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Michigan OWI Laws: 1st DUI MI Alcohol, Drug Impaired Driving
Overview of Michigan Law on Drunk Driving and Drugged Driving. Under the Michigan Vehicle Code, Section 257.625, Michigan DUI laws are set forth. The OWI laws in MI not only carry Michigan DUI penalties like jail time, loss of driving privileges and possible vehicle immobilization, but such DUI charges bring a wide array of punishments and consequences of a DUI in Michigan.
It is a crime in Michigan for a driver to have a breath alcohol level or blood alcohol content (BAC) of 0.08 grams percent or greater (if over age 21) or 0.02 gr.% or more (if arrested when under the age of 21).
Intoxicated or drugged drivers in MI can be arrested without police having any proof of their BAC level if the arrestee exhibits "indicia of impairment" while operating a motor vehicle. So, even for those who decline to take the post-arrest forensic test and get suspended for that refusal, Michigan OWI punishments still apply, but only if convicted.
Under the Michigan OWVI law, this type of prosecution permits the Prosecutor to use an officer's testimony and video evidence to reveal the "collected" evidence of operating while visibly impaired (O.W.V.I.) Usually, these "circumstantial evidence" cases can be easier to win for a DUI lawyer, but not always.
Following the suggestions of NHTSA (the National Highway Traffic Safety Administration), the State Michigan has a Michigan OWI statute that more harshly penalties those operators with a high-BAC level, when arrested by police in Michigan. N.H.T.S.A. had suggested that anyone at 0.150 grams percent or more be sanctioned more stridently, but Michigan's legislators opted to make 0.170 grams percent or more their "aggravated" OWI level.
OWI-drugs cases are subject to the same alcohol-related fines and other OWI punishments, loss of driving privileges and other DUI penalties as alcohol-impaired drivers. Yet, Michigan now has an exception for those drivers arrested for DUI-drugs who possess a valid medical marijuana card, so long as the nanograms of THC are in line with a therapeutic dose.Michigan DUI Attorney to Defend OWI Laws in Michigan
Penalties, Costs and Other Consequences of a First Offense Driving under the Influence Conviction
- For a first offense of OWI, UBAL, or OUID, the arrested Michigander may receive up to ninety-three (93) days in jail. Plus, he or she can suffer a 6-month suspended license (with the first 30 days being without any type of driving privileges.)
Next, add as much as a $500 fine, plus related court costs. That convicted driver may also be required to complete up to 360 hours of community service and will have 6 points added to her or his driving record.
If that first offense DUI driver had a BAC of 0.170 gr. per cent or higher, then enhanced punishment apply:
- As much as a $700 fine, plus related court costs;
- The potential jail time is boosted to as much as one hundred eighty (180) days of jail time;
- The same amount of community service hours (360) or forty-five 8-hour days;
- Up to a one-year driver license suspension if not 6 months;
- The same six (6) points added to the driver's Michigan license demerit points;
- Due to the dangerous, high BAC level, these drivers will have an alcohol treatment program to complete at their own expense;
- Michigan OWI license suspension. The time to wait to get a restricted license is delayed, too. In these DUI cases, the ignition interlock device (IID) restricted driver's license can be applied for by your attorney after forty-five (45) days.
Under these restricted licenses, convicted drunk drivers will only have limited driving privileges, and are prohibited from operating any vehicle not equipped with an approved and properly installed ignition interlock device. All costs for the IID installation and monthly download and upkeep costs for the device are placed on the convicted driver.
[See full OWI Michigan Penalty Infographic below].For Those Facing an O.W.V.I. Arrest (No Breath Alcohol Test or Blood Test Results Obtained)
If you refused post-arrest collection of a breath or blood sample, and (for that crime) you are convicted of driving under the influence of drugs or alcohol, you may face up to 93 days in jail, and will have a 90-day restricted driver's license. Therefore, the services of a skilled and acclaimed DUI lawyer in MI by your side is critical.
Fines can be up to three-hundred dollars ($300), and that convicted driver will also have up to three hundred sixty (360) hours of community service to perform. If a Michigan licensee, his or her driving demerit points will reflect four (4) points.
A conviction for first offense OWVI will result in that motorist's suspension (a 90-day suspension of driving privileges). However, on the "no test" cases, a restricted license is immediately available, so these convicted drivers do not need lose driving privileges, if the lawyer handling their drunk driving charges shows then how to avoid 90 days without driving.
Any lawfully arrested OWI driver who refuses the arresting officer's request for a post-arrest alcohol breath test, (if his or her first time) is issued an automatic one-year driver's license suspension.
Those who refuse implied consent testing after being lawfully arrested a second time [within a lookback period of seven (7) years], are given a two-year driver's license suspension. As can be seen above, that person may be over the legal limit, but would not suffer such an egregious loss of driving privileges if he or she simply submitted to the forensic testing and allowed their DUI defense lawyer near me to fight the OWI case.
If convicted of driving while intoxicated, the person will face a $1,000 fine under administrative rules. Convicted drunk drivers are subject to a $1,000 penalty for two consecutive years under the Driver Responsibility Act, for a total of $2,000 in additional costs.Contact Our Michigan DUI Attorneys for Your Free Lawyer Consultation
By offering statewide coverage for defense of OWI or OWVI charges our legal team members can defend any misdemeanor or felony case in federal or state courts. Patrick Barone wrote the book on Michigan DUI-DWI-OWI laws.
Why not hire one of our award-winning OWI attorneys, who is a Super Lawyer. Call today at 248-306-9158 for your free case review. Ask about our law office's payment plans that are available.