Clinton Township Michigan DUI Lawyer Cy Matthew Abdo
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(586) 412-5555
Clinton Township Michigan DUI Lawyer
Cy Matthew Abdo 42550 Garfield Rd. Suite #104-A Clinton Township, MI 43038
Serving All Detriot Metro-Areas, Including Macomb, Oakland, Wayne, and St. Clair Counties
Criminal - Drunk Driving Defense Lawyer Since 1980, the Law Office of Cy M. Abdo has provided aggressive and personal legal representation in the areas of criminal and drunk driving defense. Cy M. Abdo has a firm understanding of how to argue Michigan law for the benefit of his clients' protection and with the utmost respect and attention for each individual's situation. His office provides representation for adults and juveniles, first or repeat offenders of Michigan's drunk driving laws.
In Michigan "Operating While Intoxicated" (OWI) means operating a motor vehicle while under the influence of alcohol to a degree that renders one unable to safely drive a vehicle. It is not necessary for one to be drunk to be arrested for or convicted of OWI in Michigan. Michigan OWI convictions can be obtained where a person operates with a blood alcohol level (BAC) of .08 or higher, or a test shows the presence of certain drugs or marijuana. Additionally, many states impose a "zero tolerance" standard for drivers under the age of 21. In addition, evidence to support OWI may be based on the officer's observations of the individual.
When Can Police Stop a Vehicle? Police may stop a driver for any violation of the vehicle code. Drivers are often stopped for straddling lane markers, weaving between lanes, driving at excessive or very slow speeds, braking erractically, obstructed vision, defective equipment, coming in close contact with objects or other vehicles, or while fixing a flat tire! You can be charged and convicted with OWI if the police had probable cause to believe you were operating the vehicle which was involved in the accident.
How Do Police Determine Whether a Driver is Intoxicated? Police use three methods to determine whether a driver is under the influence of alcohol or drugs. First, police may observe the driver for objective signs of intoxication. Objective signs of intoxication include a distinct odor or alcohol coming from the driver, red, watery eyes, and slurred speech. Second, police will assess a driver's ability to perform field sobriety tests. Field sobriety tests are scientifically designed to test a driver's balance and motor skills. Police may ask a driver to perform tasks such as walking heel-to-toe in a straight line, standing on one leg, or reciting the alphabet backwards. if a driver fails one or more of these tasks, the officer may request that the driver take a chemical test to measure the driver's blood alcohol level (BAC). A test result of .08% or greater will result in a charge of OWI. Effective 10/31/10, a test result of .17% or greater will support prosecution under the new Super Drunk Law.
Penalties for Drunk Driving in Michigan May Include:
License suspension, revocation, or restrictions with ignition interlock
Jail from 93 days for a first offense and 1-5 years for a third offense (felony) in your lifetime
Substance abuse counseling for up to 1 year at cost of the offender
Vehicle immobilization or complete forfeiture
Driver responsibility fees to Michigan from $500.00 per year to $1000.00 per year for 2 years
Up to 2 years probation for a misdemeanor and 5 years for a felony with monthly oversight costs
Police and municipal response for effectuating arrest of person
House arrest or sobriety monitoring
Fines and court costs in excess of $1000.00
Cy Matthew Abdo is in the Bar Register of Preeminent Lawyers and has earned Martindale-Hubble® AV-Rated®. This rating signifies exceptional legal ability and very high adherence to professional standards of conduct and ethics. The rating is the highest bestowed. In addition, Cy was named TOP LAWYER in 2010 dbusiness magazine.
The Law Office of Cy Matthew Abdo wants you to understand the laws pertaining to drunk driving. These penalties are serious and almost impossible to avoid without the assistance of an attorney. A new Super Drunk Law takes effect in Michigan on October 31, 2010 making it a more serious crime if someone has a breath test of .17% or greater.
States/Courts Admitted: State Bar of Michigan United States District Court, Eastern District of Michigan
Practice Areas:
Criminal Defense
Felony & Misdemeanor Cases
Adult & Juvenile Defenders
First & Repeat Offenders
All Drunk Driving - Including repeat Drunk Drivers and Drunk Drivers involving
Law School: 1980, Thomas M. Cooling Law School
Undergrad: 1977, Michigan State University
Certifications: Preeminent Attorney (Highest Rating) by Martindale-Hubbell
Past Positions: Prosecuting Attorneys Association of Michigan
Memberships: State Bar of Michigan Macomb Bar Association
Firm Established: 1980
DEFINITIONS: "Per Se" Blood Alcohol Concentration (BAC) Level As of August 2005, all states have DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary.
"Zero Tolerance" Blood Alcohol Concentration (BAC) Level All states carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.2).
"Enhanced Penalty" Blood Alcohol Concentration (BAC) Level Many states impose harsher penalties on DUI offenders with a particularly high BAC at the time of the offense, typically .15 to .20 percent. DUI offenders with a BAC at or above their state's enhanced penalty standards will likely face additional jail time, harsher fines, and more severe driver's license sanctions.
"Implied Consent" Laws "Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license.
DEFINITIONS: Administrative License Suspension/Revocation The Administrative License Suspension/Revocation penalties indicated here refer to minimum mandatory penalties imposed on drivers whose BAC is above the state limit for intoxication, or drivers who refuse to submit to BAC testing. Administrative suspension or revocation of a driver's license is usually carried out by a state agency (such as a Department of Motor Vehicles), distinct from any criminal court penalties. Most states impose harsher penalties for second or third DUI offenses, typically defined as those that occur within five years of a prior DUI offense.
Note: the penalties identified here do not include variations for DUI offenders operating commercial vehicles, or drivers who have violated "zero tolerance" and "enhanced penalty" DUI laws . Most states recognize different sanctions for these types of DUI offenses.
Mandatory Alcohol Education and Assessment/Treatment Alcohol education and treatment/assessment penalties for DUI offenders can include mandatory attendance at DUI prevention programs, and assessment of potential alcohol dependency problems. Such programs are often made "conditions" of a suspended sentence or probation.
Vehicle Confiscation Vehicle confiscation penalties allow a motor vehicle department or law enforcement agency to seize a DUI offender's vehicle, either permanently or for a set period of time. Such penalties typically apply only to repeat DUI offenders, and often the return of the vehicle requires payment of fines and significant administrative costs.
Ignition Interlock A vehicle ignition interlock breath-testing device measures a vehicle operator's BAC, and will prevent operation of the vehicle if more than a minimal amount of alcohol is detected (i.e. BAC level of .02). DUI offenders will usually be required to pay the costs of installation, rental, and maintenance of an ignition interlock device. This chart indicates each state's utilization of ignition interlock devices as a penalty for DUI.
COMMONLY ASKED QUESTIONS AND ANSWERS
TYPE OF CASES OUR FIRM HANDLES I handle many types of cases to bench and jury trials including DUI, Criminal and Traffic.
WE THINK YOU SHOULD HIRE US IF: You want a lawyer who will personally handle your file and will be available for consultation afternoons, evenings and weekends. I will fairly evaluate your case and determine the most favorable course. I will not hesitate to go to trial on your case; that decision, however, will ultimately be yours.
OUR FIRM IS NOT RIGHT FOR YOU IF: You are looking for a lawyer who will only tell you what you want to hear. I will work with you to honestly assess the facts of the case.
IF YOU WANT TO TELL OUR LAW FIRM ABOUT YOUR SITUATION YOU SHOULD: I personally communicate with you whenever possible. If I am in Court when you call, you can leave a message. I personally guarantee you will hear back from me in 24-hours, or less - most often, much less. My office phone is (586) 412-5555.
THE TYPICAL COST TO GET US TO START WORKING ON YOUR CASE IS: The cost varies depending on the allegation and facts of the case. A fee will be quoted at our initial consultation.
OUR CLIENTS WILL TELL YOU THAT: My level of experience, knowledge of the law, and personal familiarity with the judges, prosecutors, and system is a great advantage. In addition my personal and regular contact with clients, availability and involvement with every aspect of the case bring the most favorable results.
OUR PHILOSOPHY ON HOW WE APPROACH OUR CASES IS: Depending on the type of case I like to find out as much as I can about the facts of the case and talk to anyone who can help our defense. At that time we can discuss our options. The stronger our defense appears to the prosecutor, the better our chances are of getting a favorable result.
IF YOU WANT TO LEARN MORE ABOUT OUR FIRM YOU SHOULD: During our free initial consultation I will answer any questions. Please call (586) 412-5555.
