|
Michigan drunk driving laws are sometimes referred
to as OMVI or Michigan OWI laws. There are really
three distinct drunk driving offenses in Michigan:
- Operating under the influence of intoxicating liquor;
- Driving with an unlawful bodily alcohol level/content; and
- Operating while impaired. Of these three, OWI is the least serious offense.
These are criminal offenses; therefore, to
successfully prosecute drunk driving case against you,
the prosecutor must prove beyond a reasonable doubt
that the drunk driver was:
- operating a motor vehicle,
- while under the influence of alcohol, controlled
substances or both, and
- alcohol materially or substantially affected
operating the motor vehicle.
Another way a prosecutor will try to gain a drunk
driving conviction is by violation of the
"per se"
law. This law relates only to body chemistry, and has
nothing to do with alcohol impairment. In order to
gain a conviction under this theory, the prosecutor
must prove beyond a reasonable doubt, that
- a driver's blood or breath alcohol content (BAC) was greater than .08%,
- while he or she was operating his motor vehicle.
Michigan OWI requires a prosecutor to prove, beyond
a reasonable doubt, that the driver was
- operating a vehicle,
- while alcohol visibly weakened or reduced his
ability to operate his motor vehicle.
These criminal offenses can apply to adults or
minors. In Michigan, although we become adults at age
18, the liquor control laws define an adult as someone
21 years of age or older. So, Michigan enacted the
"Zero Tolerance" law for people under the age of
21. Minors may not operate a motor vehicle with any
bodily alcohol content.
A conviction or plea of guilty of OUIL or driving
with an excessive BAC, means a maximum sentence of up
to $500.00 in fines plus the costs of prosecution, up
to 93 days in jail and up to 45 days of community
service. A second DUI, OUIL or UBAC in Michigan
increases the fines plus costs up to $1,000.00, and
imprisonment up to 1 year in jail.
A conviction or guilty plea to OWI will result in a
maximum sentence up to $300.00 in fines plus costs, up
to 93 days in jail and up to 45 days of community
service.
A third time conviction for drunk driving will
result in a felony punishable by 1 to 5 years
imprisonment and a fine of up to $5,000.00.
On top of the above, a convicted person's license
will be suspended or revoked for varying lengths of
time depending on the circumstances. For a conviction
of OUIL or UBAL/UBAC, a
license will be suspended for
not less than 6 months and not more than 2 years,
without restriction for the first 30 days. If the
drunk driver has a prior conviction, the license may
be revoked. However, for a conviction of OWI, the
license may be suspended for not less than 93 days or
more than one year, but a restricted license is
available immediately. A restricted license will allow
the convicted person to drive to, from and during
work, to alcohol treatment, school, community service
or probation. He or she must carry proof of
destination and hours to show law enforcement.
One of the toughest sanctions next to time in jail
is when the sentencing judge confiscates the vehicle
the drunk driver operated. The vehicle does not have
to belong to the operator - it can be anyone else's
vehicle. It doesn't matter if the vehicle is necessary
for the other members of the drunk driver's family.
Possible punishments for a Michigan drunk
driving conviction include:
Expungement of many criminal convictions is possible
under Michigan law. However, the statute governing expungement in Michigan specifically precludes a person from even seeking to have a conviction for a traffic offense (including drunk driving) set-aside. The statute also precludes a Judge from setting aside such a conviction.
Expungement of Michicgan criminal convictions can be a very complicated process, so it is critical to speak with an experienced lawyer to expunge a criminal conviction. |
Michigan DUI WARNING! If you refused to take a 
