Navigation

Drunk Driving

An arrest for DUI in Michigan is an unexpectedly humbling experience. There are humiliating social stigmas that follow a drunk driving arrest, however people from all walks of life face the consequences associated with these charges on a daily basis. For some it will be the first time in their lives that they have felt that their lives were out of their control. Questions arise as to what will happen to your license, insurance rates, finances, and potentially your freedom. This series of emotions is natural and quite common in drunk driving cases.

Let me put my knowledge, vast experience and excellent reputation in Michigan Courts to work for you, as I help you attain the results you are hoping for. As your attorney, I will work tirelessly to protect your freedom and driving privileges.

In July 2009 the Michigan Legislature enacted Public Acts 461 and 462 which amended the Michigan Vehicle Code by imposing criminal penalties for operating a vehicle with BAC of 0.17 or more. It became effective October 31, 2010 and is now functionally known as “Super Drunk Driving.”

A first offense will be a misdemeanor punishable by a maximum of 180 days (increased from 93 days) and/or a fine of at least $200.00 but not more than $700.00 (increased from not less than $100.00 but not more than $500.00). The remaining criminal penalties are the same.

However, the license sanctions are also increased. The Secretary of State must suspend a driver’s license for one year if there are no priors within the previous 7 years and no more than 2 convictions within the previous 10 years (as opposed to 6 months under the current law). A restricted license would be available after the first 45 days (as opposed to 30 days) of suspension.

The statute also requires an ignition interlock device that will be calibrated at 0.025. Additional suspensions are required if a person violates the conditions of the restricted license or attempts to operate a vehicle with a BAC of higher than 0.025. Mandatory rehabilitative programs are required. This condition currently applies to repeat drunk driving offenses.

You have probably already done some research yourself to determine the penalties associated with an OWI charge. Below I have listed the various offenses and the affect it will have on your license.

 

DUI / OWI PENALTY SHEET

 

Operating While Impaired (No BAC presumption)

Operating While Intoxicated ( BAC .08 or higher)

1st Offense (no priors)

Misdemeanor - 1 OR MORE:

  • Up to 93 days in jail
  • Fine of up to $300
  • Up to 360 hours community service
  • License sanctions: 90 days restricted
  • 4 points on license
  • $500 driver responsibility fee for two consecutive years

Misdemeanor - 1 OR MORE:

  • Up to 93 days in jail
  • Fine of $100 to $500
  • Up to 360 hours community service
  • License sanctions: 30 days suspended/150 days restricted
  • 6 points on license
  • $1,000 driver responsibility fee for two consecutive years

2nd Offense (any priors within 7 years)

Misdemeanor

  • $200-$1000 fine

AND 1 OR MORE:

  • 5 days to 1 year in jail
  • 30 to 90 days community service

License sanctions: minimum 1 year revocation of license /no restriction is possible*

  • 4 points on license
  • $500 driver responsibility fee for two consecutive years

Misdemeanor

  • $200-$1000 fine

AND 1 OR MORE:

  • 5 days to 1 year in jail
  • 30 to 90 days community service

License sanctions: minimum 1 year revocation of license / no restriction possible*

  • 6 points on license
  • $1,000 driver responsibility fee for two consecutive years

3rd Offense (2 priors of any kind in past 10 years)

FELONY

  • $500-$5000 fine

AND either:

  • 1 to 5 years in prison

OR

  • 30 days to 1 year in jail, probation and 60-180 days community service

License sanctions: minimum 1 to 5 year revocation*

  • Mandatory 1 - 3 year vehicle immobilization  

FELONY

  • $500-$5,000 fine

AND either:

  • -1 to 5 years in prison

OR

  • -30 days to 1 year in jail, probation and 60-180 days community service

License sanctions: minimum 1 to 5 year revocation*

  • Mandatory 1 - 3 year vehicle immobilization
 

* NOTE: License reinstatement is not automatic. A hearing must be held before the Driver License Appeal Division (DLAD) to determine, among other things, if a driver's substance abuse is under control and if the risk of the driver repeating past abuse behavior is low or minimal. You are allowed only one reinstatement hearing a year.

 

Featured Testimonial

"Hiring Clint was the best decision I could have ever made. I was facing a very serious charge with very serious consequences and Clint was nothing but the best. When I first got in touch with Clint, he was honest. He informed me of what I was facing (based upon the information I gave him) and what my possible outcomes could be, then he reassured me. He said, 'What's done is done and now we have to focus on making it right and we'll do it together.' Throughout my ordeal, Clint was accessible, kept me informed, and worked diligently to provide me with the best possible outcome. I couldn't have dreamed for a better result. Had I not contacted him, I don't know where I'd be, but I know that because I did I am in a much greater frame of mind and I have a sense of peace that is indescribable. If you're in a situation that feels hopeless, please contact Clint. He will work as hard as it takes to help you and make your situation better." - Jason
Review from Avvo.com  |  Click here to read all reviews