Michigan Drunk Driving Laws

The state of Michigan takes drunk and drugged driving very seriously and has some of the toughest drunk driving laws in the country. If you are caught drinking and driving or driving under the influence of drugs the consequences can be life changing. The higher your BAC, the more severe your penalties will be. If you are a repeat offender and/or have multiple convictions expect to be punished with a harsher sentence than someone who has been convicted for a DUI for the first time.

Michigan has separate charges for drivers who are impaired by alcohol, drugs, or a combination of the two. All these charges fall under DUI offenses. The different classifications are listed below:


Operating While Intoxicated (OWI):
If you've been convicted of an OWI your BAC was proven to be at or above the legal limit of 0.08% and your ability to drive has been considerably affected. 

Operating While Visibly Impaired (OWVI):
An OWVI conviction means a police officer or law enforcement officer has witnessed you driving reckless and suspected you of operating a vehicle while on a controlled substance or under the influence of alcohol. Even if your BAC isn't above 0.08 you can still be charged with an OWVI if police feel you were driving dangerously especially if your test was borderline or close to the limit.

Operating With Any Presence of a Schedule 1 Drug or Cocaine (OWPD):
You can be charged with an OWPD if you have even a trace of a schedule 1 drug in your system. The amount of substance in your system will be determined by a blood test, breath test or urine sample.

Since DUI's and OWI's are serious offenses they carry two separate penalties; a criminal case and license suspension. Note that the outcome of your case has no bearing on whether you lose your driver's license and vice versa. The reason for this is they're separate circumstances being handled by different agencies.

If you've been convicted of a DUI or OWI in Michigan you can expect fines, jail time, community service, and a revoked license. It's highly advised to consult with an attorney, especially if it's not your first offense. Hiring an experienced DUI attorney always is in your best interest because they have familiarity with the court system and the means to navigate complex administration procedures. It's especially essential if you are a repeat offender.

It's important to note that in most first DUI offenses that resulted in no injury, judges hand down a routine sentence which seldom varies from one case to another.
Should You Plead Guilty to a DUI?

If it's your first DUI, you can choose to plead guilty if you're almost certain you would be convicted due to the evidence against you. If your BAC was recorded well above the limit this is a good approach to take. In addition, if the arresting officer testifies that you were driving erratically, your chances of not being charged are slim.

The strategy will be different if your BAC is borderline. If your BAC was between .08 and .11  there is room for error and a DUI attorney may be able to plea bargain your case. Regardless, consulting a DUI attorney is a wise decision to ensure the best outcome for your DUI case.
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