Michigan Drunk Driving [DUI/OWI] – Quick Overview
Michigan Drunk Driving Law provides that if you operate a motor vehicle in the State of Michigan with a blood alcohol level at .08 or above, you can be charged with Operating While Intoxicated (OWI). See MCL 257.625. This offense is classified as a 93 day Misdemeanor, 6 points on your driving record and restricted driving privileges for up to six months, the first 30 days suspended. The court can also impose a term of probation, order jail, require that you perform community service and counseling.
Additionally, the state of Michigan, through the Treasury department will require you to pay $1000.00 for a period of two years towards the Drivers Responsibility Fee. Failure to pay the fee will result in suspension of your driving privileges. You should also be aware that the 6 points will remain on your Michigan Driving record for a period of two years. As you can see Michigan Drunk Driving Laws are not friendly to those convicted of such a crime.
Also, Michigan Drunk Driving law provides that the conviction will remain on your record forever. The public is under the impression that after 10 years the offense drops off your record, this is not true. If that were the case then someone with two prior convictions during the 80′s who then picks up another in the year 2011 would be treated as if it was his first offense. Actually, under Heidi’s Law, he would be charged with a Felony. Three convictions under the Michigan Drunk Driving statute is considered a Felony no matter the duration between convictions.
Michigan does have a lessor offense known as Operating While Visibly Impaired. The difference between this offense and OWI is as follows: Impaired Driving is 4 points not 6. You will receive a suspended license for a period of 90 days, yet restrictions will be issued whereby you will be allowed to drive to and during the course of employment. The state of Michigan will impose a $500.00 Responsibility Fee for a period of two years. The court may impose the same terms and conditions as with an OWI.
For those of you under the age of 21 if you are stopped while operating a motor vehicle and you blow as low as .01 you will be charged with Zero Tolerance, Under 21 with a BAC. More information regarding this law can be found here.
PLEASE DO NOT RELY upon any of the information contained in this article when trying or attempting to represent yourself. You should always consult with an attorney before relying upon any written advice, article, blog etc. Make sure to maintain your rights and then lawyer-up when you are faced with a Michigan Drunk Driving charge. Josh Jones is your Michigan Criminal & Marijuana lawyer. He handles cases in Genesee County, Metro Detroit, Washtenaw County, Lapeer County and Livingston County.