First Offense DUI in Michigan: Laws and Consequences
Facing a first offense DUI in Michigan can be daunting as the implications are significant and the legal landscape is complex.
Understanding the laws surrounding Operating While Intoxicated is essential, as these regulations are designed not only to penalize impaired driving but also to prioritize the safety of all road users.
It is vital to be aware of the potential consequences you may encounter and to explore the various defense strategies available to navigate this challenging situation effectively.
Legal Limits
In Michigan, adults aged 21 and older must be aware that the legal limit for blood alcohol concentration is set at 0.08%, meaning that driving with a BAC at or above this level is deemed unlawful and can result in a DUI charge.
For drivers under 21, any BAC above 0.00% is grounds for a DUI charge due to zero-tolerance laws.
First Offense DUI – Consequences
If convicted of a 1st offense DUI in Michigan, the consequences can include:
Criminal Penalties: This may involve fines, potential jail time (up to 93 days), community service, and mandatory participation in alcohol education programs.
Driver’s License Suspension: A 1st offense can lead to a license suspension for up to 180 days, with the possibility of restricted driving privileges after a period.
Ignition Interlock Device (IID): In some cases, the court may require installation of an IID on your vehicle. This device requires the driver to blow into a breathalyzer before starting the car and intermittently while driving to ensure sobriety.
Insurance Impact: A DUI conviction often results in significantly increased car insurance premiums or difficulty obtaining insurance coverage.
Criminal Record: A DUI conviction stays on your criminal record, potentially affecting employment opportunities and other aspects of your life.
Legal Resources
For more detailed information on Michigan’s DUI laws, you can refer to the Michigan Compiled Laws (MCL) directly.
If you are charged with a 1st offense DUI in Michigan, it is crucial to obtain legal representation without delay. An experienced DUI attorney can offer valuable insights and strategies that may help lessen the penalties or even contest the charges against you.
Legal defense Attorney Michael Komorn is trained and certified in Field Sobriety Tests (FST), Horizontal Gaze Nystagmus and the infamous breathalyzer and has been representing clients charged with DUI and alleged crimes since 1993.
Call Komorn Law 248-357-2550 when you’re ready to challenge DUI or any alleged criminal charges.
Attorney Michael Komorn
State / Federal Legal Defense
With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.
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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.
