In Michigan there are three different violations of Operating While Intoxicated.
- Your ability to safely operate a motor vehicle has been substantially affected by drugs or alcohol.
- A bodily alcohol content (BAC) at or above 0.08
- High BAC or Super Drunk Law, having a bodily alcohol content (BAC) at or above 0.17.
Penalties
First Offense – Misdemeanor punishable by one or more of the following:
- Fine of $100 to $500 and up to 93 days in jail and/or 360 hours of community service.
- Driver’s license suspension for 30, followed by license restrictions for 150 days.
- Possible vehicle immobilization
- Possible ignition interlock
- Six points added to driving record
- Click Here to view Driver Responsibility Fees
Second Offense – Within 7 years Misdemeanor punishable by one or more of the following:
- Fine of $200 to $1,000 and up to 5 days to 1 year in jail and/or 30 to 90 days of community service.
- Driver’s license revocation and denial for a minimum of 1 year (5 year min. if there was a prior revocation within 7 years)
- License plate confiscation.
- Vehicle immobilization for 90 to 180 days, unless the vehicle is forfeited.
- Possible vehicle forfeiture.
- Six points added to driving record.
- Click Here to view Driver Responsibility Fees
Third Offense – Felony punishable by one or more of the following:
- Fine of $500 to $5,000 and up to 1 to 5 years imprisonment and/or probation with 30 days to 1 year in jail.
- 60 to 180 days community service.
- Driver’s license revocation and denial if there are 2 convictions within 7 years or 3 convictions within 10 years. The minimum period of revocation and denial is 1 year (minimum of 5 years if there was a prior revocation within 7 years).
OWI Defenses
The potential penalties for a conviction, even if it’s a first offense, can be extremely serious. Having the right attorney can make all the difference. The attorneys at Criminal Legal Services have obtained outstanding results for our clients.
Most think the deck is stacked against them in a DUI case. There are a number of legal defenses and ways to defend DUI charges; it’s even possible to defeat a DUI case. Some of these defenses include:
No probable cause for the stop: The easiest way to defeat a drunk driving case is if there was no probable cause for the initial stop. A police officer cannot stop you without reason or just becuase it’s late at night; the officer must have probable cause for the stop. If there was an insufficient basis for a stop, everything that happened after the stop is inadmissible. Thus, if there was no valid stop, there is no valid case, and it will be dismissed.
PBT Inadmissible: When a PBT test or breath test is given, it must be noted or it is inadmissible at trial. Therefore, if that test was not noted, and it was over a .08, but there is no subsequent test over .08, your case could be won at trial.
Your Chemical Test Rights were not read: If the police officer fails to read you your chemical test rights, then the BAC result can be excluded from evidence.
Machine was faulty or inaccurate: DataMaster machines are not foolproof, mistakes are made and the machine does not always work properly, such can be a possible defense in your case.
