If you are convicted alcohol related driving offense, you could face jail time, lose your drivers license, mandatory court order treatment, AA and significant financial loss. As a result of a conviction you could even lose your job. When so much is at stake, it is important to understand Michigan’s OWI laws and other legal issues surrounding what is commonly referred to as drunk driving. Operating while intoxicated (OWI) and driving under the influence (DUI) refer to the same thing – being charged with drunk driving.
Operating While Intoxicated (OWI)
It is illegal to operate a motor vehicle while intoxicated in the State of Michigan. The charge of OWI First Offense is a a misdemeanor charge. In Michigan the legal blood alcohol content (BAC) limit for drivers over 21 is .08%. If your blood alcohol is at .08% or higher, you can be charged with OWI.
Operating with the Presence of a Schedule 1 Drug or Cocaine (OWPD)
It is illegal to operate a a motor vehicle with the presence of a schedule 1 drug or cocaine in your system. You do not need to appear intoxicated or impaired, if you have these drugs in your system, as determined by a chemical test of your blood, breath or urine, you can be charged with OWPD.
Operating while Visibly Impaired (OWVI)
In Michigan is is illegal that as a result of alcohol or drugs, your ability to operate a motor vehicle was visibly impaired. You can be charged with OWVI.
Under Age 21 Operating with a Bodily Alcohol Content (Zero Tolerance)
Zero Tolerance means having a BAC of 0.02-0.07, or any presence of alcohol in your body. Your are not allowed to purchase have in your possession or consume alcohol if you are under the age of 21.
Super Drunk
Starting October 31, 2010, if your are arrested for Drunk Driving and your BAC is 0.17 or higher you can be charged with High Blood Alcohol Content (Super Drunk). As a result, if convicted the you will suffer harsher consequences.
Second Offense within 7 Years
If within the past 7 years you have been previously found guilty of either OWI, OWVI, OWPD or SUPER DRUNK, and you are arrested again you can be charged with a second offense where the consequences are much more severe.
Third Offense within a Lifetime is a Felony
If you have two prior convictions in any combination for OWI, OWVI, OWPD or SUPER DRUNK and are arrested again, you can be charged with a felony where the consequences are much more severe.
If an individual is convicted of OWI or OWPD, you could face:
- A maximum 93 days in Jail.
- A maximum of 360 hours of community service.
- Driver’s License Suspension for six (6) months with the possibility of getting a restricted license after thirty (30) days.
- Possible vehicle immobilization.
- Possible ignition interlock device placed in your vehicle.
- Six (6) points added to your driving record.
- Driver Responsibility Fee from the Secretary of State for to (2) years.
- Up to $500 in fines plus court costs.
- Alcohol Treatment.
- Drug and Alcohol testing.
If an individual is convicted of Super Drunk, you could face:
- A maximum of 180 days in jail.
- A maximum of 360 hours community service.
- Up to $700 in fines plus costs.
- Driver’s License suspension for 1 year, with the possibility for a restricted license after 45 days of suspension if an ignition interlock device is installed.
- Six (6) points on your driving record.
- Driver Responsibility fee of $1,000 a year for 2 years.
- Alcohol Treatment
- Drug and Alcohol Testing
If an Individual is convicted of a second offense within 7 Years, you could face:
- A maximum of 1 year in jail.
- A maximum of 90 days community service.
- Up to $1,000 in fines plus costs.
- Driver’s license revocation for a minimum of 1 year (A minimum of 5 years if there was a prior revocation within the past 7 years).
- Vehicle immobilization for 90-180 days, unless the vehicle is forfeited.
- Six (6) points to your driving record.
- Driver Responsibility fee of $1,000 a year for 2 years.
- Alcohol Treatment.
- Drug and Alcohol Testing.
If an Individual is convicted of a Third Offense within a Lifetime, you could face:
- A Maximum 5 years in prison.
- A Maximum 180 days community service.
- Up to $5,000 fine plus costs.
- Driver license Revocation.
- Vehicle immobilization for 1-3 years, unless the vehicle is forfeited.
- Four (4) points to your driving record.
- Driver Responsibility fee of $1,000 a year for 2 years.
- Alcohol Treatment.
- Alcohol and Drug Testing.
A conviction becomes part of your permanent record and can have serious implications on your life. By contacting our office, we will meet with you to discuss your situation and come up with a strategy that meets your need and will protect your rights.
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