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.
