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. In this blog, we will be going over what a DUI is in Michigan and the consequences.
OWI in Michigan
An OWVI conviction only requires the government to prove that you were visibly impaired. There is no specific rule about how the government may or must prove this. The police officer who issued the citation can simply testify at trial. If either the judge or the jury is convinced by this testimony that you were visibly impaired. The level of impairment for OWVI is actually less than that of an OWI charge. Any level of impairment even slightly below the ability level of a normal, careful, driver is sufficient.
The penalties for OWI tend to be more severe, mainly because it either involves much worse intoxication or the fact that blood alcohol content is a more objective measure of impairment. These penalties are all for a first time OWI/OWVI. A repeat offense will likely result in even harsher penalties. If you have no OWI/OWVI convictions for seven straight years, your record will be reset to zero and your next conviction will be considered a first-time offense.
Penalties
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.
Conclusion
If you have been charged with an OWI/OWVI contact a lawyer immediately, this is not a case you should handle alone. 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 are 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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