If you have been charged with a DUI in Michigan (Driving Under the Influence), there are two things that you need to consider:
 Take your drunk driving charge very seriously.
A conviction for a DUI in Michigan will have long lasting consequences. A criminal record can affect your employment, your future and your personal freedom.
 Hire an experienced Michigan DUI Lawyer or DUI Attorney who is experienced in Michigan DUI law.
Understanding the Michigan DUI laws and courtroom proceedings can be a challenge. Hiring a qualified Michigan DUI attorney or lawyer from DUI.com who's practice concentrates on drunk driving defense can make a difference in the outcome of your drunk driving charge. Again, for a Michigan DUI lawyers or attorneys, call 1-800-852-8005 or simply click the county above to find the right Michigan DUI attorney that really knows drunk driving defense and the Michigan DUI law.
Each Michigan DUI lawyer at DUI.com offers an initial review of your drunk driving charge. Your inquiry is both free and confidential.
To begin fighting your drunk driving charge, use the list above to locate a Michigan DUI Lawyer in your county who knows the Michigan DUI laws. But do it now, as time is very critical in a DUI case.
What Happens To First Time Offenders in Michigan?
Read a good article
on Drunk Driving in Michigan
 When a driver is
first arrested, he or she is required to stay in jail from 4 to 24 hours,
depending on the blood alcohol level. Then, they will be arraigned to
determine bond.
Michigan is a “0.07" State, meaning that any breath
alcohol level over a 0.07 is a punishable criminal offense. Penalties
vary depending upon whether you are a first offender, as well as the
specifics of the situation, such as the actual blood alcohol content at
arrest. Penalties include anything from fines, probation, driver license
sanctions, and even car forfeiture and imprisonment. The penalties
increase based on breath alcohol level and circumstances for the
particular offense.
CONSEQUENCES OF A First CONVICTION OF DRINKING/DRIVING OFFENSE IN
MICHIGAN A. Criminal Penalties for Conviction of Operating Under the
Influence of Liquor (OUIL), Unlawful Bodily Alcohol Content (UBAC), and
Operating While Visibly Impaired (OWI) OFFENSE OUIL, UBAC First Offense-
$100.00 to $500.00 fine plus costs. Up to 93 days jail and up to 45 days
of Community Service. OWI - First Offense Up to $300.00 fine plus costs.
Up to 93 days jail and up to 45 days of Community Service B. 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 costs of prosecution. [MCL 257.625(12) ] C. License
Suspensions and Restrictions. The maximum possible license sanctions 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 actions 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 257.204(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.
There are three distinct drunk driving offenses in
Michigan:
- Operating under the influence of intoxicating liquor (OUIL),
- Driving with an unlawful bodily alcohol level/content (UBAL/UBAC),
and
- Operating while impaired (OWI).
Of these, OWI is the least serious and most common offense. It is
relatively easy for prosecutors to prove.
- First offense impaired (Operating While Visibly Impaired-OWI) is a
misdemeanor violation. Upon conviction or guilty plea, OWI results in
up to 93 days in jail, up to $300 fine, and 45 days of community
service, plus a 90 day restriction of license (to and from and during
work, treatment, probation, community service and support groups). A
$125 reinstatement fee is due at the end of restriction. Failure to do
so will cause the license to be suspended.
- Fines and costs, are dependent on the individual court, are
imposed, as is alcohol education.
- If you refused to take a breath, blood or urine test after being
arrested for DWI / UBAL / OUIL / OWI or another drinking related charge
in Michigan, your license may be at risk of being suspended, if you do
not demand an administrative hearing within 14 business days after your
arrest.
- First offense intoxicated (Operating While Under the Influence of
Intoxicating Liquor-OUIL) is a misdemeanor violation, with no license
whatsoever available for the first 30 days. Thereafter, a restricted
license (to and from and during work, treatment, probation, community
service and support groups) can be issued for a period of up to 6
months.
- A conviction or plea of guilty of first offense OUIL results in a
maximum sentence of up to $500.00 in fines plus the costs of
prosecution, up to 93 days in jail and up to 45 days of community
service.
- For a first offense drunk driving, your insurance will probably be
voided or not renewed, forcing the driver into the pool of high-risk
insurance companies. The high-risk insurance companies generally charge
three times the normal insurance for less coverage.
- In addition, Michigan has a identical charge called Unlawful Body
Alcohol Level(UBAL) for a BAC (Blood Alcohol Content) of .10 or higher
per 210 milliliters of blood. A conviction or plea of guilty of first
offense UBAC means a maximum sentence of up to $500.00 in fines plus
the costs of prosecution, up to 93 days in jail and up to 45 days of
community service.
- For a conviction of OUIL or UBAL/UBAC, a license will be suspended
for not less than 6 months and not more than 2 years, without
restriction for the first 30 days. In all the above cases, licensure is
governed by the Secretary of State-Drivers Licenses Appeals Division
(DLAD) and not the courts.
- The actual license sanctions are imposed directly by the Secretary
of State when they are notified by the Court of an applicable
conviction. So, after a person is sentenced for drunk driving he/she
walks out of the Court with a driver license, but then is notified of
the applicable license sanctions by mail. This notification also
includes the dates when such restrictions (or revocation) begin and
end.
- Michigan has a traffic points system, with points accruing on your
license for two years. In drunk driving related cases, operating under
the influence of liquor or drugs = 6 points, unlawful bodily alcohol
content of 0.10 or more = 6 points, refusal to take a chemical test = 6
points, under age 21 with any bodily alcohol content= 4 points, refusal
of Preliminary Breath Test (PBT) by anyone under age 21 = 2 points, and
open alcohol container in vehicle = 2 points. A
person’s license is subject to suspension if they
accumulate 12 points within a 2 year period. You may easily accrue 12
points or more though one drunk driving incident.
- Michigan’s misdemeanor Zero Tolerance law
requires that first offenders under 21 receive up to a $250 fine and/or
60 days (up to 360 hours) community service, at the discretion of the
Judge. Drivers License is restricted for 30 days.
- Michigan misdemeanor child endangerment law calls for a $200 to
$1,000 fine and one or more of the following for offenders who drive
with a child in the car while OUIL/OWI/UBAL: 5 days to 1 year in jail,
30-90 days community service, depending on the severity of the blood
alcohol content, and the circumstances. 90 day license suspension,180
day car immobilization, and even car forfeiture are possible for this
offense.
- If you have a commercial driver’s license, any
BAC of over .04 will cause the consequences of an OWI violation: up to
93 days in jail, up to a $300 fine, and 45 days of community service.
In addition, you may face a 90 day restriction of license, a one year
suspension, and up to 180 days of vehicle immobilization.
- The judge must order the drunk driver in all alcohol related motor
vehicle convictions to go through screening for alcohol and substance
abuse, at the drunk defendant's expense.
For 1st Offenders (no prior related offenses):
Note: Permissive = at the Judge’s discretion.
Read a good article
on Drunk Driving in Michigan
|
DUI
Michigan DUI Attorneys
