What Happens To First Time DUI Offenders in Michigan?
- What Happens To First Time DUI Offenders in Michigan?
- Michigan OWI
- Underage DUI Michigan
- Michigan Felony DUI
- DUI Causing Serious Injury
- Get Michigan DUI Help: Repeat Offenses for DUI Arrests
- Hire an experienced Michigan DUI Attorney
- Michigan DUI Penalties
- How Much Fines and Costs will be required in my Michigan Driving Case?
- Michigan Drunk Driving – 3rd Offense in a Lifetime is a Felony
- DUI in Michigan – Driver’s License Penalties
- DUI 2nd Offense in Michigan – Am I Going to Jail?
The state of Michigan enforces stringent arrest protocol for anyone who is suspected of a DUI (driving under the influence) charge. Once an arrest has been made, the offender is mandated by law, to stay a minimum of four to twenty four hours in jail- depending on the field sobriety test results before being eligible for bail.
Michigan treats any BAC indication of over .07% as eligible for prosecution under the terms of a criminal offense. The mitigating circumstances surrounding arrest, prosecution, number of offenses, age and blood alcohol level tested will dictate the penalties for each conviction. Michigan Laws haves no fixed protocol for sentencing with DUI arrests and can be anything from fines, drivers licensing revocation, automobile forfeiture and incarceration depending on the degree of damage and arrest circumstance, all of which increase depending on the BAC level recorded.
In the state of Michigan drunk driving offenses are categorized as OUIL (operating under the influence of intoxicating liquor), OWI (Operating while Impaired), UBAL (driving with unlawful Bodily alcohol level or a DUI)- each carrying its own severity of sentence and fine.
A minimum fine of $100 to $500 dollars is ordered to an offender who is found guilty of committing any of the three drunken driving offenses, with a maximum of 93 days jail time served with a possible addition of 45 days of community service. All alcohol related driving convictions require the defendant to subscribe to a substance abuse screening test and may be ordered for rehabilitation, with expenses covered by the defendant upon the judge’s recommendation. The defendant may also be ordered to pay all court costs.
An OWI is the most common and least of all alcohol related driving convictions and is treated as a misdemeanor violation. Once an offender please guilty or is convicted they can be charged up to 93 days in jail with a fine of $300 and afforded jail time. License refusal for a first time offender is a maximum of 30 days whereas a restricted license can be issued for a period of up to 6 months following.
The state of Michigan operates under a traffic points system where you accrue points on your license every two years. 6 points is afforded for unlawful bodily alcohol content of .10% and more with 6 points for refusal to take a test, 6 points for being convicted as a minor, 4 points for refusing to take a field sobriety test initially, 2 points if found to have an open alcohol container in a vehicle for minors.
Underage DUI Michigan
Michigan practices a Zero Tolerance law for first time offenders of alcohol related driving arrests under the age of 21. All convicted minors will receive a fine of $250, with or an additional 60 days of community service at the recommendation of a Judge. Licensing is restricted for 30 days. A judge will order the offender to go through screening for alcohol and other substance abuse all paid by the defendant.
Drunk driving is officially known as operating while intoxicated (OWI) or operating while visibly impaired (OWVI) in Michigan (OWVI). If you receive two convictions for either offense, your third will be considered a Class E felony, with the following penalties:
- Possible 1-5 years in jail
- A minimum of 30 days in jail
- Up to $5,000 in fines
- Community service ranging from 60 to 180 days
- Driver’s license revoked
- Six points added to your license
- Your vehicle will be forfeited.
The worst part about a felony DUI conviction, despite the tougher criminal penalties, may be the collateral consequences. You will have extreme difficulty finding employment and housing as a felon, even after you have served your sentence, and you will lose your right to own a firearm. These collateral consequences frequently outweigh the actual criminal penalties, especially since people with clean criminal records who are convicted of class E felonies typically receive only probationary jail time.
DUI Causing Serious Injury
A prosecuting attorney may charge you with a class E felony if you drive drunk and cause serious injury, which is the same as a third DUI conviction. To be convicted of OWI causing serious injury, strong evidence must be presented that your drunk driving was the actual cause of the victim’s injury and that the injury consequently results in an impairment of one of the victim’s bodily functions. While a bruise or a cut may not be considered a serious injury, a bone fracture would satisfy this standard because it usually involves limited mobility for some time following the accident.
Get Michigan DUI Help: Repeat Offenses for DUI Arrests
The sentence for repeat DUI convictions especially those who cause property damage, accidents that lead to bodily harm and casualty will be subject to the highest form of prosecution declaration where a Judge will sentence defendants to unsympathetic criminal charges. For specific cases of reckless driving, the installation of ignition interlock devices to all your vehicles is court-ordered. The court will most positively necessitate random drug testing and compulsory completion of an alcohol management course in a qualified facility as part of your sentencing and is not paid by the state.
Repeat offenders, be subject to heavier criminal and administrative penalties and are discretionary to the judgment of the court and can vary as each case is normally affected by dissimilar circumstance and extent of DUI apprehension. The more extenuating conditions and repeat offenses are unveiled, the sentencing becomes more unhindered.
Hire an experienced Michigan DUI Attorney
The most important aspect of your defense is hiring a law firm that has a deep understanding of the DUI laws that govern conviction, plea bargaining, appeal and sentencing for the state. There are reputable law firms with an established practice that will make a significant difference in the outcome of your DUI charge. You can contact Michigan DUI lawyers either by phone or online. The first consultation is completely confidential and is normally free of charge.
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