DWI Article

Drunk Driving Charges in Michigan

Michigan law provides for a variety of drunk driving charges, including the following:

• Operating While Intoxicated (OWI): Under MCL 257.625, you have operated a vehicle while intoxicated if your blood alcohol concentration (BAC) exceeds .08 or if you are under the influence of alcohol, a controlled substance, or both, and this influence substantially impaired your ability to safely operate the vehicle.
• Operating While Visibly Impaired (OWVI): You can be charged with OWVI, if your ability to operate a vehicle is visibly impaired due consuming alcohol, a controlled substance, or both.  You need not have a specific BAC level to be charged with an OWVI. 
• Operating With any Presence of a Schedule 1 Drug or Cocaine: Even a trace of these drugs in your system while operating a vehicle is enough to be charged with this crime
• Under Age 21: Minors under age 21 will be charged with a BAC above .02

Punishments

In 2003, Michigan became the 44th state to adopt the .08 standard for BAC.  Now, a BAC of .08 or higher is considered driving drunk.  The punishments for even first-time offenders in Michigan are steep.  First-time offenders face punishments that include:

• Up to 93 days in jail
• Up to a $500 fine
• Up to 360 hours of community service
• Up to 6 points on your driver's license
• Up to 180 days license suspension (a restricted license is possible after 30 days)
• If convicted, a $1,000 penalty imposed for two consecutive years

If you have previously been convicted of an OWI before, the punishments are even more severe:

• Upon your arrest for a repeat offense, the law-enforcement officer will destroy the metal license plate of the vehicle you are driving, even if you do not own it.  Although a temporary paper plate will be issued, you cannot get another set of permanent plates until the court case is resolved.
• Longer driver license suspension
• Vehicle immobilization or forfeiture
• Mandatory substance abuse treatment
• The use of ignition interlock devices
• Registration denial

Breath Tests

Under Michigan's implied consent law, if you drive on Michigan roads, you have consented to undergoing a chemical test.  When you are pulled over on suspicion of drunk driving, a preliminary breath test (PBT) will be administered.  If you refuse this PBT, you will be charged with a civil infraction and fined $150.  If you are under 21 and refuse the PBT, you will receive two points on your driving record.  Even if you refuse the PBT, you must submit to an evidentiary test (blood, breath, or urine), which is typically administered after your arrival at the police station following your arrest. If you refuse the evidentiary test, you face additional punishments.  If you refuse once, you face a year suspension of your license.  Two refusals within seven years incur a two-year suspension.  If you refuse the evidentiary chemical test, you only have 14 days after your arrest in which to request a hearing.

An experienced attorney will examine the facts and circumstances concerning your breath test to ensure that proper equipment was used and that the equipment was properly maintained, and for any discrepancies and errors that may have been made in the test's administration. A lawyer experienced in defending people accused of DWI can challenge the prosecutor's evidence and could have the charges reduced or dropped without having to accept a conviction.  If you have been arrested and charged with a DWI or drunk driving offense, contact Hunter & Sievert, PLLC to schedule a consultation with an experienced Michigan drunk driving defense attorney.