In Michigan, operating while intoxicated (OWI) is the legal term for what most people call “drunk driving.” When an arrest occurs along busy Canton corridors like Ford Road, Michigan Avenue, or I-275, law enforcement quickly initiates criminal proceedings. Knowing where your case will be heard is the first step in taking control of your defense.
Where are Canton Township OWI cases prosecuted and heard?
All misdemeanor OWI charges made within Canton Township are prosecuted at the 35th District Court at 660 Plymouth Rd in Plymouth. Because this facility serves all of Canton, Plymouth, and Northville, its dockets and courtrooms move quickly.
The 35th District Court handles every stage of a Canton Township drunk driving charge, including:
- Initial Arraignments: This is your formal first appearance before a judge or magistrate, during which the official charges are read. During the arraignment, you’ll enter a plea, and the court will set your bond conditions. These often include travel restriction and mandatory alcohol or drug testing while your case is pending.
- Pre-Trial Conferences: A formal meeting between your defense attorney and the prosecutor handling your case. During this conference, your lawyer reviews the police report, examines dashcam and bodycam footage, verifies blood or breathalyzer test results, and negotiates potential charge reductions or alternative resolutions.
- Evidentiary Hearings: If law enforcement violated your constitutional rights, such as pulling you over without reasonable suspicion, your attorney can file legal motions. At this hearing, your lawyer argues to suppress unconstitutionally obtained evidence. If successful, this can weaken the prosecution’s case or lead to a full dismissal.
- Bench Trials: A trial where a single judge hears testimony, evaluates physical evidence, and determines your guilt or innocence without a jury. Bench trials are often selected when an OWI defense relies on complex legal technicalities rather than emotional arguments.
- Jury Trials: A trial held in front of six members of the local community selected from Western Wayne County. Both the defense and prosecution present witnesses, cross-examine evidence, and make closing arguments. To convict you, all six jurors must unanimously agree beyond a reasonable doubt.
When charged with OWI, you need an attorney experienced in handling these cases in Canton. At Hadd Law, we’re with you every step of the way. To get the legal protection your case requires, call 248-633-8000 or contact us online for a free consultation!
How Does a Defense Attorney Challenge OWI Charges?
An experienced attorney challenges the charges by reviewing the stop, the field sobriety test, and the breathalyzer device’s current calibration. If they find any issues with how law enforcement handled the stop, your lawyer can file a motion to suppress the evidence or seek a dismissal.
When scrutinizing the evidence from the Canton Township Police Department or Michigan State Police, your attorney investigates these defense avenues:
Legality of the Traffic Stop
To stop you, police need reasonable suspicion. This means a specific, articulable legal reason, such as severe lane drift, speeding, or a broken taillight. If the officer stopped you on a hunch, any evidence gathered afterward may be inadmissible.
Standardized Field Sobriety Test (SFST) Administration
These tests must be done in strict accordance with National Highway Traffic Safety Administration (NHTSA) guidelines. Dashcam and bodycam footage can reveal that officers gave improper instructions, evaluated tests on uneven pavement, or misscored normal physical awkwardness as “impairment.” But you should also be aware that defense lawyers do not recommend taking these voluntary tests. (That’s right, they are completely voluntary; the office will ask you to do these; however, nobody can order you to take the tests) Our advice is don’t take a test that gives the officer probable cause to show that you may or may not have been drinking. Just say, “I don’t take the tests.”
DataMaster Breathalyzer Calibration & Maintenance Logs
In Michigan, official breath tests are done with the DataMaster DMT machine. State law mandates strict maintenance schedules, periodic accuracy checks, and a mandatory 15-minute observation period before the test. Failing to follow these steps offers grounds to dismiss the breath test results.
Chain of Custody & Blood Draw Protocols
If police obtained a warrant for a blood draw at a local hospital, strict medical and legal standards apply. Your lawyer audits the qualifications of the medical professional who drew the blood. They also verify that proper chemical preservatives were present in the collection vial and trace the chain of custody to ensure the sample wasn’t mislabeled, contaminated, or improperly stored.
Medical Conditions & Environmental Factors
Many physical symptoms that officers attribute to alcohol impairment are caused by a variety of medical conditions. Environmental factors such as strong winds, flashing police lights, or extreme weather can also artificially impair field sobriety performance.
What Are the Penalties for a First OWI Conviction in Michigan?
This misdemeanor crime can get you up to 93 days in jail, fines up to $500, six points on your driving record, and an 180-day driver’s license restriction. While judges have discretion with sentencing, many first-time offenders with attorneys rarely face maximum jail time.
Facing OWI charges and convictions for the first time carries these administrative, financial, and personal consequences:
- Driver’s License Sanctions: Under Michigan Secretary of State regulations, a standard OWI conviction triggers a 30-day “hard” license suspension with zero driving permitted. It’s followed by 150 days of restricted driving privileges (to/from work, school, probation, and medical care).
- High BAC Enhancements: If your chemical test registered a Blood Alcohol Content (BAC) of 0.17% or higher, penalties escalate. Jail time can double to 180 days, fines increase up to $700, and you face a mandatory 45-day hard license suspension. This is followed by 320 days of restricted driving with an Ignition Interlock Device (IID) installed on your vehicle at your expense.
- Mandatory Probation & Alcohol Testing: Most 35th District Court probation orders require mandatory alcohol screening, substance abuse classes, regular random drug/alcohol testing, and court costs that routinely total over $1,000.
- Permanent Criminal Record: An OWI conviction stays on your public Michigan criminal record and can’t be expunged for at least five years following the completion of your sentence. It will show up on background checks for employment, housing, and professional licensing.
- High Insurance Premiums: Insurance providers classify drivers with an OWI as “high risk.” This can double or triple your auto insurance rates for several years, or result in policy cancellation.
Hadd Law Prepares You Before a Legal Emergency Strikes
Nobody sets out to drink and drive, but mistakes happen. And when they do, police officers might rush to judgment that leads to OWI charges and a life-altering conviction. Having Hadd Law on your side means you don’t have to scramble to find a trustworthy lawyer.
Do yourself a favor right now by saving our number 248.633.8000 or contacting us online for more information!