Driving under the influence of alcohol is a serious offense in Michigan that can result in harsh penalties, including fines, jail time, license suspension, and ignition interlock device installation. In this blog post, we will explain some of the key aspects of Michigan's operating under the influence of alcohol laws and how they may affect you if you are arrested for drunk driving.
In Michigan, operating under the influence of alcohol (OUI) is a broad term that covers several types of intoxicated driving offenses. The most common ones are:
- Operating while intoxicated (OWI): This means driving while under the influence of alcohol or drugs, or having a blood alcohol content (BAC) of 0.08% or higher. This is also sometimes called DUI (driving under the influence) or DWI (driving while intoxicated).
- Operating while visibly impaired (OWVI): This means driving while showing visible signs of impairment due to alcohol or drugs, regardless of your BAC level. This is a lesser offense than OWI but still carries significant consequences.
- Operating with any presence of a controlled substance (OWPCS): This means driving with any amount of an illegal drug in your system, even if it does not impair your ability to drive. This is also known as zero tolerance for drugs.
- Super drunk: This means driving with a BAC of 0.17% or higher. This is an enhanced offense that carries more severe penalties than OWI.
The penalties for operating under the influence of alcohol depend on several factors, such as your prior convictions, your BAC level, and whether you caused any injury or death to another person. Here are some general penalty ranges for OUI offenses in Michigan:
| Offense | Jail Time | Fine | License Suspension | Ignition Interlock |
|---------|-----------|------|--------------------|--------------------|
| OWI 1st offense | Up to 93 days | $100 to $500 | 30 days suspension followed by 150 days restricted license | Possible |
| OWVI 1st offense | Up to 93 days | $300 to $500 | 90 days restricted license | Possible |
| OWPCS 1st offense | Up to 93 days | $100 to $500 | 30 days suspension followed by 150 days restricted license | Possible |
| Super drunk 1st offense | Up to 180 days | $200 to $700 | One year suspension with possible restricted license after 45 days with ignition interlock device installed at driver's expense.| Required |
For second and third offenses within seven years, the penalties increase significantly. For example, a third OWI offense within seven years is considered a felony and can result in up to five years in prison, up to $5,000 in fines, license revocation for at least one year (up to five years), vehicle forfeiture or immobilization, and mandatory ignition interlock device installation.
Additionally, if you cause death or serious injury to another person while operating under the influence of alcohol, you can face even more severe penalties such as up to 15 years in prison and up to $10,000 in fines for causing death; and up to five years in prison and up to $5,000 in fines for causing serious injury.
If you are arrested for operating under the influence of alcohol in Michigan,
you have certain rights and options that may help you fight your charge
or reduce your penalties. Some possible defenses include:
- Challenging the legality of your traffic stop or arrest
- Challenging the accuracy or reliability of your breathalyzer test
- Challenging the validity or admissibility of other evidence against you
- Negotiating a plea bargain with the prosecutor
- Seeking alternative sentencing options such as probation, diversion programs, or sobriety court
However, to successfully pursue any defense strategy, you will need an experienced OUI attorney who knows how
to navigate Michigan's complex OUI laws and procedures. An OUI attorney can advise you on your best course of action,
protect your rights, and advocate for your interests throughout the legal process.
Operating under the influence of alcohol is a serious crime that can have lasting consequences on your life. If you are facing an OUI charge please contact us today for a legal consultation.
This blog does not constitute legal advice. By reading this blog you are not creating an attorney/client relationship with North Coast Legal, PLC. An attorney/client relationship is established once you and North Coast Legal, PLC have entered into a retainer agreement for services to be rendered.
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