Permitting Another To Drive Drunk (OWI)
Here in the State of Michigan it is illegal and a criminal misdemeanor, generally, if an individual is convicted or found guilty of permitting another to drive drunk. See MCL 257.625(10)(a). This means that an individual convicted of permitting another to drive drunk could face 93-days in jail and/or a fine of up to $500.00 plus other probation terms, conditions and requirements.
Furthermore, there are statutory enhancements if the individual driving the motor vehicle injuries or kills another individual. Of course, the individual driving must be intoxicated beyond the legal limit; however, the individual who is being charged with permitting another to drive drunk and an injury or death occurs from the incident the owner faces a felony (two or five years maximum in jail) and has statutory fines and costs ranging from $1,000 and $10,000.00. See MCL 257.625(10)(b-c).
The positive side of a conviction under permitting another to drive drunk is that licensing sanctions do not attach to an individual convicted of such a crime, whether injury or death was involved or the individual was simply intoxicated. Furthermore, a conviction of permitting another to drive drunk does not count towards or contribute to an enhancement under the traditional Michigan drunk driving or OWI statute. For more on traditional drunk driving law read our Overview of Michigan Drunk Driving.
It is important to note and mentioned that in 2013 the statute was updated and modified to include, into the element of intoxication of the crime, other intoxicating substance. Therefore, this allows the prosecuting official to incorporate or charge based upon other substances, such as marijuana, prescriptions, and the like.
Whenever you are facing a drunk driving charge or a charge of permitting another to drive drunk, you should contact a criminal defense lawyer. Josh Jones handles all drunk driving matters, including permitting another to drive drunk. He is available 7-days a week and handles matters in Metro-Detroit (Macomb, Wayne & Oakland Counties), Genesee County, Livingston County, Washtenaw County, and Lapeer County.
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