Trust a Former Prosecutor to Give You the Best Possible Defense!

As an experienced Michigan Drunk Driving Attorney, I appear in courts throughout the Detroit and Southeast Michigan area, representing persons accused of drunk driving.

Your ticket or bond receipt may say OWI, OUIL, UBAL, UBAC, Per se, or OWVI. You may call it DUI, or DWI, or DUIL. You may have been arrested in Dearborn, Detroit, Allen Park, Woodhaven, or Grosse Pointe Woods. They may have stopped you in Northville, Ann Arbor, Monroe, Taylor, Romulus, or Novi.

It all comes down to this: You've got a serious problem. You've been charged with a crime. That charge can take your driver's license. It can put you in jail. It can cost you years of extra insurance premiums and driver responsibility fees, not to mention fines and court costs. It can take away your CDL (Commercial Driver's License). It can put you on probation for years.

I have been a practicing attorney for thirty years, and have focused on drunk driving cases and driver's license restorations for almost all of that time. The national concern about drunk driving is justifiable, but you are entitled to a full and vigorous defense. Just because you are accused, doesn't mean you are guilty, and it certainly doesn't mean the prosecutor can prove you guilty.

As a former prosecutor for both the City of Dearborn Heights, in Wayne County, and for the City of Troy, in Oakland County, I have seen the Michigan drunk driving law from both sides. If you've got a defense, I will probably recognize it, because it was probably used against me while I was a prosecutor.

In addition to my five years of experience prosecuting drunk driving cases, I have attended specialized seminars on drunk driving defense presented by the National Association of Criminal Defense Lawyers, of which I am a member, the Minnesota Society for Criminal Justice, and the Michigan Institute for Continuing Legal Education, in Ann Arbor. I have been defending against drunk driving charges from my present location in Dearborn Heights, outside of Detroit, for over twenty years. I travel throughout southeast Michigan, to district and circuit courts. I also appear at the Secretary of State Driver License Appeal Division (DLAD), also called Driver Assessment and Appeal Division (DAAD), on driver's license restoration hearings and implied consent hearings.

Among the charges I defend against are:

• OWI (Operating While Intoxicated)
  • also called DWI (Driving While Intoxicated)
  • also called DUI (Driving Under the Influence)
  • also called OUIL (Operating Under the Influence of Intoxicating Liquor)
  • also called OUI (Operating Under the Influence)
  • also called Drunk Driving
• UBAC (Unlawful Bodily Alcohol Content)
  • also called UBAL (Unlawful Blood Alcohol Level)
  • also called Per se
    
• OWVI (Operating While Visibly Impaired due to the Consumption of Alcohol)
  • also called OWAI (Operating While Ability Impaired)
  • also called Impaired Driving
• OWICS (Operating While Intoxicated by a Controlled Substance)
  • also called OWIN (Operating While Intoxicated by Narcotics)
  • also called OWID (Operating While Intoxicated by Drugs)
  • also called OUID (Operating Under the Influence of Drugs)
• OWPD (Operating With the Presence of Drugs)
• Zero Tolerance (Junior UBAL)
• Open Intoxicants in a Motor Vehicle
• Child Endangerment
• MIP (Minor in Possession of Alcohol)
• PBT Refusal (Preliminary Breath Test Refusal)
• Probation Violations
  • also called Show Cause Hearings
• DWLS (Driving While License Suspended)
  • also called DDS
• DWLR (Driving While License Revoked)
  • also called DDR

If you are charged with any of these offenses, whatever you do, get the help of an attorney who is very knowledgeable in the area of vehicular alcohol and substance crimes. Do not go to court assuming that you must plead guilty to whatever the prosecutor might offer you. The prosecutor is not looking to find your defenses. A trained and experienced OWI defense attorney will find those defenses. Be wary of courts that offer a court-appointed attorney who will spend only a few minutes on your individual case. Many court-appointed attorneys are well-qualified, but they cannot devote the time to your OWI case that an attorney you hire yourself will spend on your case.

When you first come in to see me, I will spend two to three hours with you, exploring the incident in detail, from the events leading up to when you drove, through your contact with the police, up to the point of your release from custody. I will search for your defenses. This interview provides me with the foundation I need to properly defend you.

Outstanding results can be achieved without the need for lengthy proceedings, if a prosecutor is presented with a convincing legal argument. Because I prosecuted drunk driving cases for about five years, I know how to approach a prosecutor for maximum effectiveness. I have a very good rapport with prosecutors.

I have been an attorney in this area for thirty years. Most judges in southeastern Michigan know that I conduct business in the courtroom in an effective and respectful manner.

If you are trying to get back a driver’s license, I will counsel you on the best way to go about the process, and assist you with the key elements needed for success. I believe that the Hearing Officers at the Secretary of State respect my professionalism in the manner I handle license restoration hearings.

I get to know my clients as individuals. As a skilled Michigan Drunk Driving Attorney, I conduct all interviews and court appearances and hearings myself. I will explain to you the procedures and your options. I will strive to understand your personality, your needs, and your goals, so that I can present your situation in the most favorable manner possible to the Prosecutor, the Judge, or the Hearing Officer, thus securing for you the best possible outcome. It is what I call “Individual Attention with a Personal Approach.”

• People vs. K.H. – No proof of driving. OWI and DWLS reduced to Loitering.
• People vs. L.G. – Police had no legal basis for stopping vehicle. Zero Tolerance, DWLS, Possession of Marijuana, and Possession of Drug Paraphernalia all dismissed.
• People vs. C.W. – Dispute concerning legal basis for stopping vehicle. OWI reduced to Careless Driving (Civil Infraction).
• People vs. S.W. – Police had no legal basis for stopping vehicle. Minor in Possession dismissed.
• People vs. G.S. – Insufficient intent established. Filing False Police Report (of auto accident) dismissed.

If you or someone you know needs the assistance of an experienced Michigan Drunk Driving Attorney, call Frank B. Ford today at  866-338-4488, or complete the contact form provided on this site.

Former Prosecutor to Represent You!

Practice Areas

Drunk Driving (OWI, DWI, DUI, DUIL, OUI, OUIL, UBAL, UBAC, Per se)
In Michigan, the main drunk driving charge is called OWI, which means, "Operating a Vehicle while Intoxicated." It used to be called OUIL, and before that, it was called DUIL. In other states, and here in Michigan, too, the charge is often referred to as DUI or DWI. If you took a breath test, you may also have a ticket or other papers that say "per se" or UBAC, which means "Unlawful Bodily Alcohol Content," but it is often referred to as UBAL, because when the charge was first created, it used to be called "Unlawful Blood Alcohol Level." UBAC is now one of the two ways a prosecutor can try to convict you of OWI.  If you have been charged with OWI or any drinking and driving offense, either as a misdemeanor or as a felony, you need the services of Frank B. Ford, an attorney who practices primarily in the areas of drunk driving defense, OWI, and related topics, so you know you are getting up to date, specialized representation, from an attorney who will dig deep for your defenses and fight hard for your rights. There is still a Constitution!

Impaired Driving (OWVI, OWAI)
In Michigan, Impaired Driving or "Operating a vehicle while Visibly Impaired due to the Consumption of Intoxicants" (OWVI) is a "lesser included offense" of drunk driving (OWI). Occasionally, a person may be charged with Impaired Driving from the start. People often assume that a plea to Impaired is the only option for a person charged with drunk driving, if they are even given that option. However, a plea to Impaired should be looked at as a last resort, after all other options have been fully explored.

Operating while Intoxicated by a Controlled Substance (OWICS, OWIN, OUID)
Operating while Visibly Impaired by a Controlled Substance (OWVICS or OWVIN)
Operating with the Presence of Drugs (OWPD)
Driving while under the influence of drugs, even prescribed medications, carries the same types of penalties as drunk driving, and Impaired by drugs carries the same types of penalties as Impaired by alcohol. It is technically a violation of law to simply operate a vehicle with the presence of certain drugs in your system, but never assume that they can make the charges hold up in court.

Zero Tolerance (Jr. UBAL)
If you are under 21, and you didn't blow high enough to be charged with Impaired, you will be charged with Zero Tolerance. A conviction for Zero Tolerance is not as bad as OWI or OWVI, but it still affects your driving record, and can count against you in the future. An experienced drunk driving defense attorney should be retained.

Child Endangerment
If a child under the age of sixteen was in your car when you were stopped for drunk driving, you can be charged with Child Endangerment. A Child Endangerment charge after a previous drinking and driving conviction will be charged as a felony. Retaining a lawyer who focuses on drunk driving cases is essential.

PBT Refusal (Preliminary Breath Test Refusal)
This charge is a Civil Infraction, so it is not as serious as a drunk driving charge, and it refers to the hand-held breath tester the police use on the road. Many people confuse the PBT with the breath test in the police station. In Michigan, you get charged with a violation of the law for not taking the PBT, and you do not get charged with a violation of law for not taking the test on the big machine in the station. Instead, not taking the test in the station leads to an administrative procedure called the Implied Consent Law.

Implied Consent Refusal Suspension Hearings
Driver License Appeal Division (DLAD, also called DAAD)

If you did not take a breath test on the machine in the police station (officially called the BAC Datamaster, not the Breathalyzer) (or at the Sheriff's Department or Michigan State Police post), or if you tried to take one and they say you didn't, you should have a form that says "Request for Hearing" at the bottom. That form is usually attached to the Michigan Temporary Driving Permit. If you did not receive such a form, you should contact a drunk driving defense attorney immediately. You must fill out the Request for Hearing and mail it to the address in Lansing printed on the form within fourteen days of the date of the incident. If you do not, you will lose your driver's license for at least one year. An experienced defense attorney will assist you in properly filling out that form. Unfortunately, it is sometimes necessary for an attorney to draft a Request for Hearing from scratch, because the police fail to give the person the form. All four issues on the form should be examined by an attorney, to assist you in contesting the officer's allegation that you refused their test. There are operator refusals, machine refusals, and actual refusals. There are defenses that can be raised against all of them.

Driver's License Restoration Hearings
Driver License Appeal Division (DLAD, also called DAAD)

If you have lost your license for multiple drunk driving convictions, your license is probably "revoked." This is different from being suspended, which is usually just a matter of waiting out the time and then getting your license back. With a revocation, your license is considered terminated. Unless it is a very old revocation, you have to go to the Secretary of State Driver License Appeal Division (DLAD) (also called Driver Assessment and Appeal Division, or DAAD) to try to get your license back. In almost all cases, you only get one try per year, so you'd better be well prepared for your hearing when you go to DLAD. Frank B. Ford, an attorney who is well experienced in such hearings, is crucial to your success. Don't go to DLAD unprepared!

License Restoration Appeals to Circuit Court
In very limited circumstances, a decision of the Driver License Appeal Division concerning an appeal of a revocation can be appealed to the Circuit Court. A first Implied Consent Refusal Suspension (in a seven year period) can be appealed to the Circuit Court on the basis of hardship for a restricted license.

Sentencing Issues
If you are ultimately convicted of a drinking and driving offense, you will be standing in front of a judge for sentencing. This is an area that even some experienced drunk driving defense attorneys overlook, but it is critical to the ultimate result of the prosecution and its effects on you. Frank B. Ford, an attorney who is fully dedicated to serving you, will vigorously speak on your behalf at your sentencing, if your case comes to that. Knowing you, is a vital part of knowing how to present you to the judge at sentencing. Your attorney, taking the time to get to know you and your admirable qualities, is part of what makes a sentencing presentation effective. Mr. Ford, vigorously presenting the information to the judge, then gives you the best chance for a fair and lenient sentence.

Driving while License Suspended (DWLS)
Driving while License Revoked (DWLR)
If you have lost your license for some reason, and have been pulled over and charged with driving while suspended or revoked, you still should seek the services of a knowledgeable attorney. As with any traffic crime, there are statutory and constitutional issues that need to be examined in these cases. Did the officer have a legal justification to stop you in the first place?

Probation Violations
If you have been placed on probation, and now are being accused of violating your probation, you should have experienced attorney Frank B. Ford representing you, to try to smooth out the situation, or, if appropriate, to vigorously defend against the allegation.

Traffic Tickets
If you receive a traffic citation, you should have the services of experienced traffic attorney Frank B. Ford to help you obtain the best result possible. Keeping points off your driving record is often an attainable goal.

Other Criminal Matters
This office handles certain other criminal matters. Call for details.

Call me! 866-338-4488. My experience is what you are looking for. My personal approach is what you need and deserve. I will give you EXPERIENCED INDIVIDUAL ATTENTION WITH A PERSONAL APPROACH.

If you or someone you know needs the assistance of an experienced Michigan Drunk Driving Attorney, call Frank B. Ford today at 866-338-4488, or complete the contact form provided on this site.

ADDRESS OF THE FIRM:
Frank B. Ford, Attorney and Counselor at Law
5944 Dacosta
Dearborn Heights, MI 48127
Telephone:  866-338-4488
Fax: 313-565-6717

MEMBER OF THE FIRM:

Frank B. Ford

EDUCATION:

• Washington University in St. Louis, A.B., 1970
• University of Connecticut, M.F.A., 1972
• Wayne State University, J.D., 1977

JURISDICTIONS:

• Michigan

PROFESSIONAL MEMBERSHIPS AND ACTIVITIES:

• State Bar of Michigan
• Suburban Bar Association of Western Wayne County (current President)
• National Association of Criminal Defense Lawyer
• Assistant City Attorney and Prosecutor, City of Dearborn Heights (1980-82)
• Assistant City Attorney and Prosecutor, City of Troy (1982-85)
• Sole practitioner since May, 1985. See some results!

Frequently Asked Questions

What is "OWI"?

It is initials that stand for "Operating While Intoxicated." It is the standard old drunk driving charge. A person is guilty of OWI if, "because of drinking alcohol, the defendant's ability to operate a vehicle in a normal manner was substantially lessened." (CJI2d 15.3) A person can also be guilty of OWI if they had a bodily alcohol level of at least .08.

They've got my breath test result, and it's over .08! How can I do anything other than just go into court and plead guilty?

First of all, for purposes of arraignment, a person should almost always plead not guilty, so that a Pre-trial will be scheduled. If there is no Pre-trial, then there is no chance for an attorney to help you avoid being convicted. Just because a machine read-out gave a certain number, it doesn't mean that the number is correct. It doesn't mean that the person running the machine knew what they were doing, and even if they did, it doesn't mean they did it right. Your arrest may not have been valid to begin with. Even if you can't avoid being convicted, getting an attorney involved can often help by reducing the level of the offense, and reducing the severity of the sentence.

The .08 is a presumption. Prosecutors try to convict people of OWI without having the aid of that presumption. They can also try to convict a person of Impaired Driving (Operating While Visibly Impaired or OWVI), no matter what the bodily alcohol level. If you are under 21, and you blew at least a .02, or there is other evidence of the presence of alcohol, you can be charged with what is called "Zero Tolerance."

The law in Michigan was changed a number of years ago, to prohibit "operating" under the influence, instead of "driving." In some cases, operation can be established without the police witnessing movement of the vehicle. In some cases, they can't prove operation at all.

There are penalties for not taking their test in the station. It is not a crime to refuse to take their test, but, through an administrative action, you can lose your license to drive for one or two years for refusing. It is often a good idea for a first offender to take the breath test, but there are some reasons why this could be a bad idea. If you know the police had no basis to stop you, then taking the test may just give them some evidence when they had none. In that case, you should not have performed their sobriety "tests" either. If there was a serious injury, you should not take their breath test, although they can get a court order and take your blood sample. The police get to choose the type of test: breath, blood, or urine. Once you take their test, you can demand your own test, usually a blood test.

Your picture license was confiscated by the police, and has probably been destroyed. Until your case is resolved, you still have all of the driving privileges you had just before the incident happened (unless you lose your license sooner for an Implied Consent suspension). If you had a full valid license, you still do. If your license was suspended or revoked, it still is suspended or revoked. If your case is dismissed, and you had a full valid license before your arrest, you can get a new picture license right away.

It depends on several factors. You could end up with a restricted license for three months, or you could end up with a completely revoked license with no driving privileges at all for at least five years. There are several possibilities in between.

Absolutely yes! A drinking and driving conviction stays on your driving record for the rest of your life. It may affect your ability to get or keep a job. It will make your car insurance rates go way up. It will cost you your CDL (Commercial Driver's License). It gives you a criminal history. If there is a way to get out of it, do it! Let an attorney do their best to find the loopholes and take advantage of them. Even if you are going to get convicted of something, an attorney can help minimize the consequences. It's not just a question of, "Can I get a plea bargain?" If you do get a plea bargain, could you have gotten a better one? Did you have to plead to anything at all? If you do get a plea bargain, do you know the right things to bring up at your sentencing? Do you know the right things to do, so that your sentencing will go better? Don't mess with your future. Get professional help from an experienced drunk driving defense attorney.

Call me! 866-338-4488. My experience is what you are looking for. My personal approach is what you need and deserve. I will give you EXPERIENCED INDIVIDUAL ATTENTION WITH A PERSONAL APPROACH.