How to Obtain Michigan DUI Records
One of the most unfortunate facts of the Michigan driving record is that about one third of the fatal accidents in this state have alcohol involvement with them. It is true that the death caused by accidents have reduced considerably owing to the strict rules imposed by the Department of Motor Vehicles as well as the technologically advanced mechanisms in the cars yet the rate of Michigan DUI convictions have not reduced at the same rate. Various studies have proved that even with one drink the reflex and ability to drive is impaired. Like all other states, Michigan also defines drunk driving as driving with a Blood Alcohol Content level of 0.08% or more.
The legal limit of BAC in Michigan is below 0.08% in adults. This percentage reduces to 0.04% for the commercial drivers in charge of the commercial vehicles. Any driver can be prosecuted for a Michigan DUI if the BAC is 0.08% or higher if imparity is proved in the field sobriety test or if there is a presence of any Schedule I drug like marijuana or cocaine in the system of the offender.
According to the Zero Tolerance Law of the Michigan DUI, when a driver under 21 is convicted for the first time, he or she is fined for up to $250 along with a mandatory community service of 360 hours. The license is suspended for at least a month. Four points are immediately added against the license and a Driver Responsibility Fee of $500 is to be paid for two consecutive years. If he or she is arrested for the second time in seven years, the amount of the fine is doubled. The convicted driver must render sixty days of community service and may end in jail for more than 90 days. The driver’s license is suspended for three to twelve months. Another four points are added to the record and $500 is charged for two years as a Driver Responsibility Fee.
To make the rules more stringent, there are two additional laws of DUI in Michigan. These are Operating While Visibly Impaired or OWVI or Operating While Intoxicated (OWI). According to OWVI, an officer can arrest a driver if he or she thinks that the held individual is impaired to drive or any other drug is found in the system. So, even with a BAC result that is below 0.08%, the driver can be arrested. OWI is as a matter of fact a combination of both DUI and DWI.
Michigan DUI Records
To obtain your MI DUI records you need to order for your driving records. There are mainly three reasons for which driving records can be requested- to check for any inaccuracies in the records, for screening before a new job or for insurance purpose. In many cases the employers themselves request for your driving history for which they are authorized.
You can request for the driving records from the Secretary of State (SOS). They maintain the database of information on the seven million drivers of the Michigan State and it can be accessed by the insurance companies, the law enforcement agencies and the potential employers. The records include all the details pertaining to your driving history, even of those accidents where it was not your fault. But when the record is pulled out for the official purposes of employment, insurance or credit inquiries, these entries are edited.
To acquire the certified copy of your driving record, you can go to your local SOS office. To learn about the nearest office in your area and its office hours go to http://www.dmv.org/mi-michigan/locations-&-hours.php#SOS_Locations. You can also order the form from the state office and download it from: http://www.michigan.gov/documents/bdvr153_16280_7.pdf. Send this form with the required information including full name, date of birth, address, license number of Michigan State, the phone number and the reason behind this request.
Enclose a bank check or a money order of $7 and send it to the Michigan Department of State, Record Lookup Unit, 7064 Crowner Drive, Lansing, MI 48918-1540. You can also pay through a valid credit card. For the certified copies, an additional $1 is charged.
Obtaining the MI DUI Records
The MI DUI records can also obtained by calling (517) 322-1624 and paying through a Visa, Discover or a Master card. It takes three to eight weeks to process the request and dispatch the documents to your address.
In case of any inaccuracy in your records call the Information Center of the SOS office: (888) 767-6424. If the requirement complies with the conditions set by the SOS you can apply for someone else’s driving record too. You will be able to acquire the request form from: http://www.michigan.gov/documents/bdvr154_16269_7.pdf. You will not get the personal details of the individual from this record as they will be withheld from you.
The penalties of the MI DUI increases according to the number of subsequent offenses committed within seven years of the first arrest. The First and the second Michigan DUI convictions are misdemeanor offenses. But the third offense is a felony offense where the driver can be incarcerated for up to five years. The term in jail with probation is one month to one year. The revocation of the license lasts for one year. The vehicle is either forfeited or immobilized for three to six months. The minimum amount charged as fine is $200 and the maximum is $1000. The additional charge of Driver Responsibility Fee of $1000 is to be paid for two years. A judge may or may not put the convicted driver on a six months community service.
If the drunk driving causes serious bodily harm or death it is considered as a felony offense as per the Michigan DUI. For causing any physical injuries the driver may end up in jail for five years and/or pay a fine of $1000 to $2500. If driving under the influence results in death, the driver may face imprisonment of five years and/or pay a fine of $2500 to $10,000. To obtain all the information on the penalties and laws related to DUI in Michigan, you can visit the page at http://www.michigan.gov/sos/0,1607,7-127-1627_8665_9070-24488--,00.html.
Like all other states of America, Michigan also has the Implied Consent Law. According to this law upon receiving the license every driver agrees to submit for chemical tests in the form of a urine, breath or blood tests.
The refusal to take the chemical tests means violating the law which subjects them to penalization. When a driver refuses to take the test for the same time as an immediate consequence the license is suspended for six months and six additional points are added against him or her to the driver’s license. For a second refusal in seven years, the license is suspended for two more years. This time, the driver becomes ineligible to apply for a restricted occupational license which allows him or her to drive to and from office or school, whichever is applicable. Once suspended the license does not get reinstated automatically. The driver is required to apply for it after paying a stipulated fee which is $125 in Michigan.
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