Will I have to go to jail for getting an OWI? 6 Answers as of April 25, 2011

I was pulled over in Trenton Mi, and was arrested for an OWI, operating while intoxicated, and I blew a .21. My court date is May 4th. I understand the stricter enforcements involved, but am I looking at jail time here? This is my first offense and I'm a single mother and a full time nursing student. Has Michigan judges been convicted under this new law with jail sentences? My court papers say city of Trenton versus me, if that means anything.

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Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
Thank you for your inquiry. It is possible/likely that you will not go to jail. However, your actions prior to going to court will be significant. With a .21 BAC, the Court will assume a problem with alcohol, and treatment should be started immediately. It does not matter whether or not you feel treatment is warranted, this is a matter of addressing a problem so that you do not go to jail. The fact that you are charged by the City of Trenton was a break. You could have been charged under the "Super Drunk" law, which applies to a 1st offender with a BAC of .17 or greater. If so, there would have been greater penalties. I interested in having legal representation, you should contact me to arrange an appointment. I would look forward to speaking with you.
Answer Applies to: Michigan
Replied: 4/25/2011
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
For first time offenders, it increases the potential jail time from 93 days to 180 days and fines from $200 up to $700. You may be required to use an interlock device on your vehicle. Jail for first time offenders is rare, but still possible and does occasionally happen in some jurisdictions, but it is not very likely. The fact that you are a full-time student and single mother will help. I would suggest retaining a good experienced DUI attorney. They are worth every bit of their fee because in the long run they can save you tons in fines, costs, higher insurance premiums, etc. They can also spot problems in police reports and lab results that could get the charges reduced or dismissed.
Answer Applies to: Michigan
Replied: 4/25/2011
Nichols Law Firm
Nichols Law Firm | Michael J. Nichols
You may go to jail although many first time offenders do not. There are many other consequences of which you should be aware.
Answer Applies to: Michigan
Replied: 4/25/2011
Law Office of Gary Lazar
Law Office of Gary Lazar | Gary Lazar
The new "super drunk" law that you are charged under carries higher fines and more penalties, but doesn't necessarily mean that your chances of going to jail are any greater than just being charged with a straight ahead OWI. If you are found guilty under the new law, besides the higher fines, the biggest change is that you will be forced to have a breathalyzer installed in your car for a year. As far as jail is concerned, it's all about the judge. Most judges in the Detroit metro area do not put most people in jail for a first OWI. The notable exception is Judge Small in Bloomfield Hills who sentences everyone to jail on a first. If you have a good lawyer, you stand a decent chance of avoiding jail.
Answer Applies to: Michigan
Replied: 4/25/2011
Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
A 0.21 is considered "super-drunk" under the recent legislation which applies to having a bodily alcohol content (BAC) of 0.17 or higher. This would mean facing a more severe charge, but you say that it is your first offense. The best and most accurate answer I can give you regarding your question is that.....you will not go to jail if you hire the right lawyer. A lawyer can fight for you to receive less severe outcomes and can help you to a better resolution. I recommend looking on google for lawyer with great rankings and client reviews with over 30 years of experience in this area of the law, such as myself.
Answer Applies to: Michigan
Replied: 4/25/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    You had a very high bac, and will be facing the new super drunk laws, but as a first offender, with the right attorney, jail can be avoided. There are many strategies to put into place before court. Click on the link to the left to call me and discuss the case.
    Answer Applies to: Michigan
    Replied: 4/25/2011
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