Michigan DUI Laws & Attorneys
by Joshua Dale
More than any other state, Michigan is synonymous with the auto industry. Along with the auto came a two edged sword of benefits and abuses. Abuse the Michigan drunk driving laws and you’re going to lose many of the driving privileges and other benefits you enjoy.
There are three terms used to describe drunk driving in Michigan. First of all the per se law states that a driver is assumed legally impaired and operating a vehicle while intoxicated (OWI) when blood alcohol content is .08%. This is proven by a breathalyzer which measures blood alcohol content (BAC).
Then there is driving or operating a vehicle while visibly impaired and this is often proven by any odor of alcohol, bloodshot, watery or glassy eyes, unsteady balance, slurred speech, lack of coordination, by any manner of unsafe driving or “attitude”. Although this evidence is a subjective opinion of an officer, it is admissible in court. A chemical test result can be used by the judge or jury to determine if you've committed this crime, but a chemical test is not necessary.
Next is operating under the influence of intoxicating liquor or drugs by a minor (OUIL). The (zero) tolerance for minors is .02% BAC, demonstrating physical or mental symptoms of being impaired or alcohol on the breath.
Another charge is operating under the influence of drugs (OUID) or combination of drugs and alcohol. If the drug in question is a prescribed drug, then the standard of consideration and penalties are "substantially lessened” than with illegal drugs. However, prosecutors do not have to prove the driver was impaired, just that they were driving with those drugs in their system.
There are also serious sanctions for loaning a car to someone who is clearly intoxicated and driving drunk with someone under the age of 16 in the vehicle.
You will confront two gauntlets in a Michigan drunk driving charge. One from the criminal courts, the other from the Michigan Department of Secretary of State (DSS). Although the charges may look the same, they are treated somewhat differently. And some of the criminal and administrative penalties can run concurrently (at the same time).
First there is the criminal court case which can result in jail time, fines, mandatory alcohol education and treatment, license suspension, and installation of ignition interlock devices (at your expense). The other confrontation is with the Department of Secretary of State administrative hearing. Unlike criminal court, at the civil hearings you will have to prove yourself innocent or they will suspend your driver's license. Even if you are found not guilty in court, the DSS can still take away your license.
When someone is arrested for a Michigan OWI, they will generally receive a Notice of Suspension from the DSS following a conviction. You will have to appeal a suspension of your license to the DSS after a court verdict. Based upon your driving record (according to a points system) your license can then be suspended or revoked. This calls for the skills of a Michigan OWI lawyer to protect your driving privileges. If you snooze you loose your driver’s license.
If you haven’t been drinking or believe that you have ingested alcohol from a benign source such as alcohol based paint or solvents, mouthwash or prescription or over the counter drugs, be aware that it’s very possible to be arrested for driving in an unsafe or impaired manner— even if you are not “legally drunk” according to Michigan OWI law.
Across the country drunk driving laws and evidentiary procedures are being challenged, while at the same time state laws are becoming more severe. To be certain that you have the correct and current OWI knowledge contact a Michigan OWI specialist. In any case, when you are stopped and arrested for suspicion of drunk driving in Michigan, request to see a Michigan OWI attorney, the sooner the better.
– Info You Should Know –
Was I Stopped Legally?
Basically you were stopped because of an equipment failure or an officer had probable cause to think you were driving in an impaired manner. Arrests for drunk driving in every state focuses on four areas: driving patterns, physical appearance, field sobriety tests, and chemical tests.
Not all reasons offered by officers are always legal. Check with a Michigan OWI attorney who will examine all the different aspects of your case, will defend you aggressively and try to mitigate any penalties.
Should I Have Talked To the Cop?
Remember that you don’t have to answer any questions that will incriminate you. Most people say that they have had a "couple of drinks” which is not necessarily incriminating. However such "statements of consumption" will be used against them in court.
And if you plan to refuse a sobriety test – which may not be the best action – you should inform the officer who stopped you that you would rather wait until instructed by a Michigan OWI lawyer. But be advised if you refuse the test under the implied consent law you can lose your license on the spot, and probably for many months.
Did I Have A Right To Make A Call?
The police are not required to advise you of this right. But once a request is made, they are obligated to provide an opportunity to make a call, hopefully to a Michigan OWI specialist.
I’m Simply Going To Plead Guilty, Why Do I Need A Michigan OWI Lawyer?
Michigan OWI convictions and penalties can be long lasting and severe, both in court and with the Department of Secretary of State which regulates your driving privileges. These penalties and the numerous and complicated laws relating to motor vehicles, OWI charges and Michigan drunk driving laws should be taken very seriously.
Experienced and skilled legal counsel may be able to help minimize your penalties by minimizing your while maximizing your defenses. A Michigan OWI defense attorney will level the playing field between you and the prosecution in an effort to provide and preserve your constitutional rights.
When considering consulting a Michigan OWI attorney, take into account the impact of a criminal conviction: possible loss of voting privileges, increased cost or cancellation of auto insurance, lost educational opportunities, inability to rent or own cars, restrictions on travel, harm to security clearances, job barriers, possible damage to professional credentials or certifications, and being deprived of personal freedom. Don’t you think these rights, possessions, achievements and abilities are worth protecting?
What’s A Michigan OWI Defense Attorney Going To Cost?
One of the biggest concerns for people charged with driving while intoxicated is attorney fees. As cases vary, so does cost. Most people don’t realize that money spent now on skillful help from a Michigan OWI attorney might save them thousands of dollars in the years to come.
What Are Court Costs?
Addition costs outside of the fine for court or administrative services, regulated by state penal or vehicle code violated. They can be costly.
What if I Refused To Take a BAC (blood alcohol content) Test?
A driver’s license or driving privileges can be suspended for a period of 1 year. To plead your case for saving your driving privilege you must make a request to the Michigan DSS for a hearing after the court proceedings. This hearing is not a true trial and producing evidence of innocence and the burden of proof bears upon the accused.
Can I Plea Bargain?
It is next to impossible to plea bargain a Michigan drunk driving charge without an experienced OWI lawyer. Often effective Michigan OWI counsel will be able to negotiate a plea to a lesser charge.
A plea bargain means that you agree to plead guilty to some lesser charge or having your attorney and prosecutor mitigate the penalties.A practiced Michigan OWI attorney often times will be able to negotiate a plea to a lesser charge as many cases are resolved prior to trial. The plea bargain is extremely advantageous to anyone accused of a Michigan OWI, but remember any conviction will still count as a ‘prior’ for calculating penalties for future offenses.
I’ve Heard of A Nolo Contendere Plea, What Is It?
In legal terms, nolo contendere (Latin for “I do not wish to contest”) is an alternative to a guilty or not guilty plea. While not technically a guilty plea, a nolo plea has many of the same effects, but with some mitigating circumstances. In most states you can only plea nolo once in DUI cases. Generally a judge decides whether a nolo plea will be accepted, and it is not always available.
In any case, without services of a veteran Michigan OWI specialist, specialized pleas or plea bargaining is not possible.
Is Being Punished by the Michigan DSS and the Criminal Courts Double Jeopardy?
Like most states, Michigan law permits the enforcement of administrative penalties in addition to court punishments, as the state considers driving a privilege, not a right, and not subject to civil liberties. Michigan DSS administers driver’s licenses, imposes civil penalties, serves as the judge and jury and also deals out punishment.
What if I Am An Out-Of-State Driver?
Be advised that Michigan, along with almost all states and the District of Columbia, have an out-of state Driver’s License Compact Agreement, meaning that Michigan OWI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out of state drivers can also create other complications. Consequently, it’s imperative that you contact a local Michigan OWI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
What Happens In Court?
You’ll have to make several appearances. In a criminal case you have the right to a jury trial with presumption of innocence, but once convicted, it can be up to the judge what punishment you will receive. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on a number of things including the number of priors. These convictions include any previous Michigan administrative or criminal court drunk driving suspensions, for refusal to submit to a BAC test, or any ‘operating while intoxicated’ convictions in other states. There are also penalty enhancements due to aggravated circumstances.
In addition, a judge may require you to participate in alcohol or drug treatment programs as part of a parole (probation) program, install an ignition interlock device in your vehicle, or have it immobilized.
What About Punishments For Multiple Michigan Convictions?
Any time you face multiple or ‘aggravated’ charges, or if death, injuries or sizeable property damage occurs, the fallout for multiple Michigan OWI convictions will get very heavy, including thousands of dollars in fines, mandatory years of imprisonment, massive restitution and a of loss of license and vehicles for years, if not permanently. We cannot strongly enough recommend retaining an experienced Michigan OWI attorney in order to secure the best possible outcome of a potentially severe situation.
– Criminal Penalties –
1st Michigan OWVI/OWI
BAC of .08%
93 days jail.
$100 to $500 in fines.
360 hours community service.
Possible interlock ignition device.
May immobilize vehicle.
2nd Offense
5 days to 1 year in jail.
$200 to $1000 in fines.
30 to 90 days community service.
Possible interlock ignition device.
Mandatory immobilization of vehicle.
3rd Offense
1 year to 5 years in prison.
30 days to 1 year with probation.
$500 to $5000 in fines.
60 to 180 days community service.
Possible interlock ignition device.
Mandatory immobilization of vehicle.
Allowing An Intoxicated Person To Drive/Loaning A Vehicle To An Intoxicated Person
93 days jail.
$100 to $500 fine.
Operating While Visibly Impaired (no BAC presumptions)
93 days in jail.
Up to $300 in fines.
360 hours of community service.
Possible immobilization of vehicle.
2nd OWVI Offense
5 days to 1 year in jail.
$200 to 1000 in fines.
30 to 90 days community service.
Mandatory immobilization of vehicle.
3rd OWVI Offense
1 to 5 years in prison.
30 days to 1 year in jail with probation.
$500 to $5000 in fines.
60 to 180 days community service.
Mandatory immobilization of vehicle.
Minor OUIL
$100 to $500 in fines.
360 hours of community service.
1st Offense Operating a Vehicle with A Minor While Intoxicated (child endangerment)
5 days to 1 year in jail.
$200 to $1000 in fines.
30 to 90 days community service.
Mandatory immobilization of vehicle.
2nd Offense
1 to 5 years in prison.
30 days to 1 year in jail with probation.
$500 to $5000 in fines.
60 to 180 days community service.
Mandatory immobilization of vehicle.
Operating Under the Influence of a Controlled Substance
Same penalties as OWI for 1st, 2nd and 3rd offense.
Commercial Driver License (CDL)
1st conviction in any vehicle, 1 year suspension of CDL.
Eligible for 90 day restricted license.
2nd conviction permanent disqualification.
– Department of Secretary of State Driver’s License Penalties –
Driver’s License Suspensions
Michigan DSS operates under a points system for suspension of driver’s licenses.
Operating under the influence of liquor or drugs = 6 points.
Unlawful bodily alcohol content of 0.10% or more = 6 points.
Refusal to take a chemical test = 6 points.
Minor with any bodily alcohol content = 4 points.
Refusal of PBT (test) by minor = 2 points.
Open alcohol container in vehicle = 2 points.
A person’s license is subject to suspension if they accumulate 12 points within a 2 year period. You may easily accrue 12 points or more though one drunk driving incident.
– Disclaimer –
Only skilled and licensed Michigan OWI specialists should provide you with bonified legal advice. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for speaking with an accredited Michigan OWI attorney. There is no warrantee, expressed or implied herein. These issues are complicated, laws change and Michigan OWI litigation takes experience. Please let us refer you to a seasoned Michigan OWI professional.
– Citations –
Michigan State Code -- MCL 257.625
MCL 333.7212, or a rule promulgated under that section, or of a controlled substance described in section 7214(a)(iv) of the public health code, 1978 PA 368, MCL 333.7214.
MCL 257.625
MCL 257.625(8) Controlled substances
