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DUI Michigan: OWI Charge & DUI Penalties, Michigan DUI Laws

Because a drunk driving or drugged driving arrest is so demeaning and stressful, many of those arrested for OWI in Michigan assume that they are facing felony DUI charges. Luckily, more than 95 out of 100 are only dealing with a misdemeanor drunk driving charge.

However, in Michigan, all offenses potentially can carry jail time in our State. Usually, the OWVI penalties for a first offender carry the mildest DUI punishment.

What's the Legal BAC Michigan? This article will provide a helpful overview of Michigan DUI penalties and discuss the various Michigan DUI limits for various motor vehicle operators. Like all other states, our State does not have just one, universal alcohol limit Michigan.

Michigan OUI law firm Barone Defense Firm provides you with a free lawyer consultation so you can learn how to best defend your drunk driving charges without going to jail, or losing your driver's license.

More about Michigan drunk driving laws. The drunk driving laws in Michigan have a very wide range of OWI penalties for and OWI charge Michigan or an OUID charge. OWI impaired driving vs DUI Michigan is the same crime, but using a different acronym to identify driving while intoxicated.

Michigan's OWI and OWVI Laws

There are two main types of intoxicated driving in Michigan: operating while under the influence of drugs or alcohol (OWI), and operating while visibly impaired (OWVI). However, some people still use the term "DUI." OWI is more serious and involves operating a vehicle while under the influence of alcohol or a controlled substance, or having any amount of controlled substance in the body.

For any OWVI conviction in Michigan, the prosecutor needs only to prove that the driver was visibly impaired, due to alcohol or drugs. This is done with various types of circumstantial evidence that is captured on police video or supplied by officer testimony.

Drunk driving in Michigan is a misdemeanor or felony offense that if convicted carries tough penalties like jail time, loss of driver's licensee, community service, and lengthy probation. OWI-DUI Penalties for First, Second & Third O.W.I. Offenses in Michigan

Operating a vehicle while under the influence (OWI) (also known as "DUI") in Michigan is a criminal offence.

Michigan BAC limits, for various operators. Michigan laws criminalize operating any vehicle while having a bodily alcohol content (B.A.C. level) of 0.08 grams percent, for adult operators, and 21 and older and not operating a commercial vehicle.

Other Michigan alcohol limits. All CDL drivers in big rigs or buses are held to a 0.04 BAC level. Those under age 21 are required to comply with the Michigan zero tolerance law, which allows conviction for having a blood alcohol level Michigan of 0.02 grams % or more.

In Great Britain, they call driving while intoxicated "drink driving." So, this web page will discuss Michigan's penalties, and answer "what is punishment for drink driving?"

Michigan DUI defense attorney Patrick Barone knows that Michigan DUI laws specify harsh conviction penalties like jail time, hours of community service, and driver's license suspension. The Great Lakes State's High BAC Law, Called Super Drunk Michigan

When any alcohol impaired driver's breath alcohol content reaches 0.170 grams percent or higher, or slightly over twice the legal alcohol limit for adult drivers ages 21 and older, that accused person will face prosecution for being “super drunk.”

Arizona and several other states have such enhanced DUI punishment laws. In the State of Michigan, this driving offense is still categorized as a misdemeanor crime. OWI-DUI penalties for such crimes have higher minimum, mandatory punishments, but only if conviction under the "super drunk” subsections.

This article addresses Michigan's OWI laws and the fines for a first, second, and third OWI conviction. "DUI" (stands for driving under the influence) is America's most common abbreviation for operating while intoxicated (as defined by MI DUI laws). OWI vs DWI vs DUI Michigan is substantially the same thing, since all acronyms point to either impaired driving vs OWI Michigan DUI-drugs crimes.

How OWI-DUI Child Endangerment Boosts Potential Punishments

If the driver was transporting a passenger who was under the age of 16 years old, at the time of the OWI offense, and this was a second offense, she or he will face a higher set of misdemeanor penalties.

DUI Child Endangerment in Michigan means you face heavier court fines, one to five years jail time or probation, and hirty to ninety days of community service.

This subsequent offense while having a passenger under age 16 in that vehicle will bring a potential of $500 to $5,000 in fines, plus between one to five years of jail or probation. In all cases, the convicted driver must go to jail (probation must include five days to one (1) full year in jail, along with massive community service hours of 30 to 90 days (these will be 8-hour days).

OWI Causing Death Michigan, or Serious Bodily Injuries

Several egregious types of "drink and drive charges" can be ramped up to felony status when an accused person is operating a motor vehicle. State prison time of up to 5 years is possible, plus 60 days to 180 days of community service (or 480 hours of community service to 1440 hours).

Nationally, any time fatalities (to other drivers, pedestrians, or passengers) occur at the hands of an intoxicated driver or drugged driver, felonies will be accused. Any experienced criminal defense attorney in the Great Lakes State will know these rules.

Even being charged with drunk driving first offense, these drivers can find themselves defending a potential felony DUI conviction:

  1. Operating while intoxicated causing death Michigan. Under Michigan laws, Section 257.625, subsection (4), state law provisions call for extremely stiff punishments for high BAC (super drunk) cases, as well as for when a public safety officer is a victim.
  2. OWI causing serious injury Michigan. Under Michigan laws, Section 257.625, subsection (5), these penalties for DUI/OWI are more lenient. But forfeiture of that vehicle or immobilization will be enforced.
Call (248) 306-9158 anytime to speak with one of the best Michigan OWI attorneys Patrick Barone, with legal services offices in Birmingham, Troy, and Clarkston. Michigan OWI Driver License Suspensions

Every type of drunken driving or driving while impaired by drugs offense triggers a loss of driving privileges, but only if convicted as charged. A first offense DUI-OWI generally results in a 180-day license suspension.

How a High BAC level affects license suspension. The driver's license will be suspended for one year if the driver's BAC is 0.170 gr. percent or higher. However, the driver is allowed to obtain a restricted license after 30 days.

If a driver is convicted of DUI, she or he will be subject to a 30-day "hard" suspension, during which the convicted person is not allowed any type of driving privileges. The convicted person may be eligible to receive a restricted license after this period, which would allow that person to drive [under certain limited conditions and with an ignition interlock device (IID) installed].

Operating a motor vehicle while drunk can lead to a Michigan OWI conviction. DUI lawyer Patrick Barone helps clients in court on both the Upper Peninsula and Lower Peninsula. The Barone Defense Firm has defense attorneys who can fight felony DUI charges, misdemeanor first DUI charges, and 2nd OWVI charges.

The more favorable suspension rules if convicted of only an OWVI. If you are convicted of OWVI in Michigan, your driver's license will be suspended for 90 days. But for OWVI, you may be eligible for a restricted license, which would allow you to continue driving.

If that driver had a blood alcohol concentration (BAC) of 0.170 grams % or higher, or if an underage passenger (anyone under the age of 16 years old) was riding in the driver's vehicle, the hard suspension period will be increased to between 45 and 90 days.

Michigan OWVI Suspensions Are Less Strident

A 1st offense OWVI conviction will result in a 90-day suspension. This suspension period increases to 180 days if the OWVI involved a controlled substance. Because BDF permits free consultation on any OWI-DUI offense, be certain to get further information about a DUI-OWI drugs case.

However, in alcohol-based cases, because a restricted license is immediately available, the convicted person with an OWVI conviction does not result in the complete loss of driving privileges. This special treatment may be unique in the United States since OWI-DUI refusal cases in most jurisdictions often carry a longer total suspension.

Patrick Barone has written many legal books on Michigan OWI law and DUI defense. including Defending Drinking Drivers and Michigan DUI Law: A Citizen's Guide. In Comparing DUI Attorneys Near Me, Look at Credentials First

See the many law books our firm partners have created (above). Along with many Super Lawyers and other legal industry lawyer ratings, being the firm that wrote the books is a very rare credential.

Call today to our OWI law office, 24 hours a day, for expert drunk driving law legal assistance with any pending case. Our Michigan criminal defense attorneys will travel statewide across Michigan to provide criminal defense attorneys in all local courts (federal or state courts).

When you call Barone Defense Firm, our law professionals will provide a FREE lawyer consultation. When speaking with our legal team member, be certain to ask about payment plans in paying your legal fees. Contact us at our easy to remember, toll-free number, 1-877-ALL-MICH or 877-255-6424, for your free DUI criminal case review.

Call Today! FREE Consultation Lawyer and Receive Immediate Attention for Your Criminal Law Case Patrick T. Barone is a Michigan Super Lawyer, who has maintained continuous top attorney ratings since 2007. In addition, the Michigan native is the author of multiple books on OWI, DUI and criminal law. The OUIL attorney near me has lectured at over 80 legal seminars all over America. He leads Barone Defense Firm in providing aggressive legal warriors for each client's criminal case.

Contact us 24 hours a day at our law firm’s easy to remember toll-free number, 1-877-ALL-MICH or 877-255-6424, for a free criminal case review. The Michigan attorneys near me at Barone Defense Firm travel the entire Great Lakes State, to help citizens in legal trouble in Michigan for alleged criminal law violations.

For your FREE lawyer consultation, call today to learn how to protect yourself from a possible unwarranted conviction. What do you have to lose, when the free legal advice with our litigation team’s criminal lawyers near me can answer many tough questions?

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.