Daisy Criminal Defense Lawyer
Protect Yourself Against Making Another Mistake
Have You Been Arrested And Are Facing Criminal Charges? Then Turn To Daisy Benavidez To Keep You Out Of Jail.
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You've Been Arrested...
Your First Step Is To Hire The Right Lawyer
If you've been arrested for a DUI - DWI, you're probably feeling overwhelmed and stressed out. You may be wondering what your next steps should be, and whether or not you need to hire a lawyer. The answer is yes - and here's why. A good lawyer can help protect your rights and fight for the best possible outcome in your case. They can also provide guidance and support during this difficult time.
Why Hire A Grand Rapids DUI Lawyer?
DUI penalties in Michigan are some of the most severe in the country. If you're arrested for DUI, you face jail time, fines, and the loss of your license. You also face higher insurance premiums, community service, probation, loss of employment and a permanent criminal record. As you can see, the consequences of a DUI conviction can be quite serious and life changing. DUI is not a traffic offense that you can hope to fight yourself.
You need an experienced DUI attorney who knows the law and has the resources to challenge police procedures and forensic evidence they have against you. The Law Office of Daisy Benavidez has represented DUI clients in Grand Rapids for more than 10 years. We have a solid track record when it comes to reduced sentences, dismissals, and acquittals.
As a DUI attorney I have the knowledge and experience to help you avoid the worst possible consequences of these charges and can help you get your life back on track. Don't let a DUI or OWI charge ruin your life - seek my help today.
You need an experienced DUI attorney who knows the law and has the resources to challenge police procedures and forensic evidence they have against you. The Law Office of Daisy Benavidez has represented DUI clients in Grand Rapids for more than 10 years. We have a solid track record when it comes to reduced sentences, dismissals, and acquittals.
As a DUI attorney I have the knowledge and experience to help you avoid the worst possible consequences of these charges and can help you get your life back on track. Don't let a DUI or OWI charge ruin your life - seek my help today.
Criminal Penalty For Drunk Driving In Grand Rapids, MI
DUI charges in Michigan can be either Operating While Visibly Impaired (OWVI) or Operating While Intoxicated (OWI). An OWVI charge is based on an officer's assessment of your driving, and is not dependent on any particular level of alcohol or drug consumption. OWI is most often based on a driver's blood alcohol content (BAC) as determined through a chemical test. If you are charged with DUI, it is important to understand the difference between the two charges, as they carry different penalties. An OWI conviction can result in jail time, a loss of your driver's license, and heavy fines, while an OWVI conviction may only result in a fine. If you are facing DUI charges, it is important to speak to an experienced DUI attorney who can help you navigate the legal system and protect your rights.
Operating with a High Blood Alcohol Content
If you are caught driving with a BAC of 0.08 percent or higher, you will be charged with DUI. If you are caught driving with a BAC of 0.17 percent or higher, you will be charged with high DUI. If you are under the age of 21 and have a BAC of 0.02 percent or higher, you will be charged with zero tolerance DUI.
The penalties for DUI depend on whether there have been prior DUI convictions within a certain time period.
First offense DUI charges can result in a fine of up to $300 and up to 93 days in jail. Your license may also be suspended for six months.
Operating While intoxicated – 2nd Offense
If you have had one prior DUI conviction within the past seven years, you may be fined between $200 and $1,000 and sentenced to five days to one year in jail. Your license may also be revoked for one year.
Operating While Intoxicated – 3rd Offense
If you have two or more prior DUI convictions, you may be fined between $500 and $5,000 and sentenced to 30 days to five years in jail. Your license may also be revoked for two years. If you refused to submit to a chemical test, your license may be revoked for one year. If you have had one prior refusal within the past seven years, your license may be revoked for two years. If you have had two or more prior refusals, your license may be revoked for three years.
Operating with a High Blood Alcohol Content
If you are caught driving with a BAC of 0.08 percent or higher, you will be charged with DUI. If you are caught driving with a BAC of 0.17 percent or higher, you will be charged with high DUI. If you are under the age of 21 and have a BAC of 0.02 percent or higher, you will be charged with zero tolerance DUI.
The penalties for DUI depend on whether there have been prior DUI convictions within a certain time period.
First offense DUI charges can result in a fine of up to $300 and up to 93 days in jail. Your license may also be suspended for six months.
Operating While intoxicated – 2nd Offense
If you have had one prior DUI conviction within the past seven years, you may be fined between $200 and $1,000 and sentenced to five days to one year in jail. Your license may also be revoked for one year.
Operating While Intoxicated – 3rd Offense
If you have two or more prior DUI convictions, you may be fined between $500 and $5,000 and sentenced to 30 days to five years in jail. Your license may also be revoked for two years. If you refused to submit to a chemical test, your license may be revoked for one year. If you have had one prior refusal within the past seven years, your license may be revoked for two years. If you have had two or more prior refusals, your license may be revoked for three years.
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Representing Commercial Drivers Charged With A DUI In Michigan
CDL holders in Michigan are subject to strict laws when it comes to any type of CDL violation. This includes cases of drunk driving. A CDL holder doesn't need to be driving a commercial vehicle for the severe penalties to apply. If they are operating any vehicle while impaired or over the legal limit, they could be facing a CDL DUI conviction.
Commercial drivers are subject to a lower bodily alcohol content (BAC) limit in order to be considered legally drunk. In Michigan, this limit is .04 percent compared to .08 percent for other drivers. If a CDL holder refuses to take a breath test, or if they consume alcohol while operating a commercial vehicle or within four hours prior, they could be immediately placed out-of-service for 24 hours.
These harsh penalties highlight how seriously Michigan takes CDL violations, and underscores the importance of complying with all CDL regulations.
Commercial drivers are subject to a lower bodily alcohol content (BAC) limit in order to be considered legally drunk. In Michigan, this limit is .04 percent compared to .08 percent for other drivers. If a CDL holder refuses to take a breath test, or if they consume alcohol while operating a commercial vehicle or within four hours prior, they could be immediately placed out-of-service for 24 hours.
These harsh penalties highlight how seriously Michigan takes CDL violations, and underscores the importance of complying with all CDL regulations.
DUI and Child Endangerment
OWI/DUI charges in Michigan are a serious matter, particularly if you had children under the age of 16 in your vehicle. You could face charges of child endangerment, which could impact your rights as a parent.
Under state Child Protection Laws, any cases involving child neglect are required to be reported to the Michigan Department of Health and Human Services (MDHHS) by law enforcement officials.
Neglect is defined as any action committed by a parent, guardian, or another adult which harms or threatens to harm the child. Reports of child endangerment associated with OWI charges could impact your rights in child custody proceedings in divorce cases, along with your ability to adopt a child in Michigan.
Challenging traffic stops that led to OWI/DUI arrests may be one way to avoid some of the more serious consequences associated with these types of charges. If you have been accused of driving while under the influence, it is important to speak with an experienced criminal defense attorney who can help you navigate the legal process and protect your rights.
Under state Child Protection Laws, any cases involving child neglect are required to be reported to the Michigan Department of Health and Human Services (MDHHS) by law enforcement officials.
Neglect is defined as any action committed by a parent, guardian, or another adult which harms or threatens to harm the child. Reports of child endangerment associated with OWI charges could impact your rights in child custody proceedings in divorce cases, along with your ability to adopt a child in Michigan.
Challenging traffic stops that led to OWI/DUI arrests may be one way to avoid some of the more serious consequences associated with these types of charges. If you have been accused of driving while under the influence, it is important to speak with an experienced criminal defense attorney who can help you navigate the legal process and protect your rights.
Challenging Traffic Stops In Grand Rapids DUI - OWI Arrests
Challenging traffic stops is a complex area of the law, and it's important to have an experienced DUI/OWI attorney on your side. If the stop wasn't legal, then any evidence obtained after the stop may not be admissible in court. The burden of proof is on the prosecution to show that the stop was legal, and there are many ways to challenge a stop.
For example, an officer may not have had probable cause to believe that a crime was being committed, or the stop may have been unconstitutional under the Fourth Amendment.
An experienced DUI/OWI attorney will know how to challenge the stop in court and exclude any evidence that was obtained as a result of the stop. This can be crucial to winning your case.
We've all been there. You're driving along, minding your own business, when you see those bright lights in your rearview mirror. Officer Friendly is pulling you over, but you have no idea why. Is this legal?
As it turns out, there are countless reasons an officer can legally initiate a traffic stop – from a broken taillight to speeding to swerving – but that doesn't mean police have a blank check to initiate stops. Probable cause is an objective (as opposed to subjective) standard, and your DUI/ OWI defense lawyer may consider filing a motion to suppress if evidence of probable cause is weak.
For example, when police receive 911 calls about a suspected drunk driver, your defense lawyer will carefully examine the content of the audio and transcripts because absent the officer's corroboration of those allegations (which can be anonymous), there may well have been a lack of probable cause.
In other words, just because you were pulled over doesn't mean the stop was legal. If you believe your rights were violated during a traffic stop, be sure to contact an experienced DUI/ OWI defense lawyer who can review the facts of your case and determine whether or not grounds exist to challenge the stop.
For example, an officer may not have had probable cause to believe that a crime was being committed, or the stop may have been unconstitutional under the Fourth Amendment.
An experienced DUI/OWI attorney will know how to challenge the stop in court and exclude any evidence that was obtained as a result of the stop. This can be crucial to winning your case.
We've all been there. You're driving along, minding your own business, when you see those bright lights in your rearview mirror. Officer Friendly is pulling you over, but you have no idea why. Is this legal?
As it turns out, there are countless reasons an officer can legally initiate a traffic stop – from a broken taillight to speeding to swerving – but that doesn't mean police have a blank check to initiate stops. Probable cause is an objective (as opposed to subjective) standard, and your DUI/ OWI defense lawyer may consider filing a motion to suppress if evidence of probable cause is weak.
For example, when police receive 911 calls about a suspected drunk driver, your defense lawyer will carefully examine the content of the audio and transcripts because absent the officer's corroboration of those allegations (which can be anonymous), there may well have been a lack of probable cause.
In other words, just because you were pulled over doesn't mean the stop was legal. If you believe your rights were violated during a traffic stop, be sure to contact an experienced DUI/ OWI defense lawyer who can review the facts of your case and determine whether or not grounds exist to challenge the stop.
Summary
No one ever thinks they will get pulled over for DUI, but it happens to good people every day. If you are facing charges, it is important to understand the severity of the penalties you are up against.
In Michigan, the consequences of a DUI conviction can be quite serious and life changing. You need an experienced DUI attorney who knows the law and has the resources to challenge police procedures and forensic evidence they have against you.
The Law Office of Daisy Benavidez has represented DUI clients in Grand Rapids for more than 10 years. We have a solid track record when it comes to reduced sentences, dismissals, and acquittals.
Call us now for a free consultation so we can review your case and help you determine your best course of action moving forward.
In Michigan, the consequences of a DUI conviction can be quite serious and life changing. You need an experienced DUI attorney who knows the law and has the resources to challenge police procedures and forensic evidence they have against you.
The Law Office of Daisy Benavidez has represented DUI clients in Grand Rapids for more than 10 years. We have a solid track record when it comes to reduced sentences, dismissals, and acquittals.
Call us now for a free consultation so we can review your case and help you determine your best course of action moving forward.
Don't Hire Just Any DUI Lawyer
What you should know about me ...
After practicing in larger law firms for 10 years, I decided that I wanted to open a boutique practice of my own. With my previous law firm, I had to work with anyone who walked through the door. Now I can choose whom I want to represent and give your case the attention it deserves.
One thing about having a winning record in court and being known as someone you don’t want to go up against is that often, prosecutor's want to settle to avoid court, and that can result in better outcomes for my clients.
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Easy To Find & Convenient Hours
Hours
Monday 8:30AM-5PM
Tuesday 8:30AM-5PM
Wednesday 8:30AM-5PM
Thursday 8:30AM-5PM
Friday 8:30AM-5PM
Saturday Closed
Sunday Closed
Geographic Areas I practice in: Grand Rapids MI, Grandville MI, Walker MI, Byron Center MI, Wyoming Mi, Kentwood MI, Comstock Park MI, Muskegon MI, Norton Shores MI, Spring Lake MI, Grand Haven MI, Allendale MI, Coopersville MI
