Intoxicated Driving FAQs – Triton Legal PLC

At Triton Legal PLC, we know how overwhelming and confusing a drunk or drugged driving charge can be. Whether you’re facing your first OWI (Operating While Intoxicated) or a repeat offense, our Bay City-based defense team is here to guide you. Below are answers to the most frequently asked questions we receive from clients throughout Bay City, Midland, Saginaw, and the surrounding Tri-Cities and Great Lakes Bay Region.

What Is Considered Intoxicated Driving in Michigan?

In Michigan, you can be charged with intoxicated driving—commonly referred to as DUI, OWI, or OUIL—if:

• Your blood alcohol content (BAC) is 0.08 or higher;

• You are under the influence of alcohol, marijuana, or another controlled substance; or

• Your ability to drive is impaired due to drugs or alcohol, regardless of BAC.

What Are My Rights During a DUI Stop?

During a DUI traffic stop in Michigan, you have rights:

• You must provide your license, registration, and proof of insurance.

• You have the right to remain silent.

• You may request an attorney before answering questions.

• If arrested, you must be read your Miranda rights.

• Passengers are typically free to leave if not being detained.

Can I Refuse a Breathalyzer in Michigan?

Yes—and no. Michigan has two types of breath tests:

• Preliminary Breath Test (PBT): This roadside test can be refused. Refusal is a civil infraction, typically resulting in a small fine.

• Chemical Breath Test (Intoxalyzer): Given at the station after arrest. Under Michigan’s Implied Consent Law, refusal results in:

  • 1-year license suspension

  • 6 points added to your driving record

What Are Standardized Field Sobriety Tests?

Michigan law enforcement may administer the following NHTSA-approved Standardized Field Sobriety Tests (FSTs):

• Horizontal Gaze Nystagmus (HGN)

• One-Leg Stand (OLS)

• Walk-and-Turn

Non-standardized FSTs (like finger-to-nose or alphabet recitation) are not validated by science and can often be challenged in court.

Note: You have the right to refuse all field sobriety tests in Michigan.

Will My License Be Suspended After a DUI Arrest?

Maybe—potentially two ways:

1. Administrative Suspension under Implied Consent for refusing a chemical test (even if you’re never convicted).

2. Court-Ordered Suspension or Revocation upon conviction. Length depends on:

   • BAC level

   • Prior offenses

   • Whether a minor was in the vehicle

Can I Be Charged Without a BAC Over the Limit?

Yes. Michigan law allows for intoxicated driving charges based on:

• Officer observations (slurred speech, poor driving)

• Failed field sobriety tests

• Witness testimony

• Presence of controlled substances (even if legally prescribed)

Can I Still Get Insurance After a DUI?

Yes, but your insurance rates will increase significantly. You may also be required to carry SR-22 insurance, a high-risk policy certification that proves you meet Michigan’s minimum liability requirements.

What Happens After a DUI Arrest?

Your case will proceed in two tracks:

1. Administrative Hearing – License-related penalties.

2. Criminal Proceedings – Could result in:

   • Fines

   • Jail time

   • License sanctions

   • Ignition interlock device (BAIID)

   • Mandatory alcohol education

Can I Beat a DUI Charge in Michigan?

Yes—many DUI cases are beatable, especially when handled by a skilled DUI attorney. Defenses include:

• Improper police procedure

• Faulty breathalyzer calibration

• Unreliable field sobriety tests

• Constitutional rights violations

Triton Legal will analyze every angle to develop a customized defense strategy.

Should I Plead Guilty to a DUI?

No—not without speaking to an experienced OWI attorney. Pleading guilty:

• Waives your right to fight the charge

• Forfeits negotiation opportunities

• May lead to unnecessarily harsh sentencing

Let our team evaluate your case first. You may be eligible for a plea to a reduced charge, such as reckless driving.

Do I Need a DUI Defense Lawyer?

Absolutely. OWI cases involve complex scientific, procedural, and legal issues. Triton Legal’s attorneys know how to:

• Challenge blood/breath test results

• Investigate police conduct

• Mitigate sentencing

• Protect your driving privileges

How Much Does a DUI Lawyer Cost?

DUI defense costs vary depending on:

• The severity of your charge (1st offense vs. 2nd+)

• Whether the case goes to trial

• Need for expert witnesses

• Attorney experience

Expect to pay between $1,000–$5,000+ depending on complexity. A seasoned DUI lawyer can help save you far more in insurance hikes, court fines, and lost wages.

Talk to a Trusted DUI Attorney in Bay City, MI

At Triton Legal PLC, we provide honest, aggressive representation for clients facing OWI, DUI, and OUIL charges in Michigan. Our attorneys understand the law, the science behind BAC testing, and the importance of safeguarding your rights from the moment of arrest.

Call us today at (989) 439-9600 to schedule a confidential consultation.

Areas We Serve:

Bay City | Midland | Saginaw | Tri-Cities | Great Lakes Bay Region | Northeast Michigan

Let Triton Legal PLC fight to protect your license, your freedom, and your future.