The State of Michigan has various alcohol related crimes involving various criminal acts, especially those involved with a motor vehicle. These charges and/or convictions include, but are not limited to, licensing sanction, jail time, fines, community service and/or counseling.
It is imperative to know what can and will happen to you if you choose to accept or plea guilty to or are convicted of the following:
ZERO TOLERANCE MCL 257.625(6) – individuals under 21 with a Blood Alcohol Content (aka BAC) and operating a motor vehicle are guilty of a criminal misdemeanor. No statutory jail is required, but the he or she shall be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 with Licensing Sanctions as follows: 1st offense – 30 day suspension with restrictions after that time; 2nd offense within 7 years is a 90 day suspension.
Operating While Visibly Impaired (aka OWVI) MCL 257.625(3) ? has a maximum jail time of 93 days with maximum fines of $300.00 and Licensing Sanctions as followed: 1st offense: 90 day suspension with restrictions; 2nd offense within 7 years or prior MCL 257.625 conviction then it is an indefinite revocation and eligible for restriction after 1 year; 3rd offense or 2 prior MCL 257.625 convictions then it?s a 1-5 year revocation.
Operating While Intoxicated of Controlled Substance is not an alcohol related crime; however, it still a drunk driving charge (known as OWIPD).
Operating While Intoxicated 2nd (aka OWI) has a jail term of 5 days to 1 year and a $200.00 to $1,000.00 fine. The license sanction is a 1-year revocation if prior MCL 257.625 conviction within 7 years. The vehicle may also be subject to immobilization pursuant to MCL 257.625.
Operating While Intoxicated 3rd (OWI 3rd) 30 days to 1 year in jail. The licensing sanction is a 1- to 5-year revocation.
Operating With High BAC ? An OWI charge, which can be an alcohol related crime occurs whem the individual has a BAC of .17 or more. The maximum jail up to 180 days with a possible $200-$700 fine.
Moreover, an individual should note that the maximum possible licensing sanction that may be imposed would be based upon the master driving record maintained by the Secretary of State under MCL 257.204 [257.625b(4)]. Prior issues with the drivers? license can impact the ability for an individual to obtain his or her license when facing any of the above-mentioned crimes.
ALL THE ABOVE MAY BE SUBJECT, BUT ARE NOT LIMITED TO, THE FOLLOWING:
- Secretary of State will or may suspend your driver?s license.
- The Court will suspend your driver?s license.
- Secretary of State will revoke or deny your driver?s license
- Screening and Assessment for substance abuse and rehabilitation may be part of any sentence order, all at the defendant?s expense. MCL 257.625b(5)
- Breath Alcohol Ignition Interlock Device (aka BAIRD) placed in defendant?s vehicle for a specified amount of time will be ordered at defendant?s expense.
- Community Service.
- In addition, defendant may be ordered to pay restitution, cost of prosecution, and reimburse the county for your jail stay and probation oversight fees.
Always consult an Attorney prior to moving forward in any criminal matter, especially one that is an alcohol related crime. Criminal charges, especially alcohol and drug related offenses, will and can impact an individual in multiple ways. Make sure that you have the right person in your corner. Josh Jones has your back 7-days a week. Contact him today!
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