How Michigan DUI Laws Affect Penalties Imposed

As per Michigan DUI laws, DUI is often referred to as Michigan OMVI, that is Operating Motor Vehicle while Intoxicated, or OWI, which is Operating while Intoxicated. There are three kinds of offenses pertaining to drunk driving and operation of a vehicle while intoxicated with liquor, driving with an illegal BAC or driving while impaired. DUI is a criminal offense in Michigan. A charge can be converted into conviction once three points are proved: the driver has been in control of operating a motor vehicle, he or she was intoxicated at that time, and alcohol had substantial impact on the operation of the motor vehicle.

Michigan Definition of DUI

The State of Michigan explains explicitly that when the BAC or Blood Alcohol Content equals or crosses 0.08%, this is a DUI. This is the baseline of BAC all over the US, but in Michigan the limit has been lowered for the drivers below twenty-one as well as the commercial drivers.

There is another law pertaining to DUI in Michigan which is called OWVI, or Operating while Visibly Impaired. This law is for those circumstances where your driving imparity is clearly visible due to the presence of alcohol or drugs or both in your blood. Also, with a Schedule 1 drug like cocaine in blood, it is illegal to drive in Michigan.

You can also have a look at http://www.michigan.gov/sos/0,1607,7-127-1627_8665_9070-24488--,00.html for further details.

As mentioned earlier, the standard percentage of BAC in Michigan is the same as the rest of the country. But for the drivers under 21, the limit has been lowered to 0.02% and for commercial drivers, the limit is 0.04%. Though, according to the law, after 18, an individual is regarded as an adult but as per the liquor control law, an adult is defined as a person who is 21 or older. So, Michigan DUI laws have a Zero Tolerance level for under 21 drivers and minors are not allowed to be in control of a vehicle with alcohol content in their body.

The law does not allow the owner, or whoever is in charge of the car, to authorize the vehicle to be driven or operated on a freeway or anywhere accessible to the general public, including the public parking facilities, within the state limits, if he or she is drunk or intoxicated. DUI is primarily a misdemeanor offense but depending on the level of BAC and damages made to property or injury to someone, it can be converted to a felony too. Also, first and second offenses committed within a span of five to ten years is considered a misdemeanor, but after that it becomes felony.

Penalties

The penalty for the first time offender of DUI includes a monetary fine of $100 to $500 along with jail time for up to 93 days. It can be combined with community service of 360 hours. Their Michigan driver's license is suspended for thirty days and after that there is a monitoring period of restricted driving for another 150 days. In certain cases the vehicle is impounded or the court asks for an ignition interlock device to be installed in the car. The driver bears the cost of the device and installation. Also, you may be asked to pay $1000 for a Driver Responsibility fee for the next two years.

For second time offenders, Michigan DUI laws are stricter. The amount to be paid as a fine rises up to $1000. For a second conviction the time to spent in jail increases to five days to one whole year in jail. This excludes one to three months of community service. The license plate is confiscated for a year along with revocation of the driver license. The vehicle can be forfeited or impounded for at least three to six months. The Driver Responsibility fee of $1000 remains same. For both the convictions, you get 6 license points.

If you are convicted for the third time, the offense ceases to be a misdemeanor any more. It becomes a felony offense thus the term to be served in jail increases to at least one year. It can go up to five years. The amount penalized for the offense rises to a range of $500-$5000. The lowest term of rendering community service becomes two months and highest becomes six months. Michigan Driver License gets revoked for a minimum of five years and at the same time license plate is also confiscated. Your car can be forfeited or immobilized for up to three years impairing you to register for any motor vehicles.

Felony Penalties

If DUI causes death of a civilian owing to a crash, it is a felony offense. It can result not more than fifteen years imprisonment along with a high penalty fine of at least $2500. The vehicle is either forfeited or immobilized by the court order. If DUI claims life of a police officer or any emergency service personnel including firefighter, this is a felony offense resulting in twenty years incarceration and/or a fine up to $10,000. The order to forfeit or immobilize the car of the convict remains same.

Like all other states, Michigan DUI Laws give implied consent to suspension of the driver license if the driver refuses to give blood, urine or/and breath test. For the first refusal, the officer on duty is authorized to withhold the license for one year and an additional six points goes to your driving record. If the driver refuses to submit to the tests again within a span of seven years, he or she gets the license suspended for two years. After second refusal, a driver is not allowed to appeal for a restricted driving permit for home to work conveyance in the state of Michigan.