, partly due to the lab-test backlog and motion practice.

Why Grabel & Associates Is the Right Choice for Your DUI Defense

• Technical Mastery: Attorneys trained by the American Chemical Society and Axion Analytical Labs dissect breath- and blood-alcohol testing down to instrument-repair logs.
• Local Court Credibility: Judges know our reputation for thorough preparation, honest advocacy, and respectful courtroom conduct, translating into better plea discussions, bond terms, and ultimate outcomes.
• 24/7 Emergency Response: Your phone call at 2 a.m. connects directly to an attorney, not an answering service.
• Comprehensive Team Resources: We collaborate with private investigators, former MSP toxicologists, certified ignition-interlock experts, and license-restoration specialists on every file.
• Transparent Flat Fees: Our stage-based or all-inclusive fees, with written scope, installment options, and transparent invoices, ensure that you have no surprises regarding cost.

Take Action Before Your Rights Slip Away

Evidence fades, witnesses forget, and statutory deadlines tick relentlessly. Secure the seasoned defense hundreds of Michiganders trusted when their freedom and license were on the line.

Call Grabel & Associates 24/7 at (800) 342-7896 or submit a confidential online form for a free case evaluation. Let Michigan’s premier DUI defense team protect your driver’s license, reputation, and future in Chesterfield Township and throughout Macomb County.