Michigan Criminal Attorney Blog

In a previous post we offered a general overview of drunk driving law in Michigan. In this entry we will explain the basic penalties for various drunk driving violations. The two most common first time offenses related to drinking and driving are Operating While Intoxicated (OWI) and Operating While Visibly Impaired (OWVI). OWI convictions can carry a fine of $100 to $500 and one or more of the following: 1) up to 93 days in jail; 2) up to 360 hours of community service; 3) driver license suspension for 30 days plus further restrictions; 4) possible vehicle immobilization; 5) possible ignition interlock; 6) 6 points on your driving record; and 7) $1,000 Driver Responsibility Fee for 2 years.

OWVI is a lesser charge than OWI and the punishment involves a fine of up to $300 and one or more of the following: 1) up to 93 days in jail; 2) as much as 360 hours of community service; 3) driver license restriction for 90 days; 4) possible vehicle immobilization; 5) 4 points on your driving record; and 6) $500 Driver Responsibility Fee for 2 years.

The penalties increase significantly for any 2 such convictions within 7 years. Most importantly, 3 alcohol-related offenses within your lifetime are a felony and carry mandatory jail time.

Alcohol-related offenses that cause death or serious injury are also felonies. An accident resulting in death includes a sentence of up to 15 years and one resulting in serious injury can result in a 5 year sentence. A special exception is carved out for a drunk driving accident that results in the death of an emergency responder. This crime carries up to a 20 year prison sentence.

Courts are imposing stiffer penalties for these crimes everyday. This makes it imperative that you seek out competent legal representation as soon as you are able.

Each year, nearly 50 thousand Michigan drivers are charged with impaired driving offenses. While people generally think of alcohol intoxication as the only way a person can violate this area of the criminal law, infractions can occur because of driving after ingesting illegal drugs and even certain prescribed drugs. This entry will act as a broad overview of this very complex subject. If you find yourself charged with impaired driving contact a lawyer immediately.

Alcohol and drugs effect each of us differently. Lack of sleep or food can make a person more susceptible to the effects of drinking. It is always a good idea to have a designated driver, but if you are reading this entry, you or a loved one may be facing a drunk driving charge. Having an attorney who understands the science behind drunk driving cases is important. The Draper Law Firm regularly represents drivers charged with alcohol related offenses. We also act as counsel for insurance companies and bars where alcohol consumption is at the center of a civil lawsuit. Because of this nearly two- decade experience, our attorneys can look at the lab results and other scientific evidence to determine whether an expert would assist the defense of the impaired driving offense. We also have relationships with top local toxicologists who can review the case and, if necessary, testify at trial.

A Preliminary Breath Test (PBT), is often offered at the scene by a law enforcement officer. If you refuse the PBT you will be charged with a civil infraction and be fined up to $150.00. The PBT is not a test that will be used at trial, but it gives the officer valuable information and can lead to further testing such as a Breathalyzer or a blood test. Just because a driver "passes" a PBT, does not mean that they cannot be checked for some other type of chemical intoxication.

Michigan has an Implied Consent Law, meaning that all drivers are considered to have consented to a chemical test to determine bodily alcohol content. Refusal of the test will result in a suspension of driving privileges and 6 points on your driving record.

There are a number of different charges that fall under the broad umbrella of "drunk driving." Operating While Visibly Impaired means just that, that the driver has her ability to operate a motor vehicle visibly impaired by alcohol or drugs. Operating While Intoxicated means that alcohol or drugs have substantially affected your ability to drive, usually shown by a blood alcohol content above 0.08 or a positive drug test. There are separate rules and conditions for drivers under the age of 21. If you are a young person charged with such a crime, ask your attorney about the special ramifications on your license and your future. Young adults have specific concerns and some additional ways to resolve cases based upon their youth.