DUI – DRUNK DRIVING LAWYERS

Brighton and Howell Michigan

In Michigan, one can be found guilty of operating while intoxicated (otherwise known as drunk driving) in a variety of ways. Our state has a classification of operating while intoxicated that one may be found guilty of drunk driving if they operate a motor vehicle with a blood alcohol content (or BAC) of .08 or higher. In order for the state to prove this charge, the state must show that a person consumed alcoholic liquor and that the consumption of the alcoholic liquor substantially and materially affected their ability to drive. The state uses two main methods to determine what a person’s BAC is. The state has authorized law enforcement to gauge a person’s BAC through either a data master test or a blood test. If a person unreasonably refuses to take a data master test or a blood test at a police officer’s request, they may face licensing sanctions that would cause their license to be suspended for up to one year and add six points to their driving record. The state’s main evidence in a drunk driving case is typically the results from the chemical test results of the data master test or the blood test. The prosecutor will also use the results of road side tests, known as field sobriety tests, to ascertain whether or not a person is under the influence. Many times the police agencies involved in the stop have a video recording in the police car that show the results of these tests. Obtaining copies of these videos can be used as an important tool to exonerate a suspected drunk driver.

On October 1, 2010, Michigan instituted a separate crime called operating a vehicle with a blood alcohol content of .17 or more or “super drunk”. The impact of the super drunk law enhances the potential penalties that one would face for a drunk driving crime. (See the chart listed below for potential penalties.)

A person can also be charged in Michigan for operating under the influence of alcohol, drugs, or a combination of both. In order to be found guilty of operating under the influence of alcohol, drugs, or a combination of both, the prosecution must prove that because of your drinking, drug use, or a combination of the two your ability to operate was substantially lessened. This category of drunk driving is differentiated from operating while intoxicated or the super drunk as the prosecution does not have to establish a specific level through a data master test or blood test to establish that a person is guilty of this crime. The prosecution must only prove that the small amount of alcohol or drugs substantially lessened the driver’s ability to operate a vehicle.

In addition to the fines and costs owed to the court associated with a drunk driving case, additional fines must be paid to the state based solely on the conviction. The drunk driver will face a driver responsibility fee, reinstatement fees for relicensure and a potential for an increase in insurance costs associated with a drunk driving conviction.

Our firm is experienced and skilled in handling drunk driving cases so we can reduce the impact of such a crime.

First OWI Conviction-Misdemeanor

Possible up to 93 days in jail (up to 180 days in jail if Super Drunk)
Possible up to 360 hours of community service
Possible fine of up to $500 ($700 if Super Drunk)
Possible vehicle immobilization
Possible ignition interlock
Driver’s license: 30 days suspended, 150 days restricted (45 days suspended, 320 days restricted if Super Drunk)
Driver’s license: 6 points
Driver Responsibility Fees

Second OWI Conviction in last 7 years-Misdemeanor

Possible 5 days to 1 year in jail
Possible 30 days to 90 days of community service
Mandatory fine of $200 to $1,000
Mandatory vehicle immobilization
Possible ignition interlock
Driver’s license: minimum 1 year revoked
Driver’s license: 6 points
Driver Responsibility Fees

Third OWI Conviction in a lifetime-Felony

Possible 1 year to 5 years in prison
Possible 30 days to 1 year in jail, probation, and community service for 60 days to 180 days
Mandatory fine of up to $5,000
Mandatory vehicle immobilization
Possible ignition interlock Driver’s license: minimum 5 years revoked
Driver’s License: 6 points
Driver Responsibility Fees

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