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Birmingham DUI Penalties

If a person has never been charged with an OWI, OWVI, or OWPD before, a first offense of any of these crimes is a misdemeanor. The penalty for a first offense can result in fines of up to $500 and a sentence of up to 93 days in jail. In addition, the driver’s license may be suspended or restricted and they may be required to provide community service.

The penalties for these charges are more severe if this is the second offense within seven years of any combination of these crimes, although a second offense is still considered a misdemeanor. A third offense of any combination of these crimes within a person’s lifetime is a felony offense, punishable by up to a $5,000 fine and up to five years in state prison.

If you have been charged with any type of DUI offense in the Birmingham area, don’t delay in getting the help you need to protect your legal rights. Regardless of what stage of the proceedings you find yourself in, it is never too late to obtain legal assistance from a DUI lawyer in the Birmingham area to help prevent facing these penalties.

Aggravated Charge Penalties

“Super Drunk” driving, or driving with a BAC of 0.17% or higher, has harsher consequences than other types of drunk driving offenses, even if the driver has no prior record. A driver’s license may be suspended for up to one year, and the driver may be required to install an ignition interlock device into their vehicle.

In addition, if convicted under Michigan’s Super Drunk driving law, a person may be required to pay fines of up to $700, spend up to 180 days in jail, and provide up to 360 hours of community service.

Minors who are charged with driving under the influence of any alcohol under Michigan’s Zero Tolerance law face a misdemeanor criminal offense. The penalties for a first time offense can include fines of up to $250, driver’s license restrictions, and up to 360 hours of community service.

Michigan’s Implied Consent Law

Under Michigan’s implied consent law, there are additional penalties for refusing to submit to a field test to determine blood alcohol content. The law presumes that if a person is lawfully arrested by an officer who has probable cause to believe they are driving under the influence of alcohol or drugs, they have consented to a chemical test to determine their blood alcohol content.

Because of this law, refusing to submit blood, breath, or urine for the purposes of determining BAC can result in being charged with a fine.

Refusing to submit to a test will also result in suspension of a driver’s license. A Birmingham DUI lawyer can help determine the legal consequences of refusing to submit to a field test to determine BAC.

How an Attorney Can Help

Our experienced Birmingham DUI lawyers can help you understand the penalties you are facing and build the best possible defense for your specific situation.

We will determine the best defense strategies for your case and work tirelessly to obtain the best possible outcome. Just because you were arrested for driving under the influence does not mean a conviction and its Birmingham penalties is inevitable. Contact a Birmingham DUI lawyer today to begin building your defense!

Client Reviews
★★★★★
Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
★★★★★
Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
★★★★★
The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.