Testimonials

Thank you very much for so ably assisting my clients at the hearing. Both of them have been essentially "lawyered to death". Both of them are very fed up with the legal system, including judges and lawyers.

After the hearing they called my office and had nothing but wonderful things to say about you. She was impressed with your professionalism, knowledge of the subject matter and knowledge of her case and your "take charge" attitude.

The purpose of this correspondence was to just thank you for taking the time to let the clients know where you thought they were at. It is always a pleasure to meet a new lawyer who is thorough, prepared, and ethical. Thank you very much for your help.

Attorney Clay Olmstead

Drunk Driving

Chart of Offenses/Penalties

Crime	1st Offense	2nd Offense
OWI/OWVI—625(1)	Misdemeanor Fine/Jail/Comm Svc:1 or more of the following:Up to 93 days jail; $100 - $500 fine; up to 45 days comm svc Licensing: 30/150 days susp./rest. Plate conf: None Immob: Permissive up to 180 days Reg Deny: None Forf: None	Misdemeanor Fine/Jail/Comm Svc:$200 - $1000 fine And one or more of the following: 5 days to 1 year jail; 30-90 days comm svc. Licensing: minimum 1 year revocation/denial Plate conf: Required Immob: Required 90 to 180 days unless forfeited. Reg Deny: None Forf: Permissive
	1st Offense	2nd Offense
OWVI—625(3)	Misdemeanor Fine/Jail/Comm Svc:1 or more of the following: Up to 93 days jail; up to $300 fine; up to 45 days comm svc. Licensing: 90 days rest. Plate conf: None Immob: Permissive up to 180 days Reg Deny: None Forf: None	Misdemeanor Fine/Jail/Comm Svc:$200 - $1000 fine And one or more of the following: 5 days to 1 year jail; 30-90 days comm svc. Licensing: minimum 1 year revocation/denial Plate conf: Required Immob: Required 90 to 180 days unless forfeited Reg Deny: None Forf: Permissive
	1st Offense	2nd Offense
Zero Tolerance—625(6)	Misdemeanor Fine/Jail/Comm Svc:Up to $250 fine OR up to 60 days comm svc, or both. Licensing: 30 days rest. Plate conf: None Immob: None Reg Deny: None Forf: None	Misdemeanor Fine/Jail/Comm Svc:One or more of the following: up to 60 days comm svc; up to $500 fine; up to 93 days jail. Licensing: 90 day susp OR if prior —625 then minimum 1 year revocation/denial Plate conf: None Immob: None Reg Deny: None Forf: None
	1st Offense	2nd Offense
Child Endangerment—625(7)	Misdemeanor Fine/Jail/Comm Svc:$200 - $1000 fine AND one or more of the following: 5 days to 1 year jail; 30-90 days comm svc. Licensing: 90/90 susp./rest. Plate conf: None Immob: Permissive up to 180 days Reg Deny: None Forf: Permissive	Felony Fine/Jail/Comm Svc:$500 - $5000 fine And either of the following: 1-5 years prison; probation with 30 days to 1 year jail AND 60-180 days comm svc. Licensing: minimum 1 year revocation/denial Plate conf: Required Immob: Required 90 to 180 days unless forfeited Reg Deny: None Forf: Permissive
	1st Offense	2nd Offense
Endangerment - Zero Tolerance w/occupant < 16	Misdemeanor Fine/Jail/Comm Svc:One or more of the following: up to 60 days comm svc; up to $500 fine; up to 93 days in jail. Licensing: 90/90 susp./rest. Plate conf: see 1st, 2nd offense Immob: see 1st & 2nd Reg Deny: None Forf: Permissive	Misdemeanor Fine/Jail/Comm Svc:$200 - $1000 fine AND one or more of the following: 5 days to 1 year jail; 30-90 days comm svc. Licensing: revoke Plate conf: see 1st, 2nd offense Immob: see 1st & 2nd Reg Deny: None Forf: Permissive
	1st Offense	2nd Offense
.04 CDL (Commercial Drivers License)—625m(1)	Misdemeanor Fine/Jail/Comm Svc:Up to $300 fine OR up to 93 days jail, or both Licensing: CDL - 1 year susp., OPR 90 days rest., HAZ - 3 year susp. Plate conf: None Immob: Permissive up to 180 days Reg Deny: None Forf: None	Misdemeanor Fine/Jail/Comm Svc:Up to $1000 fine OR up to 1 year prison, or both Licensing: CDL - minimum 10 yr rev., OPR 1 yr rev./den. Plate conf: Required Immob: Required 90 to 180 days Reg Deny: None Forf: None
	1st Offense	2nd Offense
Drug Law Violations	Misdemeanor ALL Licensing: 30/150 susp./rest.	Misdemeanor ALL Licensing: 60/365 susp./rest.

The following chart shows the penalties for Driving While License Suspended (DWLS)

	DWLS—904(1)	Knowing Allowed Someone to DWLS—904(2)
*1st Offense (no priors)** *For purposes of immobilization, priors are defined are prior mandatory additional suspension/revocation imposed pursuant to 904(10), (11), and (12); not prior convictions of DWLS	Misdemeanor Fine/Jail/Comm Svc:Up to 93 days jail; up to $500 fine, or both. Licensing: Mandatory addtional under —904(10), (11), and (12). Plate conf: None(Cancel upon notice by officer) Immob: None Reg Deny: None Forf: None	Same sanctions as shown to the left
	DWLS—904(1)	Knowing Allowed Someone to DWLS—904(2)
*2nd Offense or 1 prior 904 susp. within 7 years**	Misdemeanor Fine/Jail/Comm Svc:Up to 1 year jail; up to $1000 fine, or both. Licensing: Mandatory additional under —904(10), (11) and (12). Plate conf: None(Cancel upon notice by officer) Immob: Permissive up to 180 days Reg Deny: None Forf: None	Same sanctions as shown to the left
	DWLS—904(1)	Knowing Allowed Someone to DWLS—904(2)
*3rd Offense or 2 prior 904 susp. within 7 years**	Misdemeanor Criminal - SameLicensing: Mandatory additional under —904(10), (11), and (12). Plate conf: Required Immob: 90 to 180 days Reg Deny: None Forf: None	Same sanctions as shown to the left
	DWLS—904(1)	Knowing Allowed Someone to DWLS—904(2)
*4th Offense or 3 prior 904 susp. within 7 years**	Misdemeanor Criminal - SameLicensing: Mandatory additional under —904(10), (11), and (12). Plate conf: Required Immob: 90 to 180 days Reg Deny: Required Forf: None	Same sanctions as shown to the left
	DWLS—904(1)	Knowing Allowed Someone to DWLS—904(2)
*5th Offense or 4 prior 904 susp. within 7 years**	Misdemeanor Criminal - SameLicensing: Mandatory additional under —904(10), (11) and (12). Plate conf: Required Immob: 1 - 3 years Reg Deny: RequiredForf: None	Same sanctions as shown to the left

License Suspension: Minors in Possession of Alcohol, minor Transports or Possesses Alcohol in Motor Vehicle

1st Offense	None
2nd Offense	Suspended 90-180 daysRestricted Available After 30 days.
3rd Offense	Suspended 180 days - 1 yearRestricted Available After 60 days.

Screening and Additional Costs. All Convictions for alcohol related driving offenses require the judge to order the defendant to undergo screening for substance abuse, and rehabilitation may be part of any sentence, all at defendant's expense. [MCL 257.625b(5)] In addition, the defendant may be ordered to pay the cost of prosecution. [MCL 257.625(12)]
License Suspensions and Restrictions. The maximum possible license sanction that may be imposed will be based upon the master driving record maintained by the Secretary of State under MCL 257.204. [MCL 257.625b(4)]. Sentences and licensing action also apply to a person convicted of an attempted violation of any of the offenses listed above as if the offense had been completed. [MCL 257.204b(b)] Anyone driving while license suspended or revoked is also subject to license suspension or revocation for a like period of the original suspension or revocation.

Our web site is intended to be used for general information only. The purpose of our site is to inform visitors of the nature of legal services offered by Michigan Attorney Gerald F. Chefalo. The information contained herein is not intended as specific legal advise. We caution that use of our web site or attempting to contact our office via e-mail will not establish an attorney-client relationship. An attorney-client relationship is established by the express written consent of Gerald F. Chefalo by means of a retainer agreement.

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Testimonials

Drunk Driving

Chart of Offenses/Penalties