Outlining a DUI/OWI Charge in Michigan
A Michigan DUI/OWI charge can have a long-lasting impact on an individual's life if that individual is convicted of a drunk driving charge. The reason for this is due to the fact that Michigan severely punishes a DUI/OWI charge when the individual is found guilty of or pleads guilty to the charge. Here in the State of Michigan, drunk driving charges, regardless of the severity, cannot be removed from an individual’s criminal record. There are multiple variations of a DUI/OWI charge, which range from driving while visibly impaired to driving while intoxicated involving injury or death of another individual. You can also be charged with Operating While Intoxicated (OWI). See MCL 257.625. This offense is classified as a 93 day Misdemeanor, 6 points on your driving record and restricted driving privileges for up to six months, the first 30 days suspended. The court can also impose a term of probation, order jail, require that you perform community service and counseling.
The difference between these offenses are as follows: Impaired Driving is 4 points not 6. You will receive a suspended license for a period of 90 days, yet restrictions will be issued whereby you will be allowed to drive to and during the course of employment. The state of Michigan will impose a $500.00 Responsibility Fee for a period of two years. The court may impose the same terms and conditions as with an OWI.
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.
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. This is a misdemeanor her in Michigan, and in order to charged for a second subsequent the prior drunk driving conviction must occur within 7-years of the second drunk driving charge. 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) maintains a minimum of 30 days to 1 year in jail, and it is identified as a felony. The licensing sanction is a 1- to 5-year revocation. Here in the State of Michigan, an individual can be charged with an OWI 3rd or subsequent regardless of the duration between convictions, meaning if an individual is convicted of two drunk drivings, lets say 10 years apart, and is then convicted of a third drunk driving 11 years after the second. He or she can still be charged and convicted of OWI 3rd, which is a felony here in the state of Michigan.
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.
A DUI/OWI charge can also involve controlled substances or drugs. The statute allows for any presence of a controlled substance (Schedule 1 or 2) in order for an individual to be convicted of a DUI/OWI charge. See MCL 257.625. If an individual has a prescription or legal right to use the controlled substance at issue, he or she may have a defense to a DUI/OWI charge depending upon the circumstances of the matter.
Whenever you are charged of drunk driving (OWI/DUI) you need someone who will stand by your side and fight for you and your criminal record. Drunk driving charges last a life-time. If this is your first, second, third or subsequent it matter to you, your liberty and your license. Josh Jones is here 7-days a week and is ready to defend you and your case. He always has your back.