The number one biggest mistake that a person charged with drunk driving can make is to assume right from the start that there is no defense.
DUI Immobilization
Our client has been charged with an OWI - Second Offense, and has inquired into the prospect of her son driving her automobile after the imposed vehicle immobilization period, but during her license revocation period. Her automobile’s registration is set to expire this coming June, presumably after her vehicle immobilization period, but during her license revocation period. Her hope is to renew the registration after the vehicle immobilization period, and allow her son to drive the vehicle until she can apply for a license at the end of the imposed license revocation period. Michigan statutory language does not prohibit such course of action.
The Court is statutorily required to order the vehicle immobilization of a person convicted of their second OWI offense for a period of 90-180 days. MCLA 257.904d. That immobilization will be carried out by the police department through their standard practice. During this vehicle immobilization period our client would not be able to transfer title to any family member (as defined as person who is not subject to payment of a use tax under section 3 of the use tax act, 1937 PA 94, MCL 205.93) without an order of a Michigan Circuit Court. MCLA 257.233(4). Should our client wish to have the car driven by her son during the vehicle immobilization period she would have to move a Michigan Circuit Court for an Order allowing her to transfer the name of the car into her son’s name. The car may be sold to a non-family member, if that sale is not intended to circumvent the court ordered vehicle immobilization. MCLA 257.233(4).
Since it is only our clients second alcohol related driving offense she will be able to renew her registration during the vehicle immobilization period of sentencing. (It should be noted that the court may not allow for the renewal of registration to occur after the third alcohol related driving offense. In fact, this may not be permitted in other serious driving infractions when an individual has two prior convictions). Michigan Department of State Driver License Appeal Practice Manual, p 14. Vehicle registration requires only a proof of insurance, and proof of title of the vehicle, or in the alternative a copy of the previous insurance. It is not necessary to have a Michigan Driver’s License to register a vehicle in the State of Michigan. MCLA 257.233(7). Therefore, since no license is required, and registration renewal is allowed during the immobilization of a vehicle for a second OWI offense, our client will be able to renew the registration and allow her son to drive the vehicle after the immobilization period.
Once the court ordered vehicle immobilization has finished, the vehicle can be driven by our client’s son. Her Michigan license will remain revoked for the statutory period of one year, after which she will be able to reapply for her Michigan driving privileges. MCLA 257.303.
There are other life situations upon which a DUI conviction may impact:
