If you or somebody you know has a DUI then this is the blog for you. It is important to be informed about DUI and other Michigan driving laws. Goldman and Associates has all the information you need to know about Michigan laws.
DUI stands for driving while intoxicated. It is a common term for drunk or inebriated driving. In Michigan the official term is OWI (operating while intoxicated). You can be convicted of OWI if you drive an automobile while under the effects of alcohol or any other intoxicating substance.
There is also another crime called OWVI (operating while visibly impaired), which can be charged if the prosecutor can prove that there was visible proof that your ability to safely drive was hindered by the effects of alcohol or drugs. While there are certain safe levels of alcohol consumption that will not result in a DUI, the presence of any amount of a schedule 1 drug is automatically illegal. Due to the fact that driving is such an important activity in today’s society, it is important to know how OWI/OWVI works and what the consequences can be.
Penalties for an OWI/OWVI conviction
The first OWI/OWVI offense can land you up to 93 days in jail. The fines for an OWVI are capped at $300. If you blow a blood alcohol level of .17% or higher, the maximum jail time for OWI jumps to 180 days (nearly double). Standard fines for OWI are $100-$500 dollars, but a .17% BAC will also boost that to $200- $700.
The penalty for a first time OWVI conviction cannot exceed $300. OWI and OWVI can also be punished by up to 360 days of community service. The second and third offenses for OWI and OWVI will also result in the confiscation of your license plate and the denial of vehicle registration.
How many points will I get on my license for OWI?
The first OWI offense is worth six points. The first OWVI is worth four points. The second and th ird offenses (in a seven year period) are worth an additional four or six points respectively. Having 12 point or more on your lience is extremely bad and can affect your life.
Can I have my license suspended for OWI?
Yes, you can? For an OWVI, your license will be “officially” suspended for 90 -180 days. However, a restricted license will be available immediately. A restricted license will allow you to retain limited driving privileges. You will have to get an Ignition interlock device (stops car from starting if it detects alcohol) installed on your car.
An OWI carries a 180 day (6 month) suspension and you have to wait at least 30 days (1 month) to get a restricted license. If you blow .17% or higher on a BAC test, the suspension will last for 1 year and the waiting period for a restricted license is increased to 45 days.
Are there factors which can make an OWI conviction worse?
Yes, there are factors which, if proven, can result in an enhancement of the normal penalties or consequences of a first time OWI/OWVI conviction. One such factor is blowing . 17 or greater on a BAC test (mentioned above). Another exacerbating factor is having a passenger younger than 16 years old when you commit an OWI/OWVI offense will result in enhanced penalties.
The fines jump to $200 -$1000, and the maximum jail sentence increases to up to 1 year. The court can also impose 30 to 90 days of community service. This will also increase the suspension period to the maximum 180 days and the waiting period will jump to 90 days. The presence of a young passenger makes either immobilization or vehicle forfeiture mandatory. If the Judge doesn’t order a seizure, then the court will automatically order immobilization as a matter of law.
Conclusion
If you caused an accident that resulted in injuries while driving with a suspended license, the fines will jump to $1000-$5000, and the maximum jail sentence shoots up to 5 years (i.e. a felony). If the accident results in death, the fines can range from $2500-10,000 and the prison term can last up to 15 years. Felony convictions can have serious lifelong consequences. They can completely ruin your job prospects and make it illegal for you to own or carry firearms for the rest of your life. Causing death or serious injury as a result of driving while intoxicated is a felony identical to causing the same with a suspended license. If your license is suspended, you get drunk, and cause an accident involving injury or death, you will likely be charged with two separate felonies with doubled up penalties.
Even without considering all of these daunting criminal penalties, the suspension of the license itself is a huge loss and burden to anyone who lives and works in Michigan. Just imagine everything in your life that depends on having a car. Now that you have a better understanding of the importance of your car, you will think twice before driving it while intoxicated. Not only is it incredibly dangerous, but these risks and costs should also serve to dissuade you. Remember that drinking and driving is dangerous and it can cost lives.
For more information on DUI in the State of Michigan watch the video below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions.
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