DUI, felonies, drug charges, assault, and expungements — defended by attorneys who know how prosecutors build cases and where their arguments break down.
Call Now — Free ConsultationMichigan uses the term Operating While Intoxicated (OWI) rather than DUI. The distinction matters: OWI covers operating any vehicle — including boats, snowmobiles, and ATVs — with a blood alcohol content of 0.08% or higher, or while visibly impaired at any BAC level. A first-offense OWI is a misdemeanor carrying up to 93 days in jail, a $500 fine, and up to 180 days of license suspension.
Penalties escalate quickly. A second offense within seven years becomes a one-year misdemeanor with mandatory vehicle immobilization and license revocation. A third offense is a felony punishable by up to five years in prison. Beyond the criminal penalties, a conviction triggers a driver responsibility fee, mandatory alcohol assessment, and potential ignition interlock requirements.
Effective OWI defense starts with scrutinizing the traffic stop, the field sobriety tests, and the chemical test procedures. Breath and blood tests are only as reliable as the machines and the operators — and both are frequently challenged successfully in Michigan courts.
Read more: OWI First Offense in MichiganAssault charges in Michigan range from simple assault and battery — a 93-day misdemeanor for a first offense — to assault with intent to murder, which carries a potential life sentence. The specific charge depends on whether a weapon was involved, the severity of injury, and the defendant's intent. Michigan law does not require physical contact for an assault charge; placing someone in reasonable fear of imminent harm is sufficient.
Defense strategies vary by charge. In cases involving self-defense, Michigan's Self-Defense Act (MCL 780.972) allows reasonable force without a duty to retreat. In cases where the charge is disproportionate to the conduct — a common scenario in bar fights, road rage incidents, and mutual altercations — negotiating a charge reduction is often achievable before trial.
Felonious assault, assault with intent to do great bodily harm, and weapons charges require an attorney who understands how Oakland County prosecutors evaluate these cases and what evidence they need to sustain the charge at each level.
Read more: Assault Charges in MichiganMichigan drug offenses are categorized primarily by the type of substance and whether the charge is possession or delivery (sale or distribution). Possession of a controlled substance is generally a felony, though the severity depends on the drug schedule and quantity. Delivery charges carry significantly harsher penalties — delivery of a Schedule 1 or 2 narcotic can result in up to 20 years in prison, and quantities exceeding certain thresholds trigger mandatory minimum sentences that a judge cannot reduce.
The critical distinction in many cases is between personal-use possession and possession with intent to deliver. Prosecutors use quantity, packaging, the presence of cash, scales, or baggies to argue intent — but these inferences are rebuttable, and challenging the "intent" element is a common and effective defense strategy.
Michigan offers several alternatives to incarceration for drug offenses, including the Holmes Youthful Trainee Act (HYTA) for defendants under 26, MCL 333.7411 deferrals for first-time offenders, and drug court diversion programs. An experienced defense attorney will know which programs you qualify for and how to position your case for the best possible outcome.
Read more: Drug Charges in MichiganDomestic violence cases in Michigan follow a different procedural path than other assault charges. Once police respond to a domestic call, an arrest is almost always made — Michigan law enforcement policies strongly favor on-scene arrest when there is any evidence of physical altercation. The prosecutor, not the alleged victim, decides whether to bring charges, and cases frequently proceed even when the complainant wants to drop them.
A domestic violence conviction triggers consequences beyond the criminal penalties: a no-contact order that can force you out of your own home, loss of firearm rights under federal law, and a domestic violence designation on your criminal record that cannot be expunged under current Michigan law for certain offenses. Even a first-offense misdemeanor conviction can affect custody proceedings, employment, and professional licensing.
Defense approaches in domestic violence cases often focus on the circumstances of the incident — whether the contact was mutual, whether the allegations are exaggerated or fabricated in the context of a separation or custody dispute, and whether the prosecution can prove its case beyond a reasonable doubt when the only witnesses are the parties involved.
Read more: Domestic Violence Charges in MichiganMichigan's expanded Clean Slate Act, which took effect in 2021 and has been further amended since, dramatically broadened eligibility for setting aside criminal convictions. Many people who were previously ineligible — including those with multiple felony convictions — can now petition to have their records cleared. The law also introduced automatic expungement for certain misdemeanors after seven years and certain felonies after ten years, though the automatic process has been slow to implement.
Eligibility depends on the type and number of convictions, the time elapsed since sentencing or completion of supervision, and whether the offense is on the list of excluded crimes (which includes most assaultive crimes against minors, certain sex offenses, and life felonies). Traffic offenses, including OWI, became eligible for expungement under the 2023 amendments — a significant change that opens the door for thousands of Michigan residents.
The petition process requires filing in the court of conviction, notifying the prosecutor, and appearing at a hearing where the judge considers factors including your conduct since the conviction, the nature of the offense, and the impact on public safety. Having an attorney who has handled expungement hearings in Oakland County courts makes a meaningful difference in the outcome.
Read more: Michigan's Expanded Expungement LawIf your driver's license has been revoked due to multiple alcohol or drug-related driving offenses, restoring it requires a hearing before the Michigan Secretary of State's Office of Hearings and Administrative Oversight (formerly DAAD). These hearings are not criminal proceedings, but they are adversarial, evidence-intensive, and have a high denial rate for unrepresented petitioners.
To prevail, you must demonstrate by clear and convincing evidence that your alcohol or substance use problem is under control and that it is likely to remain under control. This requires a current substance use evaluation from a qualified evaluator, proof of sobriety (typically through AA attendance logs, support letters, and drug/alcohol testing), and testimony that is consistent and credible. The hearing officer will scrutinize every detail — inconsistencies between your testimony and your documentary evidence are the most common reason for denial.
Attorney representation at these hearings significantly increases the success rate. Preparation includes ensuring your substance use evaluation is thorough and properly completed, organizing your documentary evidence, and preparing you for the specific questions hearing officers ask.
Read more: Driver's License Restoration in MichiganJosh Kaplan spent a decade as a prosecutor before entering private practice. He knows how charging decisions are made, what evidence prosecutors rely on, and where their cases are vulnerable. That perspective shapes every defense strategy we build.
Understanding prosecutorial strategy is not theoretical for us. We have sat at the other table. We know which arguments move judges, which evidence gaps prosecutors try to paper over, and when a case is weaker than the charges suggest.
A significant portion of our criminal defense clients come to us through referrals from other lawyers — attorneys who handle civil matters, family law, or other practice areas and trust us with their clients' criminal cases. That kind of peer confidence is earned, not advertised.
Early representation makes a difference in every criminal case. Contact us for a confidential consultation.
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