Facing a DUI charge can be overwhelming. Knowing what to expect and how to navigate the process of traffic court can be difficult. If you or someone you know has been charged with a DUI, you might want to learn more about it. What is a DUI, and what are the consequences? Here is what you need to know about DUI in Michigan.
What is a DUI?
DUI stands for “driving under the influence.” This is the same thing as a DWI in Michigan, which stands for “driving while intoxicated.” This is a criminal charge which carries different punishments depending on how many offenses you have. On your third DUI, you will be charged with a felony offense.
How can I be charged with a DUI?
You can be charged with a DUI if you operate a vehicle with a blood alcohol content (BAC) of 0.08% or higher, with any amount of a controlled substance in the body, while under the influence of any intoxicating liquor, or while under the influence of any controlled substance or intoxicating substance. Under current law in Michigan, you can be charged with a DUI when the state can prove that you were under the influence of an excessive amount of alcohol or any other controlled or intoxicating substances while operating a vehicle. This includes non-alcoholic substances like Ambien and Xanax. The legal limit for blood alcohol content (BAC) became 0.08% in 2003, dropping from 0.10% previously. You can read more about Michigan’s drunk driving laws in Section 257.625 of the Michigan Vehicle Code.
What are the DUI consequences in Michigan?
The consequences of a DUI may drastically change depending on the severity of your infraction. There are different consequences for:
- Operating while impaired (OWI)
- Operating while visibly impaired (OWVI)
- Unlawful bodily alcohol content/level (UBAC/UBAL)
- Causing death
- Causing serious injury
Here is a brief rundown of the DUI consequences in Michigan.
OWI, First Offense
Your first OWI offense can be punished with up to 93 days in prison, a fine of $100-500, or 360 hours of community service. You could also face vehicle immobilization or an ignition interlock device during probation.
OWI, Second Offense
Your second offense can be punished with jail time of between five days and one year, a fine of $200-1000, 30-90 days of community service, or an ignition interlock device
OWI, Third Offense
Your third DUI offense is a felony charge. You could face up to five years in prison if charged with this felony. The mandatory minimum jail time for a felony DUI is thirty days. You could also face 60-180 days of community service. Vehicle immobilization is also mandatory with a felony charge.
OWVI, First Offense
Your first OWVI offense may result in up to $300 in fines, 360 hours of community service, and vehicle immobilization. The consequences will be left to the discretion of the court.
OWVI, Second Offense
Your second OWVI offense can result in jail time ranging from five days to one year. Furthermore, you may face charges of $200-$1000, and community service ranging from 30-90 days. Mandatory vehicle immobilization will also be enforced upon your second OWVI offense.
OWVI, Third Offense
A third OWVI offense will result in one to five years of prison time. You will also be charged $500-$5000 and be placed on probation ranging from 30 days to one year. You’ll also be ordered to serve 60-180 days of community service along with a mandatory vehicle immobilization.
UBAC/UBAL, First Offense
Operating a vehicle with an unlawful bodily alcohol content will result in similar charges to your first OWI. You may face up to 93 days in jail, serve 360 hours (45 days) of community service, and be fined up to $500.
UBAC/UBAL, Second Offense
Your second UBAC will result in up to one year in jail, fines ranging up to $1000, and a mandatory 360 hours (45 days) of community service. Other punishments may result from the consequences of your DUI offense such as whether someone was injured or killed as a result of your actions.
OWI Causing Death
If an individual is killed as a result of you operating your vehicle while impaired, you may face up to fifteen years of prison time. The court may also fine you $2500-$10,000, depending on the damages you caused. Your vehicle will also be immobilized. Furthermore, if the individual killed is a firefighter or police officer, then you are in violation of 257.653a, meaning you may face up to twenty years in prison rather than fifteen.
OWI Causing Serious Injury
This infraction may result in five years of prison time, fines ranging from $1000-$5000, and mandatory vehicle immobilization.
What To Do When Charged With A DUI
Being charged with a DUI can be a stressful experience. Knowing how to navigate traffic court and present your case can be overwhelming. Consider reaching out to a traffic court lawyer to help walk you through this difficult time. Traffic lawyers have an excellent understanding of the court system and can potentially help reduce the penalties of your DUI down to the bare minimum. Rather than taking your chances on your own, hire a traffic court lawyer to help ensure all the facts are presented, and that you face only the minimal penalties for your actions. Reach out to a traffic court lawyer today to find out how they can help you and your case!
We Can Help!
At Traffic Buddy, we believe that every individual should have access to legal representation for any traffic-related charges. From tickets to forfeiture of vehicles, we make it our mission to help provide all the facts to help ensure you receive the minimum possible penalties for any alleged infraction. If you need traffic court representation, reach out today!