With Dui, DWI, OWI, Drunk Driving laws becoming a very lucrative money maker for states, cities and counties, the laws are getting more and more stringent, unforgiving and permanent on your record. It is very wise to keep oneself educated on the ever-changing laws in order to protect yourself, your reputation and your legal rights.
What are the current laws in Michigan for DUI, DWI, OWI and Drunk Driving?
Detroit, MI. (January 9, 2007) - On January 3, 2007 Governor Granholm signed into law legislation that removes the 10 year “look back” period for all drunk driving offenses. Under prior law, a third offense would be considered a felony only if it occurred within a prior 10-year time period. With this new amendment a driver arrested for drunk driving with two prior offenses, regardless of their age, will face felony charges even if the previous arrests were past the ten previous years.
What happens if I refuse a roadside test such as a breath test?
If you refuse to take a breath test, even though the state’s case against you could be weakened, your license could also be suspended for up to two years. It is crucial to consult with a lawyer as soon as possible if you have refused to take a breath test or have failed a breathalyzer test in Michigan. Drunk driving charges are serious and permanent, and implied consent to submit to testing of your blood alcohol content means that you can be penalized just for refusing to take a test after being stopped for drunk driving of any catagory. If the officer did not have probable cause to stop you, or if you were not made aware of possible license suspension for refusing the test during the stop, you may be able to challenge any penalties for refusing. If you tell the police you have been drinking, this gives them probable cause to have their case upheld in court. Do not speak to the police, but always be curteous.
What are the BAC for each drunk driving catagory?
The legal limit for blood alcohol content in Michigan is .08 BAC. Michigan DUI Laws put into effect as of 9/30/03 place the penalties as in the following catagories:
Operating While Intoxicated (OWI);
Operating While Visibly Impaired (OWVI);
Operating Under the Influence of Schedule One Controlled Substances/Cocaine; or
Allowing a Person to Operate while Intoxicated:
The old Michigan OUIL/UBAC laws for the crime of Operating Under the Influence of Intoxicating Liquor (OUIL) are obsolete and replaced with the new MI OWI laws. The OWVI laws remain, but there is no longer a BAC threshold to prove OWVI.
What are the typical repercussions of Operating While Intoxicated (OWI) - Under the Influence of alcoholic liquor, or .08 or greater?
93 days probation
Fines: $100 - $500
Community Service 360 hours (45 days)
May order ignition interlock during probation
Discretionary Vehicle Immobilization
What are the typical repercussions of Operating While Impaired (OWVI) with no BAC presumptions?
93 days
Fines: up to $300
Community Service 360 hours (45 days)
Discretionary Vehicle Immobilization
What are the typical repercussions of Operating While Intoxicated (OWI) Second (2nd) Offense?
Jail: 5 Days - 1 Year
Fines: $200 - $1000
Community Service of not less than 30 days or not more than 90 days
May order ignition interlock during probation
Mandatory Vehicle Immobilization
What are the typical repercussions of Operating While Intoxicated (OWI) Third (3rd) Offense?
Prison: Not less than 1 Year or more than 5 years
Probation with Jail not less than 30 days nor more than 1 year
Fines: $500 - $5000
Community Service of not less than 60 days or not more than 180 days
May order ignition interlock during probation
Mandatory Vehicle Immobilization
What are the typical repercussions of allowing a person to operate a motor vehicle while intoxicated or BAC of over .08?
Jail: 93 days
Fine: $100 - $500
What are the repercussions allowing a Person to operate a motor vehicle while intoxicated or BAC of over .08 that causes serious injury?
Prison: Up to 2 years
Fine: $100 - $5000
What are the typical repercussions of allowing a person to operate a motor vehicle while intoxicated or BAC of over .08 that causes a death?
Prison: Up to 5 years
Fine: $1500 - $10,000
What are the repercussions of Operating While Impaired (OWVI) Second (3rd) Offense?
Prison: Not less than 1 Year or more than 5 years
Probation with Jail not less than 30 days nor more than 1 year
Fines: $500 - $5000
Community Service of not less than 60 days or not more than 180 days
Mandatory Vehicle Immobilization
What are the repercussions of OWI Causing Death also included impaired and Schedule One drugs?
15 Years Prison
Fines: $2,500 - $10,000
Mandatory Vehicle Immobilization
Change in Sentencing Guidelines
What are the repercussions of OWI Causing Serious Injury also included impaired and Schedule One drugs?
5 Years
Fines: $1000 - $5000
Mandatory Vehicle Immobilization
What are the repercussions of Child Endangerment driving scenerio?
Jail: 5 Days - 1 Year
Fines: $200 - $1000
Community Service of not less than 30 days or not more than 90 days
Mandatory Vehicle Immobilization
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John@KnappmannLaw.com
FAQ: DUI, DWI, OWI, DRUNK driving
Drunk Driving Cases are Different.
There are many events that need to be done by proper legal protocol and each individual case are very unique from one another.
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