If you are driving with a BAC of .08 BAC or higher, you are violating Michigan State Law. Drivers under that age of 21 and commercial drivers must observe a lower BAC level of .02. In addition to the OWI/DUI laws, Michigan also has the OWVI (Operating While Visibly Impaired Law), which applies to those drivers arrested while using drugs and/or alcohol.
Administrative Penalties
If you are convicted of a third or subsequent DUI offense, the following administrative penalties are possible:
Fines from $200-$1,000.
A $1,000 Driver Responsibility Fee for 2 years.
You may need to install an ignition interlock device at your own expense.
Driving license is suspended for a minimum of 12 months.
Six points added to your driver’s license.
Confiscation of your driver’s license.
Vehicle is either forfeited or immobilized for 90 to 180 days.
Criminal Penalties
If you are convicted of a third or subsequent DUI offense, the following criminal penalties are possible:
A probation sentence of 1 month to 1 year.
A jail sentence of 1 year to 5 years.
The Lookback Period
Michigan courts look back between 7-10 years to see if you had 2 previous DUI convictions; if so, the above penalties will apply.
Felony vs. Misdemeanor in Michigan
If there is serious bodily injury, it’s considered a third-degree felony. If a death is caused by the accident and the driver was intoxicated, it could be classified as a second- or even as a first-degree felony. DUI accidents without serious bodily injury are usually classified as misdemeanors.
Plea Options
The individual can do any of the following:
Plead Guilty or “No Contest” – the individual admits to everything with which he/she is charged and will accept whatever penalty the court imposes. Plead Not Guilty and Fight It – the individual does not admit to anything with which he/she is charged and challenges the State of Michigan to meet its burden of proof. Plea Bargaining – This usually only applies to first-time DUI/DWI offenders, as this lessens or eliminates the penalty of incarceration and replaces it with extended probation periods and costly other conditions.
Michigan Law provides police with a wide range of powers during roadside stops. Komorn Law has the experience, knowledge, and skill to balance those powers and preserve your rights in the courtroom.
Our firm aggressively defends all aspects of traffic law, from simple civil infractions to more serious alcohol and drug-related offenses. We diligently investigate all aspects of the incident from the initial stop through the arrest in order to most effectively defend your case. Click here for a break down of Michigan’s Criminal Penalties for DUI Offenses
If you have been charged with a DUI First Offense, the penalties can be severe. Certain Judges from various counties have made it their policy to come down hard on drunk drivers, sending first offenders to jail. If you have been charged with a DUI, it is important that you have an attorney with over 20 years of experience on your side.
The Judges and prosecutors you face will not be lenient and before you take a deal that suspends your license, forfeits your car, and sends you to jail, it is important that you consult with an attorney who has successfully handled dozens of DUI cases over the past 20 years.
Komorn Law thoroughly reviews and scrutinizes all aspects of your case, including PBTs, sobriety tests, and BAC tests in order to protect your 4th, 5th, and 6th Amendment rights. Sobriety and BAC tests are not fail proof and it is entirely possible to have your case dismissed without penalty based on those two elements alone.
License Restoration and Traffic Offenses
In Michigan, driving is a privilege, not a right. If you are faced with a possible suspension of driving privileges or have lost them outright, Komorn Law will develop a comprehensive legal strategy aimed at retaining or restoring those privileges.
Our outstanding success record has seen thousands drivers regain their driving privileges through a range of measures, including counseling and behavior modification.
We also work to reduce fines and points against your driver license levied in traffic violations.
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