The Law Office of Mattias Johnson

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In reading this blog you understand that this information is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice. This blog should not be used as a substitute for competent legal advice from a licensed attorney.  

Posts tagged OWI
Operating While Visibly Impaired

The first thing that any attorney should do when a client comes in after being charged with some form of Driving Under the Influence is review the traffic stop, the arrest, and the test results.  People in these situations have certain rights and a violation of these rights may allow an experienced defense attorney to get the charges dropped.

Far more often, law enforcement has done their job properly and a client must choose carefully how to proceed.  Certain cases where a client registered a blood alcohol level at or only slightly above the legal limit, may be worthwhile to take to trial.  Others, such as where the blood alcohol tests show results well in excess of the legal limit, should seek to limit exposure by entertaining the idea of a plea deal to a lesser charge. 

The ultimate plea deal for my clients in these situation is a plea to Operating While Visibly Impaired.  Unlike a plea to Operating While Intoxicated, Operating While Visibly impaired carries with it no mandatory license suspension and a lesser period of time under which the client will have a restricted license.  The fines are also significantly less as are the points added by the Secretary of State to that person’s license. 

Unlike in bigger cities who can utilize public transportation, people in Northern Michigan who lose their driver’s license for 30 days may also lose their job. If you or someone you know has been charged with any form of Driving Under the Influence, have them give The Law Office of Mattias Johnson a call and see if this lesser charge may be an option.