Being arrested and charged with a DUI/OWI is a reality every person faces when they sit behind the wheel after they’ve had a few drinks. For many, this is the first time that they have had a run in with the law. But there is no mistaking, the penalties for a DUI First Offense are quite severe. If you or someone you know has been charged with drunk driving, do not hesitate to call a qualified DUI defense attorney.
In Michigan, the legal alcohol limit for those over the age of 21 is .08 percent. If your blood alcohol content, or BAC, is over the legal limit, you will be charged with drunk driving. In addition, you could be charged with drunk driving if the officer believes that your ability to drive is significantly deteriorated by the consumption of alcohol (OWI) or lessened to the point it would be noticed by another individual (OWVI).
Free of extenuating circumstances, a first DUI offense is classified as a misdemeanor. There is the possibility of jail time – the maximum sentence is 93 days, though most first-time offenders will not spend that many days in jail. In some courts however, judges do routinely give jail time for first offenders. Only an experienced DUI attorney will be able to tell you if you are facing such a judge.
If you have been charged with OWVI, you are subject to pay extremely large fines. If you are charged with OWI because you are OUIL or BAC Per Se, then you will spend even more money in fines.
For an OWVI offense, your license is restricted for 90 days, while an OWI offense or BAC Per Se results in a 30 day suspension and 150 days of a license restriction. In some instances, the court may order that your vehicle is immobilized, or impounded.
Furthermore, you may be ordered to attend a court-approved DUI/OWI School. Also, the judge may sentence you to perform a maximum of up to 360 hours of community service.
Michigan has enacted a Zero Tolerance Law, created to deter minors from drinking any alcohol before operating a vehicle. A minor with a BAC over .02 percent is in violation of this law. This is a misdemeanor, and the penalties include up to 360 hours of community service and very large fines.
A DUI remains on your driving record for life. This could very likely affect your insurance coverage and rates as well as current and future employment.
If you would like to discuss your Michigan DUI first offense with an experienced DUI/OWI attorney, contact Komorn Law today. We will discuss your case and help determine what the next step is towards defending your case.