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Eric Kutinsky
Southfield Michigan DUI Lawyer Eric Kutinsky
Southfield Michigan DUI Lawyer Eric Kutinsky
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(248) 353-3600
Southfield Michigan DUI Lawyer
Eric Kutinsky
24460 Telegraph Rd.
Southfield, MI 48034
In Michigan, driving while impaired or under the influence of alcohol or drugs (even prescribed medications) has stiff penalties and other serious consequences.
Drunk Driving Charges in Michigan
Drunk driving charges are classified in different categories based on circumstances, such as ‘‘operating while impaired’’ (OWI), ‘‘operating under the influence of intoxicating liquor’’ (OUIL) or DUI, ‘‘driving under the influence.’’
If you are convicted of an OWI offense, you will have court costs and fines, which vary depending on whether the charge is a first, second or third offense. Among other consequences, you may lose your driver’s license or serve a jail sentence, either of which curtails your freedom and your ability to earn a living.
An OWI conviction may affect you and our family in numerous ways, including:
- Fines & Court Costs
- Loss of Driver’s License
- Mandatory Jail Sentence
- Vehicle Immobilization or Impoundment
- Alcohol Abuse Assessment & Treatment
- Criminal Record
- Increased Insurance Rates
- Cancellation of Insurance
- Mandatory Alcohol Safety School
- Job loss
- Community service
Fines & Penalties
- A first time DUI conviction in Michigan carries possible penalties of a maximum sentence of $500.00 in fines in addition to court costs, 93 days in jail and 45 days of community service.
- For a second DUI offense, fines and court costs may be as high as $1000 and imprisonment up to a year.
- The third DUI is a felony offense, with fines up to $5,000 and prison sentences one to as much as five years.
When you are charged with an OWI or DUI violation, call The Michigan Legal Team. Our DUI OWI OUIL Lawyers will aggressively defend against charges of a felony or misdemeanor. Based on our broad experience with drunk driving offenses, we understand the scientific procedures involved in Breathalyzer, blood and other tests, which police officers administer to prove your guilt. Our drunk driving defense attorneys are prepared to question the reliability, accuracy and validity of tests used to determine the level of alcohol or drugs in your system. Known for tacking tough cases, we fight to protect your legal rights, and do our utmost to have the charges against you dismissed or reduced. We have the know-how to make a significant difference in the outcome of your case.
MICHIGAN 14 DAY LIMIT
If you refused to take a breath, blood or urine test after being arrested for Driving Under the Influence ( DUI ), OWI / OUIL, or another drinking related charge in Michigan, your license may be at risk of being suspended if you do not take appropriate action to demand an administrative hearing within 14 days after your arrest. Get more information about saving your driver’s license NOW before it’s too late.
Our skilled Lawyers provide legal advice and representation for clients in the Metropolitan Detroit and Tri-County area of Oakland, Wayne and Macomb Counties and in cities including Detroit, Southfield, Farmington, Novi, Commerce, Wixom, Troy, Bloomfield, Ferndale, Royal Oak, Waterford, Madison Heights, Dearborn, Romulus, Taylor, Plymouth, Sterling Heights, Warren, Shelby Township Michigan and nearby communities.
Eric I. Kutinsky Attorney Profile
Practice Areas:
- Criminal Law
- Divorce
- Drivers License Restoration
- Drunk Driving (DUI/DWI)
- Sports Law
Eric earned his Juris Doctorate at The Thomas M. Cooley Law School. Upon receiving his Juris Doctor, he clerked for the Honorable Wendy Potts at the Sixth Circuit Court in Oakland County, Michigan. During law school, Eric participated in Cooley’s Practical Learning Experience and interned at the 54-A District Court in Lansing, Michigan as a Judicial Law Clerk for Chief Judge Beverley Nettles-Nickerson.
Eric was President of The Jewish Law Students Association while at law school and was an active member of the State Bar of Michigan Student Division.
After completing his undergraduate studies at The University of Michigan, with a Bachelors degree in Business Administration, Eric clerked for Mindell, Panzer & Malin, focusing on Business Law.
Professional Organizations:
- American Bar Association
- State Bar of Michigan
- American Trial Lawyers Association
- Michigan Trial Lawyers Association
- National Association of Criminal Defense Lawyers
- Criminal Defense Attorneys of Michigan
Education:
- University of Michigan, B.B.A, June 1996
- Thomas M. Cooley Law School, J.D., September 1999
- National Criminal Defense College – Trial Practice 2005
Michigan DUI Law Highlights: BAC Levels and Implied Consent (Table 1)
State | "Per Se" BAC Level | "Zero Tolerance" BAC Level | Enhanced Penalty BAC Level | "Implied Consent" Law |
| Michigan | .08 | .02 | -- | Yes |
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 0.0), or with negligible BAC levels such as .01 or .02 percent.
"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, usually for six months to a year.
Michigan DUI Law Highlights: Selected Penalties (Table 2)
State | Administrative License Suspension/Revocation (1st/2nd/3rd Offense) | Mandatory Alcohol Education and Treatment/Assessment | Vehicle Confiscation Possible? | Ignition Interlock Device Possible? |
| Michigan | 6m/ 1y/ -- | Both | 2nd offense | 2nd offense |
Note: Persons arrested for DUI will be subject to additional criminal law penalties not addressed here -- including jail time, fines, and community service. Such criminal penalties are typically more discretionary than those identified in this chart, and are therefore more difficult to accurately predict. Generally speaking, first-time DUI offenders can expect to incur a fine, and face the possibility of jail time. Repeat DUI offenders will incur harsher fines, and will almost certainly be sentenced to a number of days in jail. Penalties will be harsher still if the DUI offender was involved in an accident in which someone else was injured or killed.
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 (see Table 1). 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, meaning that a DUI offender can avoid jail time and payment of hefty fines if he or she completes participation in the program. This chart indicates each state's utilization of alcohol education and treatment/assessment programs.
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. This chart indicates each state's utilization of vehicle confiscation as a penalty for DUI.
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 (248) 353-3600.
- 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 (248) 353-3600.
