Attorney Shelly has vast experience with getting people the treatment that they need. With her exposure to the Genesee County Drug Court and her involvement with the Genesee County Sobriety Court, Attorney Shelly can give clients the tools they need to succeed and get them the help that they want.

 

Common Alcohol-Related Charges

  • DWI- Driving While Intoxicated
  • OWI- Operating While INtoxicated
  • DUI- Driving Under the Influence 
  • UBAL- Unlawful Blood Alcohol Level

 

What to expect if convicted of an alcohol-related charge

If you’re lucky, you’ll walk away with getting points on your driving record. If you’re charged with a felony you could face 90+ days in jail, $500 fine, probation, random alcohol screenings, substance abuse treatment.

 

Consecutive Offenses

If you have been convicted of an alcohol offense in the past seven years, a new charge will be considered a ‘second offense.’ Jail time is most likely if convicted.  A second offense may be punishable by up to one-year incarceration and/or 30 days of community service, a fine of $200-$1,000, up to two years probation and a period of substance abuse education or possible treatment. Often, the driver’s vehicle must be immobilized for at least 90 days if it’s not forfeited.

If you are convicted for a third time in your life, it is considered a felony punishable by a minimum of 30 days in jail and fine of $5,000+.   If the vehicle is not forfeited, you may also face up to five years of probation and vehicle immobilization for at least one year. You may not be able to apply for a driver’s license for five years if your driver’s license has not been permanently revoked.

 

Super Drunk

If you’ve been charged with a “Super Drunk” then, you had a high BAC of= .17% or higher. Potentially,  you could face over $700 in fines, up to 180 days in jail and up to two years probation. In addition to points on your license, You can also expect mandatory alcohol treatment or education. A restricted license is required for one year with an interlock device after a determined period of revoking your driver’s license altogether.

 

Serious Personal Injury Resulting From Drunk Driving

Individuals accused of drunk driving resulting in a serious personal injury face up to five years in prison, a fine of $5,000+, and a revoked driving privileges for at least one year.

A fatality resulting from drunk driving is a felony punishable by up to 15 years incarceration, a fine of $1,000-$5,000, and a revoked driver license for no less than one year. For maximal situations, the driver can be charged with manslaughter (15-year felony) or also be charged with second-degree murder, facing up to life in prison.

 

Underage Passengers

If you are stopped for drinking and driving and with a passenger under 16 years old, you could face up to a year in jail with a minimum of 90 days complete loss of driving privileges. This is in addition to the actual alcohol charge.

 

Other Offenses

In addition, operating a vehicle while under the influence of drugs or medication, including marijuana or over the counter medication, the offense is treated like a drunk driving conviction. There may be exceptions for medical marijuana patients. You are not excused from this crime but you may have defenses.