Michigan
DUI Lawyer - Michigan
DUI Laws
Michigan drunk
driving cases are referred to as Michigan OVI (operating a
vehicle while intoxicated), Michigan DUI (driving under the
influence of alcohol), or Michigan OMVI (operating a motor
vehicle while under the influence, impaired, or intoxicated).
All of these acronyms relate to the same offense, found in
the Michigan Revised Code.
Michigan drunk
driving arrests trigger two separate cases: the court case,
where penalties include jail time, fines, mandatory classes,
and more; and the Michigan Bureau of Motor Vehicles case, where
the arrestee's driving privileges are at stake.
| URGENT:
IF YOU OR SOMEONE YOU CARE ABOUT HAS BEEN CHARGED WITH ANY
TYPE OF MICHIGAN DRUNK DRIVING OFFENSE, WHETHER OMVI,
DUI, OVI, OR ANY OTHER TYPE OF DRINKING AND DRIVING CASE,
THE LAW LIMITS THE AMOUNT OF TIME YOU HAVE TO CONTEST
THE AUTOMATIC SUSPENSION OF THE DRIVER'S LICENSE. CONTACT
A LAWYER RIGHT AWAY. |
Michigan DUI law
makes it a crime for any person to operate a motor vehicle while
having any amount of alcohol or drugs or combination of the drugs
and alcohol that impairs their physical or mental abilities to
an appreciable degree. This offense does not require proof of
any specific amount of alcohol in your system; therefore, you
don't have to take the blood, breath, or urine test to be convicted
of this offense.
Michigan drunk
driving law also makes it illegal to operate a motor vehicle
with a specific level of alcohol in your system: .08%
as determined by blood, breath, or urine testing. These are called
per se offenses, and they have nothing to do with alcohol interfering
with the driver's physical or mental abilities. They are based
purely on body chemistry.
In order
to be convicted of a drinking and driving offense in Michigan,
the defendant's guilt must be proven beyond a reasonable doubt.
This means that the prosecutor has the burden of proving each
element of the crime to the exclusion of every reasonable doubt,
and in the case of a reasonable doubt as to any element, the
accused is entitled to a verdict of not guilty.
What are
the elements of Michigan DUI cases? Each aspect of a Michigan
OMVI case must be analyzed to determine if the prosecutor can
meet his or her burden. This will depend on the type of evidence
the prosecutor can introduce on each of the following points.
"Operate"
has a different definition than actually driving down the road.
It includes being in control of a vehicle even if parked and not
running at the time of the offense. If one is in the driver's
location of a stationary vehicle and has the keys close at hand
so as to be capable to put the vehicle in motion, it would be
considered "operation" and thereby an offense in Michigan.
Many cases in Michigan have dealt with various aspects of whether
the vehicle was on private property, actually moving, driver
actually in driver's seat, keys actually in the ignition and
other aspects of operation. A new addition to the code will make
actual physical control of the vehicle an offense.
"Vehicle"
is also broader than the limited application to a car. It includes
a motorcycle or bicycle or any device that is moved by power other
than human power. Courts have determined that a mounted bicycle,
golf cart, tractor, riding lawnmower and other devices are included
in the definition of "vehicle". Obviously motorized
wheelchairs are excluded. It should be noted here that there are
separate code sections for the operation or physical control of
watercraft under the influence and it has its own set of definitions.
"Under
the influence of alcohol"
means that a person consumed some alcohol, whether mild or potent,
in such a quantity, whether small or great, that it adversely
affected and appreciably impaired the person's actions, reactions
and mental processes under the circumstances then existing and
deprived him of the clearness of intellect and control of himself
which he would otherwise have possessed. The question is what
effect did any alcohol consumed by the person have on him at the
time and place involved. If the consumption so affected the nervous
system, brain or muscles of the person so as to impair to an appreciable
degree his ability to operate the vehicle, the person was under
the influence. "Appreciable" means noticeable or perceptible.
Facts about Michigan DUI Laws:
Here are highlights from Michigan law on driving while intoxicated (MI Vehicle Code sections 257.625 to 257.626c). Legal terms associated with drunk driving in Michigan.
'Per Se' BAC Level: .08
Zero Tolerance BAC Level: .02
Enhanced Penalty BAC Level: None
Implied Consent Law: Yes
License Suspension 1st Offense: 6 months
License Suspension 2nd Offense: 1 year
License Suspension 3rd Offense: Varies
Mandatory Jail Time after 2nd offense: Yes
Mandatory Alcohol Education: Yes
Mandatory Assessment/Treatment: Yes
Possible Ignition Interlock: After 2nd offense
Possible Vehicle Confiscation: After 2nd offense
Hardship License while license suspended: No
Open Container Law: For driver and passenger
These are highlights of the main provisions of Michigan law pertaining to drunk driving. Other factors can increase the penalties for drunk driving, such as if an injury or death occurred or if a child was endangered.
If you have been arrested for drunk driving in Michigan, contact an attorney in your area to determine you rights and responsibilities.
Source: MI Vehicle Code sections 257.625 to 257.626c
Punishment
In Michigan DUI/OMVI/OVI
Cases
The sanctions
and penalties for each offense depend upon the prior criminal
record, traffic record, prior DUI convictions, level of alcohol,
and specific facts of the individual case. That's why it is so
important to contact a lawyer that concentrates on defending DUI,
OMVI, or OVI cases.
Note:
Because of the severity of these charges, consulting
a DUI defense attorney is critical.
Punishments
for Michigan DUI
|
OUIL/OWI/OUID |
OWI
- Death |
CDL |
Zero
Tolerance |
| Jail |
up
to 93 days |
Up
to 15 years |
up
to 93 days |
n/a |
| Fine |
$100-$500 |
$2500
- $10000 |
up
to $300 |
up
to $250 |
| |
up
to 45 days |
n/a |
n/a |
up
to 60 days |
| License |
30
suspended |
1
year revocation |
1
year CDL |
30
day restoration |
| |
|
|
|
|
|
up
to 180 days |
up
to 180 days |
up
to 180 days |
none |
BAC
Test Refusal Punishments
BAC
Test refusal carries an administrative penalty with suspension
periods of 1 year for a 1st offense, 2 years for a 2nd offense
within 5 years, 3 years for a 3rd offense within 5 years, and
5 years for 4th or subsequent offenses. A suspension for refusal
will nt be terminated if a person is found "not guilty"
of a DUI Offense. The penalty for BAC test refusal is less than
the penalty for a drunk driving convinction.
