Michigan has some of the most complicated DUI laws in the country. An OWI conviction can lead to serious ramifications that go well beyond losing your license, including jail time and fines. For these reasons, it’s important to understand the ins and outs of DUI Michigan charges and legal proceedings.
Unlike some other states, the state of Michigan defines intoxicated driving as the act of operating a motor vehicle with a blood alcohol content (BAC) above 0.08 percent. The law also prohibits a person from operating a vehicle while under the influence of certain controlled substances and prescription drugs. If you are arrested for any of these offenses, the police will likely ask you to take a breath or urine test. These tests will help determine your BAC and could be used as evidence in court. These tests are typically administered at the police station using a machine called the DataMaster, but can be taken at other locations as well. If you refuse to submit to a breath or urine test, the officer will usually issue you a DI-9 or Report of Refusal that allows you to drive until an appeals hearing regarding the refusal charge can be held.
A judge’s decision in your case will depend largely on the severity of the offense and your previous record, and will most likely include jail time, a suspended or revoked driver’s license, fines, community service, and probation. Depending on your situation, you may also be required to attend alcohol treatment or drug abuse programs. If this is your first offense, you may be able to get your license back after a year of suspension, if the case is resolved satisfactorily. DUI Michigan laws can be particularly stringent for repeat offenders.
If it is your second or subsequent offense, you will likely have to have your license revoked and may face up to five years in prison. You will likely be required to have an ignition interlock device installed in your vehicle, and you will probably have to enroll in an alcohol or drug treatment program. Having a DUI Michigan conviction on your record can have significant negative impacts on your life, including harming your reputation, job opportunities, and personal relationships.
The penalties for driving while intoxicated are severe, and a conviction can leave lasting marks on your reputation. If you have been arrested for a DUI Michigan, it’s important to work with an experienced attorney to protect your rights and future. Legal expertise is crucial in navigating the complex DUI Michigan legal landscape.
Aside from the potential jail time and heavy fines, a conviction for OWI will impact your ability to work and travel. For example, a second-time offender who was arrested for OUIL or UBAL will likely have their license revoked, making it difficult to find employment or keep current on your professional licensing. DUI Michigan charges can have far-reaching consequences, making legal support essential.
If you have been arrested for a DUI in Michigan, it can be an extremely stressful time. A conviction could lead to hefty fines, jail time, license suspension or restriction, alcohol education classes, and probation requirements. A DUI Michigan conviction is also a permanent record, which may impact your future employment, housing, and social opportunities. For these reasons, it is vital to seek guidance from an experienced Michigan DUI defense attorney as soon as possible.
The DUI Michigan legal process typically starts with an arraignment, where the defendant is formally called before the Judge or Magistrate, informed of the charge against them, and advised of their rights. At this hearing, the judge will ask how you intend to plead (guilty, not guilty, or no contest) and will set bond if necessary. Bond conditions may include not leaving the State without permission, obeying all court orders, and not consuming any alcohol or drugs.
Your attorney will work to acquire any and all evidence that is available to your case, including videotapes, police reports, results of chemical tests, witness statements, and more. During this discovery phase, your attorney will review these materials to develop a strong strategy to help you avoid a DUI Michigan conviction.
At your pretrial conference, your lawyer will discuss the facts of your case with the prosecutor in an effort to minimize any driving restrictions or penalties you face. The Judge may impose a driver’s license sanction at this stage, which will require you to install and use an ignition interlock device on any vehicles you operate while your case is pending. This is a common requirement in DUI Michigan cases.
In most cases, if you have been charged with a first-time DUI with a BAC below 0.17%, you will receive a misdemeanor conviction. This usually carries with it a 30-day license suspension, followed by 150 days of restricted driving privileges that can only be obtained through installation and successful operation of an ignition interlock device. Understanding these penalties is crucial for anyone facing a DUI Michigan charge.
If you have been charged with a felony DUI due to a high BAC or other circumstances, you will likely be facing much more severe penalties, such as lengthy prison sentences and large fines. These harsher penalties reflect the stringent nature of DUI Michigan laws.
A skilled DUI lawyer can work to prevent a conviction by addressing all issues at the arraignment, pretrial conference, and other hearings. However, these negotiations are complex and can be difficult to master, so it is crucial to consult with a Michigan DUI attorney early in the process to avoid any unnecessary delays in your case. Contact an experienced team of drunk driving lawyers to begin defending your rights against DUI Michigan charges.
When Michigan drivers are arrested on suspicion of DUI Michigan, they usually have to decide whether to plead guilty or take their case to trial. If they choose to go to trial, a judge or jury will ultimately determine their guilt or innocence. Until the trial takes place, though, a driver’s license is suspended automatically, and the length of this suspension depends on the circumstances of the offense.
In the state of Michigan, there are three specific drunk driving offenses: operating under the influence of intoxicating liquor (OWI); operating with an unlawful bodily alcohol level or content (UBAL/UBAC); and operating while visibly impaired due to alcohol or drugs (OWVI). In 2022, more than 26,700 people were charged with these crimes in Michigan, and almost half got a plea bargain for the lesser offense of driving while visibly impaired, which only results in an automatic 30-day driver’s license suspension and puts four points on your record compared to six points for an OWI conviction. Understanding these distinctions is crucial for anyone facing a DUI Michigan charge.
As a matter of law, if you are stopped by police on suspicion of drunk driving, the officer is required to ask you to submit to a chemical breath or blood test to measure your blood alcohol concentration (BAC). If you refuse to give a sample after being read your implied consent rights, your license will be automatically suspended for one year. However, you can challenge this one-year suspension within 14 days of your arrest by filing a request for an administrative hearing. This challenge process is a key aspect of DUI Michigan regulations.
It is important to remember that even if you have only two drinks and your BAC is below the legal limit, you can still be charged with OWI because each individual responds differently to the amount of alcohol or drugs they consume. Further, the presence of certain substances can cause impairment even if your BAC is under the limit, including prescription medication, illicit drugs, and many over-the-counter medications. These nuances are critical in DUI Michigan cases.
After an arrest, the officer will confiscate your vehicle and issue you a Michigan DUI temporary license, known as a DI 177. This paper license allows you to drive for up to 90 days if you are in a DUI probationary period and have an ignition interlock device installed on your vehicle. This device is required if you have a BAC of 0.02% or higher upon your arrest, and the installation cost is paid by the offender. Compliance with these requirements is mandatory under DUI Michigan laws.
The length of your DUI probation will depend on the nature and seriousness of the offense, as well as whether it is a first or subsequent conviction. In most cases, probation will include an alcohol treatment program, drug education class, and a mandatory 180-day license suspension with the possibility of a restricted license after 45 days for transportation to work, school, community service, etc. Depending on the type of conviction, other penalties may also apply such as vehicle immobilization and mandatory ignition interlock device installation. A DUI Michigan conviction can also have significant tax and insurance consequences. In addition to fines and suspension of your license, there are also substantial jail penalties for a conviction.
Paul J Tafelski, Michigan Defense Law | Criminal Attorney and DUI Lawyer
2525 S Telegraph Rd suite 100, Bloomfield Hills, MI 48302, United States
(248) 451-2200