Prescription drugs, medical marijuana, recreational cannabis, alcohol and more are considered to influence you in a way the law deems a crime. Therefore you can be charged with operating a motor vehicle or driving under the influence and here are your possible penalties in the state of Michigan.
It can be a car, a boat, a moped, a motorcycle, a riding lawn mower, a hovercraft or as those of you from the future know all to well… spacecraft (even on auto pilot). Well you say – I’m on a horse and it knows it’s way home. Well there’s a another special charge for you we won’t get into here.
– a $100 to $500 fine and one or more of the following:
– Up to 93 days in jail.
– Up to 360 hours of community service.
– Driver’s license suspension for 30 days, followed by license restrictions for 150 days.
– Possible vehicle immobilization
– Possible ignition interlock
– Six points added to driving record
– Driver Responsibility Fee ($1,000 for 2 consecutive years)
– $200 to $1000 fine, and one or more of the following:
– 5 days to 1 year in jail.
– 30 to 90 days of community service
– Driver’s license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
– License plate confiscation.
– Vehicle immobilization for 90 to 180 days, unless the vehicle is forfeited.
– Possible vehicle forfeiture.
– 6 points added to the offender’s driving record.
– Driver Responsibility Fee of $1,000 for 2 consecutive years.
From The State of Michigan Website
It is a crime for a driver to have a bodily alcohol content (BAC) of .08 or greater if over age 21 or .02 or greater if under 21. In addition, Michigan has a high-BAC law with enhanced penalties for anyone caught driving with a BAC of .17 or higher. However, drivers can be arrested at any BAC level if they exhibit signs of impairment while operating a motor vehicle.
Drivers with any amount of a Schedule 1 controlled substance and/or cocaine are subject to the same fines and penalties as drunk drivers, even if they show no signs of impairment. The only exception is an individual who has a valid medical marijuana card and is driving with marijuana in his or her system. Under the law, an officer must show they are impaired due to that marijuana.
Costs and Consequences of a Drunk Driving Conviction
Here are possible Michigan DUI / OWI Penalties for a first offender:
If BAC is below .17 and this is a first offense:
Up to $500 fine
Up to 93 days in jail
Up to 360 hours of community service
Up to 180 days license suspension
6 points on a driver’s license
If BAC is .17 or higher and this is a first offense:
Up to $700 fine
Up to 180 days in jail
Up to 360 hours of community service
Up to one year license suspension
6 points on a driver’s license
Mandatory completion of an alcohol treatment program
Ignition interlock use and compliance after 45 days license suspension is required to receive a restricted driver’s license. Convicted drunk drivers have limited driving privileges, are prohibited from operating a vehicle without an approved and properly installed ignition interlock device, and are responsible for all installation and upkeep costs for the device.
Anyone who refuses a breath test the first time is given an automatic one-year driver’s license suspension. For a second refusal within seven years, the suspension is two years.
Convicted drunk drivers are subject to a $1,000 penalty for two consecutive years under the Driver Responsibility Act, for a total of $2,000 in additional costs.
Safer Alternatives
Tens of thousands of people are arrested annually in Michigan for alcohol-related driving offenses. To avoid a drunk driving arrest and the costs associated with such an arrest:
Designate a sober driver before drinking alcohol
Call a friend, cab, ride service
Walk, or take the bus (and maybe get a public drunk ticket)
Stay overnight
If you are from the future then you may want to check out this page for any new laws or updates. I’m sure there are some because that’s all lawmakers do to justify their salaries. We don’t need so many and if you are from the future you may have defunded them already. Website (if the web is still a thing).
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
Walking – It’s still a right for now. Driving is another story. That is for the privileged. You must fight for that privilege when the system is in the process to take it away. Your best defense is a good offense. Komorn Law PLLC is the firm you hire when you want to go on the offense to put the system on defense. Yes that was some marketing we slipped in. Carry on…
Dangerous, negligent, or careless driving behavior can result in both serious legal consequences and the temporary or permanent loss of driving privileges.
License suspension
If a driver’s license is suspended, an individual’s driving privileges are temporarily withdrawn for a specific period and may be reinstated once the terms of the suspension are fulfilled. Because a driver’s license renewal transaction is required you must visit a Secretary of State Branch office to get your license reinstated.
License revocation
If a driver’s license is revoked, an individual’s driving privileges are terminated and can only be reinstated if the individual meets eligibility requirements and any conditions or terms set forth in a hearing facilitated through the Michigan Department of State.
Common causes for suspension or revocations
Six Points:
Manslaughter, negligent homicide, or other felony involving use of a motor vehicle
Operating under the influence of liquor or drugs
Failing to stop and give identification at the scene of a crash
Reckless driving
Unlawful bodily alcohol content of 0.08 or more
Refusal to take a chemical test
Fleeing or eluding a police officer
Four Points:
Drag racing
Operating while visibly impaired
Under age 21 with any bodily alcohol content
16 mph or more over the legal speed limit
Failure to yield/show due caution for emergency vehicles
Three Points:
Careless driving
Disobeying a traffic signal or stop sign or improper passing
11 through 15 mph over the legal speed limit
Failure to stop at railroad crossing
Failure to stop for a school bus or for disobeying a school crossing guard
Two Points:
Open alcohol container in vehicle
All other moving violations of traffic laws
Refusal of Preliminary Breath Test (PBT) by a driver under age 21
NOTE: Snowmobile and off-road vehicle (ORV) alcohol-conviction points are placed on a driver record and may result in licensing action against your driving privileges even though the violation happened while operating a snowmobile or ORV.
If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law PLLC and turn your defense into an offense. Call Now 248-357-2550
Understanding the hearings process
Due to COVID-19 social distancing requirements there are NO LIVE (IN-PERSON) hearings being held at this time. Until further notice ALL OHAO hearings are being held via video conferences using Microsoft Teams.
If you have not already done so, please download the free Microsoft Teams app now. DO NOT REGISTER or LOGIN.
Review the Notice of Hearing to find the name of the hearing officer assigned to your hearing.
Locate the name of the assigned hearing officer on the list below.
Follow the link below the name of the assigned hearing officer that says (Follow this link to join the meeting) join as a guest using your first/last name.
Make sure to enable your camera and microphone icons found at the bottom center.
You must access this link from the device you intend to use.
This is a formal hearing, and you should be in a quiet location by yourself and have a clear table/area in front of you that is free from any documents.
PLEASE FOLLOW THE LINK BELOW AND SELECT THE HEARING OFFICER FROM YOUR LETTER
Drug and alcohol related suspensions and revocations
If your driver’s license was suspended or revoked due to a drug or alcohol related offense, you will want to familiarize yourself with the following programs and information as you work to restore your driving privileges.
Older drivers, drivers with numerous crash histories, drivers who may have been referred for health reasons after a license suspension, or as a result of a hearing may need to submit to a safe driving assessment and reexamination process.
Driver assessment
The privilege to drive is often taken for granted, but you may lose your privilege to drive for many reasons. The Secretary of State’s Driver Assessment Section is responsible for conducting driver reexaminations as authorized by the Michigan Vehicle Code. The purpose of a reexamination is to determine your ability to drive safely and if any licensing controls should be imposed.Michigan law allows for a driver reexamination based upon one or more of the following criteria:
You have received tickets while on probation.
The Secretary of State has reason to believe that you cannot operate a motor vehicle safely due to a mental or physical condition.
You have been involved in a fatal crash.
You have been involved in three or more traffic crashes within a two-year period where the crash report indicates you were at fault.
You have accumulated 12 or more points within a two-year period.
You have been convicted of violating the restrictions, terms, or conditions of your license.
Driver reexamination
Michigan law authorizes the Department of State to reexamine a driver when there is reason to believe the driver may be unable to operate a motor vehicle safely. The Department relies on information from law enforcement, medical personnel, Secretary of State branch staff, and concerned citizens, including family members, to identify unsafe drivers. The Department of State provides a form, called a Request for Driver Evaluation (DA-88), that can be completed and submitted to the Driver Assessment Section to request a review of an individual’s driving skills. This form is available at your local Secretary of State branch office or by clicking the link here.
Basic Driver Improvement Course
The Basic Driver Improvement Course program allows eligible drivers to take a refresher course of basic traffic safety principles. Drivers who successfully complete the BDIC through an approved sponsor can avoid points or ticket information from being reported to their insurance company.
BDIC eligibility
You will receive a letter in the mail if you are eligible for this program. You may be eligible if you were ticketed on or after December 31, 2010, and:
You have a valid Michigan, non-commercial license, with two or fewer points on your record,
The violation was not in a Commercial Motor Vehicle,
The violation was not a criminal offense,
The ticket you received is eligible (e.g., must be for three or fewer points, not for careless or negligent driving, etc.)
The course requires a minimum four hours of study before the first attempt to pass the final test. This refresher course can improve safety for all Michigan drivers. Eligible drivers have 60 days to arrange for and successfully complete the BDIC. The course completion deadline is listed on the notice of eligibility. Eligible drivers should begin the BDIC well before the deadline to ensure it can be completed before the deadline. The approved sponsor will notify the Secretary of State of course results.
Course options
BDIC are offered both online and in classroom settings by sponsors approved by the Michigan Department of State. Each sponsor uses a program that is based on a curriculum for which there is documented evidence from a federal, state, or local government agency of course effectiveness in reducing collisions, moving violations or both. Prices may vary.
The State of Michigan does not endorse any sponsor. Course sponsors are solely responsible for reporting results in a timely manner.
Please select your preferred method of taking your Basic Driver Improvement Course - Online or Classroom.
Frequently asked questions (FAQs)
What are the potential outcomes of my driving reexamination?
At the conclusion of your driver assessment reexamination, your license may be unaffected, or it may be restricted, suspended, or revoked depending on several factors. These factors include the type of violation or unsafe driving behavior involved, your driver record, and your willingness to comply with assessment recommendations and requirements.
License restrictions allow you to drive under certain terms and conditions that will be stated on your restricted license. A license suspension means that your driving privileges are taken away for a determined period of time, ranging from days to months. A license revocation means that you must wait one to five years before you are eligible to reapply for possible re-licensure. If your license is restricted, suspended, or revoked, you will be given your appeal rights and licensing reinstatement information.
What do I do if I need a reexamination of my driving skills?
If you are scheduled for a driver assessment reexamination, whether through a referral or mandated by the terms of a suspension, you will receive a notice telling you when and where to appear. Your reexamination will include time for the driver assessment analyst to review your driver record and discuss your driving behavior with you. You may be required to pass vision and knowledge tests as well as an on-road performance test. You may also be required to provide a medical or vision statement for review.
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
LANSING, Mich. — Governor Whitmer yesterday signed House Bills 4219 and 4220, which will allow for expungement of convictions for a first violation of operating while intoxicated (OWI) under certain circumstances. The bills are expected to allow an estimated 200,000 non-repeat OWI offenders to have the opportunity for a second chance at a clean record.
The governor also signed legislation that continues Michigan’s legal blood alcohol content (BAC) level for driving at .08, eliminating a planned sunset that would have increased the limit to .10.
“No one should be defined by a mistake they have made in the past,” said Governor Whitmer. “These bills allow Michiganders to move on from a past mistake in order to have a clean slate. We must clear a path for first-time offenders so that all residents are able to compete for jobs with a clean record and contribute to their communities in a positive way.”
The bills give those with OWI convictions the option to seek expungement of their first offense five years after probation ends. Applicants must submit a petition to the court, which would be reviewed and determined by a judge. Incidents that caused death or serious injury to a victim are not eligible.
“Drunk driving is a serious problem in Michigan, but permanently limiting a person’s ability to work and drive based on a one-time, decades-old mistake does not make sense. People who can show that their DUI conviction was a one-time mistake should have an opportunity to make a fresh start.”
Safe & Just Michigan Executive Director John S. Cooper said.
If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law PLLC and turn your defense into an offense. Don’t take a plea until you call us Call Now 248-357-2550
Together, the bills allow for the criminal record expungement of first-time offenses for:
Any person operating a vehicle with a BAC of .08 or more
Any person operating a vehicle while visibly impaired by alcohol or other controlled substance
A person under 21 years old operating a vehicle with a BAC of .02 or more
Any person from operating a vehicle with any bodily amount of cocaine or a Schedule 1 controlled substance
House Bill 4219 was sponsored by Rep. Tenisha Yancey, D-Grosse Pointe, and House Bill 4220 was sponsored by Rep. Joe Bellino, R-Monroe.
House Bill 4308 and House Bill 4309 will together amend the Michigan Vehicle Code and the Code of Criminal Procedure to maintain the state’s per se OWI presumption at a BAC level of .08. Without this legislation, Michigan BAC legal limit was set to rise to .10 on October 1, 2021, endangering Michigan drivers and costing the state millions in federal dollars.
“Michigan is the only state in the country not to have a firm .08 Blood Alcohol Concentration limit for operating a motor vehicle,” said Rep. Graham Filler. “Eliminating the sunset is not only the right thing to do, but it ensures the safety of those traveling on our roads.”
House Bill 4308 was sponsored by Rep. Abdullah Hammoud, D-Dearborn, and House Bill 4309 was sponsored by Rep. Graham Filler, R-DeWitt.
House Bill 4220 (S-1) would amend Section 1c of Public Act (PA) 213 of 1965, which provides for setting aside convictions in certain criminal cases, to allow the setting aside of a conviction for a first violation operating while intoxicated (OWI) under certain circumstances. House Bill 4219 (S-1) would amend Section 1 of PA 213 to prescribe the definition of “first violation operating while intoxicated offense” and to modify the definition of “operating while intoxicated”.
House Bill 4308 (H-1) would amend the Michigan Vehicle Code to delete the sunset of October 1, 2021, on which the bodily alcohol content (BAC) that constitutes OWI will increase from 0.08 to 0.10.
House Bill 4309 would amend the sentencing guidelines within the Code of Criminal Procedure to reflect the elimination of the sunset provision raising the BAC that constitutes OWI. Senate Bill 400 would amend PA 213 to prescribe the time period in which an application to set aside a conviction for a first violation OWI offense would have to be filed.
House Bills 4219 (S-1) and 4220 (S-1) are tie-barred to each other. House Bill 4308 (H-1) and 4309 are tie-barred to each other. House Bill 4308 (H-1) also is tie-barred to House Bill
Senate Bill 400 is tie-barred to House Bills 4219 and 4220.
FISCAL IMPACT
House Bills 4219 (S-1) and 4220 (S-1) likely would not have a noticeable fiscal impact on local court systems. While the bill likely would result in additional expungement filings across the State, it is assumed these filings would not flood the local court systems with additional
administrative costs and hearing requests. There are several fees associated with the expungement process ($50 to the Michigan State Police (MSP) for a background check, $10 to $15 to MSP for fingerprints, $10 to the Internet Criminal History Access Tool (ICHAT)), but no filing fees that go to a Judiciary restricted fund.
The bills likely would not have a fiscal impact on State government.
House Bill 4308 (H-1) would have no fiscal impact on State or local units of government; however, allowing the BAC sunset to take effect could reduce costs for the Michigan Department of Corrections (MDOC) and reduce revenue for local libraries. Currently, under the State’s per se statute, a person with a BAC of 0.08 grams is considered to be operating while intoxicated; however, the statute requires the per se level to revert back to a BAC of 0.10 grams on October 1, 2021.
Enactment of the bill would have no fiscal impact on the State or local units as the current BAC thresholds would remain the same; thus, costs associated with them would remain unchanged. However, absent the bills, the likely result would be fewer convictions and a reduction in jail times and sentences. As a result, the MDOC could save an estimated $42,400 per prisoner per year, the average annual cost for incarceration in an MDOC facility.
Additionally, the average costs for parole and felony probation supervision services averaging $4,300 annually per supervised offender, also could be saved. Finally, fewer convictions would result in fewer fines, which would lead to lower revenue for local libraries (which are the beneficiaries of civil fines).
The bill also would preserve existing Federal aid apportionments as it would lift the sunset on the 0.08 BAC standard. Under Federal law (23 USC 163), states that do not comply with at least a 0.08 BAC standard can lose Federal aid through the National Highway Performance Program and the Surface Transportation Program. The Department of Transportation estimates these loses could be up to $53.0 million in Federal aid per year. Currently, Michigan receives roughly $1.4 billion in Federal aid per year.
House Bill 4309 would have no fiscal impact on local government and an indeterminate fiscal impact on the State, in light of the Michigan Supreme Court’s July 2015 opinion in People v. Lockridge, in which the Court ruled that the sentencing guidelines are advisory for all cases. This means that any changes to the guidelines under the bill would not be compulsory for the sentencing judge. As penalties for felony convictions vary, the fiscal impact of any given felony conviction depends on judicial decisions.
Senate Bill 400 would have an indeterminate, though likely negative, fiscal impact on local courts. Additional costs likely would come from an increase in the number of expungement filings for a first violation OWI offense. The number of increased filings is indeterminate and any additional costs would have to be absorbed by local court systems.
There are several fees associated with the expungement process ($50 to the MSP for a background check, $10 to $15 to MSP for fingerprints, and $10 to ICHAT), but none of these fees go to a Judiciary restricted fund. Expungement hearings typically do not take very long; however, a large increase in these hearings could increase costs for courts in the form of administrative costs and hearing times.
Bill Analysis
House Fiscal Agency Analysis
Summary as Introduced (2/15/2021) This document analyzes: HB4219, HB4220
Revised Summary of Proposed H-1 Substitutes (2/23/2021) This document analyzes: HB4219, HB4220
Analysis as Reported from Committee (3/3/2021) This document analyzes: HB4219, HB4220
Analysis as Enacted (10/18/2021) This document analyzes: SB400, HB4219, HB4220
Senate Fiscal Analysis
SUMMARY OF HOUSE-PASSED BILL IN COMMITTEE (Date Completed: 4-14-21) This document analyzes: HB4219, HB4220, HB4308, HB4309
SUMMARY OF BILL REPORTED FROM COMMITTEE (Date Completed: 5-4-21) This document analyzes: HB4219, HB4220, HB4308, HB4309, SB0400
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
DUI commonly known as Driving under the influence is the offense of driving, operating, or being in control of a vehicle while impaired by alcohol or drugs, recreational drugs such as cannabis and those prescribed by a doctor to a level that renders the driver incapable of operating a motor vehicle safely.
The name of the offense varies from jurisdiction to jurisdiction and from legal to colloquial terminology. In the United States, the specific criminal offense is usually called driving under the influence, but in some states “driving while intoxicated” (DWI), “operating while impaired” (OWI) or “operating while ability impaired”, “operating a vehicle under the influence” (OVI), etc. Such laws may also apply to boating or piloting aircraft. Vehicles can include farm machinery and horse-drawn carriages, along with bicycles.
Other commonly used terms to describe these offenses include drinking and driving, drunk driving, drunken driving, impaired driving, operating under the influence, or “over the prescribed limit”.
Considered a Crime
It is a crime for a driver to have a bodily alcohol content (BAC) of .08 or greater if over age 21 or .02 or greater if under 21. In addition, Michigan has a high-BAC law with enhanced penalties for anyone caught driving with a BAC of .17 or higher.
Drivers can be arrested at any BAC level if they exhibit signs of impairment while operating a motor vehicle. Drivers with any amount of a Schedule 1 controlled substance and/or cocaine are subject to the same fines and penalties as drunk drivers, even if they show no signs of impairment.
Medical Marijuana Exception
The only exception is an individual who has a valid medical marijuana card and is driving with marijuana in his or her system. Under the law, an officer must show they are impaired due to that marijuana.
Komorn Law PLLC is focused on the protection of Medical Marijuana Patients and their rights since we helped enact the law itself. If you have been accused of driving under the influence of cannabis and are a medical marijuana patient you should call the office and hire us your legal defense team as we have done so many times for other patients. One notable victory you many are aware of is People vs Thue which we won that allows medical marijuana patients to consume marijuana while on probation.There are many many more. Call The Office 248-357-2550
First Offense – Costs and Consequences of a Drunk Driving Conviction
If BAC is below .17 and this is a first offense:
Up to $500 fine
Up to 93 days in jail
Up to 360 hours of community service
Up to 180 days license suspension
6 points on a driver’s license
If BAC is .17 or higher and this is a first offense:
Up to $700 fine
Up to 180 days in jail
Up to 360 hours of community service
Up to one year license suspension
6 points on a driver’s license
Mandatory completion of an alcohol treatment program
Ignition interlock use and compliance after 45 days license suspension is required to receive a restricted driver’s license. Convicted drunk drivers have limited driving privileges, are prohibited from operating a vehicle without an approved and properly installed ignition interlock device, and are responsible for all installation and upkeep costs for the device.
Anyone who refuses a breath test the first time is given an automatic one-year driver’s license suspension. For a second refusal within seven years, the suspension is two years.
Convicted drunk drivers are subject to a $1,000 penalty for two consecutive years under the Driver Responsibility Act, for a total of $2,000 in additional costs.
If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law PLLC and turn your defense into an offense. Call Now 248-357-2550
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
Feezel was driving when he encountered an intoxicated pedestrian in the street. Feezel struck the pedestrian whom as a result of the accident passed away.
Feezel’s blood was analyzed which contained 6 nanograms of a THC metabolite called 11 Carboxy THC.
Feezel was charged with OWI causing death and operating with the presence of a schedule one controlled substance. The trial judge refused to admit the evidence that the victim was extremely intoxicated.
In order to be convicted of Operating with the presence of drugs it must be active THC and not a metabolite.
The court also ruled that the victim’s intoxication was material and should have been admitted into evidence.
The People vs Feezel opinion by the Michigan Supreme Court has been used in many cases since as well as other case law. Many can be found listed here.
Either you’re here just out of interest or you are searching for an attorney. If you need a law firm to protect and fight for your rights call our office 248-357-2550 or visit KomornLaw.com and do your research. The justice system doesn’t like winners unless it’s them…They don’t like us.
What are drug metabolites?
A drug metabolite is a byproduct of the body breaking down, or “metabolizing,” a drug into a different substance. The process of metabolizing a drug is predictable and certain; everyone metabolizes drugs the same way. Therefore, the presence of a drug metabolite can be a reliable indicator that a person used the “parent” drug of that metabolite.
Some metabolites remain in the body much longer than a drug. A drug test has a higher chance of identifying a user by looking for the metabolites of a drug, rather than the parent drug.
Some examples of drug tests that detect metabolites, rather than the drug:
Marijuana
THC is the active substance in marijuana. The body quickly metabolizes the THC molecule into several metabolites with long chemical names. Urine drug tests typically detect the THC-COOH (nor-delta-9-tetrahydrocannabinol) metabolite to identify marijuana users because it stays in the body much longer than the active THC drug.
Cocaine
A typical cocaine drug test kit looks for the presence of the metabolite benzoylecgonine. The presence of benzoylecgonine in a person’s system indicates cocaine use. Benzoylecgonine stays in a person’s system significantly longer than cocaine.
Nicotine
Nicotine is metabolized into cotinine, which has a much longer life in the body than the nicotine drug. A urine drug test for “nicotine” looks for the presence of cotinine as a sign of tobacco use.
If you are looking for an attorney that will fight for you. You found him. Michael Komorn – provides DUI, drugged driving and criminal defense passionately an aggressively. Call The Office 248-357-2550 or visit KomornLaw.com
