DUI / OWI Defense
Aggressive DUI Defense · 17+ Years in Criminal Courts · 109+ Years Family Legacy
Arrested for DUI? Your Future Isn’t Over.
A drunk driving charge in Michigan is serious — but it’s not the end of the story. The right defense strategy can mean the difference between conviction and dismissal. Attorney Brandon McNamee has spent 17+ years defending clients across the Thumb.
Call (810) 982-2020 — Get Your Free Case Review
Aggressive DUI Defense · 17+ Years in Criminal Courts · 109+ Years Family Legacy · St. Clair, Sanilac, Huron, Tuscola & Lapeer Counties
Michigan DUI / OWI Defense
In Michigan, drunk driving charges are prosecuted under the Operating While Intoxicated (OWI) statute. Whether you’re facing a first offense or a repeat charge, the penalties are severe: license suspension, heavy fines, probation, mandatory alcohol treatment, and even jail time.
But being charged doesn’t mean being convicted. Police make mistakes. Breathalyzers malfunction. Field sobriety tests are subjective. Traffic stops violate constitutional rights. Attorney Brandon McNamee examines every detail to build the strongest possible defense.
Understanding Michigan DUI/OWI Charges
OWI — Operating While Intoxicated (BAC 0.08+)
The standard drunk driving charge. First offense: up to 93 days in jail, up to $500 in fines, up to 360 hours of community service, license suspension for 30 days plus 150 days restricted, and 6 points on your driving record.
OWI High BAC (BAC 0.17+) — “Super Drunk”
Enhanced penalties: up to 180 days in jail, up to $700 in fines, license suspension for 1 year (45 days then restricted with interlock), and mandatory alcohol treatment.
OWVI — Operating While Visually Impaired
A lesser charge that can sometimes be negotiated as a reduced plea from OWI. Lighter penalties but still includes potential jail time, fines, and 4 points on your record.
OWI Second Offense
A second OWI within 7 years: up to 1 year in jail, up to $1,000 in fines, license revocation for minimum 1 year, vehicle immobilization, and mandatory interlock device.
OWI Third Offense (Felony)
A third OWI at any point in your lifetime is a felony: up to 5 years in prison, up to $5,000 in fines, license revocation for minimum 5 years, and vehicle forfeiture.
How We Fight DUI/OWI Charges
Challenging the Traffic Stop
Police need reasonable suspicion to pull you over. An illegal stop can result in all evidence being suppressed.
Questioning Field Sobriety Tests
Medical conditions, footwear, road surface, weather, nervousness, and officer errors can all affect results. We scrutinize every aspect.
Challenging Breathalyzer & Chemical Tests
We investigate device maintenance records, officer certification, the 15-minute observation period, and whether medical conditions (GERD, diabetes) could have affected results.
Blood Test Challenges
We examine chain of custody, storage conditions, lab procedures, and whether the draw was performed by qualified personnel.
Rising Blood Alcohol Defense
If you were tested well after the traffic stop, your BAC at the time of driving may have been lower than the test result shows.
Constitutional Violations
We examine every aspect for Miranda rights, right to counsel, search and seizure violations, and due process concerns.
DUI / OWI Defense FAQ
Should I refuse a breathalyzer test?
Michigan’s implied consent law means refusing results in automatic 1-year license suspension and 6 points. However, refusing eliminates a key piece of prosecution evidence. Call us immediately if you’ve been arrested.
Can a first-offense DUI be reduced or dismissed?
Yes, depending on the evidence. Issues with the traffic stop, testing procedures, or the breathalyzer device can sometimes lead to a reduction to OWVI or even dismissal.
Will I lose my license after a DUI arrest?
A DUI arrest triggers two separate proceedings — criminal and administrative. We fight on both fronts to protect your driving privileges.
What if this is my second or third DUI?
Repeat offenses carry escalating penalties, but you still have defense rights. The prosecution must still prove their case. If your license has been revoked, we can help with license restoration when you’re eligible.
Facing DUI/OWI Charges? Time Is Critical.
The sooner you have an experienced attorney reviewing your case, the better your chances.
Monday – Friday, 9 AM – 4 PM
Related Services
A DUI conviction can lead to license revocation. Learn about our license restoration services to get back on the road. If you’re dealing with an interlock device, we also handle interlock violation defense. After your case is resolved, you may be eligible to expunge your record under Michigan’s Clean Slate law. We also defend drug and alcohol charges.