Invalid Traffic Stop
If the officer lacked reasonable suspicion to pull you over, the evidence gathered afterward may be suppressed.
Oakland County OWI defense
OWI Lawyer in Oakland County, Michigan
An OWI arrest can move quickly from roadside stop to court dates, license consequences, and long-term disruption. Brikho Law brings a trial-focused plan to the first call, the first hearing, and every decision after.
When the call cannot wait
Arrested or cited tonight? Call before you explain your case to anyone.
Direct response for urgent case questions
Immediate Action
What to Do in the First 24 Hours
- 1Document everything you remember about the stop, including what the officer said and how field sobriety tests were administered.
- 2Do not discuss the incident on social media or with anyone other than an attorney.
- 3Contact an attorney before your arraignment to discuss bond conditions and potential license implications.
Statutory Definitions
How Michigan Law Defines the Charge
MCL 257.625 (Operating While Intoxicated)
Under MCL 257.625, it is illegal to operate a vehicle if you are under the influence of alcoholic liquor, a controlled substance, or have a bodily alcohol content (BAC) of 0.08 or more. Note: Statute details must be verified by an attorney before relying on them for your specific case.
Consequences
Potential Penalties
Penalties escalate based on prior offenses and BAC level. These are general guidelines; verify specific exposure with an attorney before publication or reliance.
| Offense | Jail/Prison | Fines | Other Ramifications |
|---|---|---|---|
| 1st Offense (BAC < 0.17) | Up to 93 days | $100 - $500 | Up to 360 hours community service, up to 180 days license suspension (restricted after 30 days) |
| 1st Offense (High BAC 0.17+) | Up to 180 days | $200 - $700 | 1-year license suspension (restricted after 45 days, interlock required), mandatory treatment |
| 2nd Offense (within 7 years) | 5 days to 1 year | $200 - $1,000 | 30-90 days community service, 1-year license revocation, license plate confiscation |
| 3rd Offense (Felony, lifetime) | 1-5 years prison or 30 days to 1 year jail | $500 - $5,000 | Up to 5-year license revocation, vehicle forfeiture |
Jurisdiction
Oakland County Courts
We actively represent clients across the entire local jurisdiction, including the 6th Circuit Court and all district divisions:
43rd District Court (Ferndale, Hazel Park, Madison Heights)
44th District Court (Royal Oak, Berkley)
45th District Court (Oak Park, Huntington Woods)
46th District Court (Southfield, Lathrup Village)
47th District Court (Farmington, Farmington Hills)
48th District Court (Bloomfield Hills, Birmingham, West Bloomfield)
50th District Court (Pontiac)
51st District Court (Waterford)
52-1 District Court (Novi, Commerce, South Lyon, Walled Lake, Wixom)
52-2 District Court (Clarkston, Independence Twp, Springfield Twp, White Lake)
52-3 District Court (Rochester, Rochester Hills, Auburn Hills, Oxford, Orion, Lake Angelus)
52-4 District Court (Troy, Clawson)
6th Circuit Court (Pontiac)
The Procedure
Arraignment, Bond, and Pretrial
Your first court appearance is the arraignment. Here, the judge sets your bond and its conditions. In Oakland County, courts often impose strict pretrial conditions such as random alcohol testing (Tether or Soberlink) and travel restrictions.
During the pretrial phase, we gather evidence, including body-cam footage, Datamaster results, and police reports, to identify weaknesses in the prosecution's case before negotiations or trial.
Legal Strategy
Common Defenses
Flawed Field Sobriety Tests
Standardized tests must be administered according to NHTSA guidelines; deviations can invalidate the results.
Chemical Testing Errors
Breathalyzers must be properly calibrated and maintained, and blood draws must follow strict protocols.
Our Approach
Why Choose Brikho Law
Miguel Brikho is a trial-focused attorney who knows Oakland County courtrooms. We analyze the specific local procedures, the prosecuting attorney's tendencies, and the judge's sentencing history to build your defense.
We provide clear-eyed, practical counsel based on the actual evidence. We prepare your case for trial while evaluating every negotiation avenue, without making unrealistic promises about the outcome.
Before you call
Frequently Asked Questions
General information cannot replace advice about your specific facts. It can help you know which documents and deadlines to bring to the conversation.
Should I contact a lawyer before my first court date?
Yes. Early advice can affect what you say, which records are preserved, and how quickly license or bond issues are addressed. Call as soon as you can, especially if you have a date on a citation or bond paperwork.
What happens to my driver’s license after an OWI arrest?
The answer depends on the test result, prior history, and what happened during the stop. Some license issues have short deadlines and require a separate administrative response. Bring your paperwork to the consultation so those dates can be identified.
Do I have to plead guilty at my first appearance?
Not usually. A first appearance often addresses bond, advisements, and scheduling. Do not make a decision about a plea before you understand the evidence and the consequences attached to it.
Can an OWI case go to trial?
Yes. Every case should be prepared with trial issues in mind, even while other resolutions are evaluated. Testing, observations, video, and procedure may all matter to the defense.
What is an implied consent suspension?
Refusing the official chemical test leads to an automatic 1-year license suspension under Michigan law. You only have 14 days to appeal this suspension.
Will I have to take random alcohol tests while on bond?
Testing is very common in Oakland County. Even for first offenses, judges frequently order random breath testing or require a Soberlink device while the case is pending.
Does Oakland County offer sobriety courts?
Yes. Several district courts in the county operate specialized sobriety court programs that may offer restricted driving privileges and focus on rehabilitation for eligible offenders.
Can my OWI be expunged later?
Michigan law now allows for the expungement of one first-offense OWI under specific, strict conditions following a waiting period. This depends heavily on your complete record.
OWI / DUI
Put the facts in the right hands.
Share only what you are comfortable putting in a first message. We will contact you to discuss the accusation, any orders, and the next court event.
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(248) 294-1111Attorney-client relationship: Sending a message or submitting this form does not create an attorney-client relationship. Representation begins only after a written agreement is signed. This page provides general information, not definitive legal advice. Details like statutes and penalties must be verified by an attorney for your specific situation.