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DUI Sobriety Court

DUI Sobriety Court

In Michigan, individuals who participate in sobriety court usually have faced several OWI convictions as a result of drug or alcohol addiction. The goal of DUI sobriety courts is to focus on recovery from substance abuse rather than punishing the defendant. The program also offers an alternative to normal sentencing for DUI cases, such as possible reduced jail time and the ability to obtain a restricted driver’s license after an initial 45-day hard suspension.

If an individual does not fully complete the Sobriety Court program, they are subject to all suspensions, revocations, or denials before entrance into the program. The driver will also be responsible for unpaid driver responsibility fees that were not collected while in the program.

Oakland County Attorney for DUI Sobriety Court | Michigan OWI

When facing DUI charges, the DUI Sobriety Court may be an option you wish to look into. As previously stated, the Michigan drunk driving program offers great benefits. If you have been arrested for driving under the influence, speak with DUI attorney J. Dallo. He will do whatever needed to represent you at the highest levels of competence.

Dallo Law, P.C. accepts clients in throughout the greater Oakland County and Macomb County area including Pontiac, Troy, Waterford Township, Oakland Charter Township, Royal Oak, Clarkston, Rochester Hills, Auburn Hills, Birmingham, Utica, Romeo, Warren, Sterling Heights, Eastpointe, St. Clair Shores and New Baltimore.

Set up a free and confidential consultation today by calling (248) 283-7000.


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Benefits of DWI Sobriety Court

As stated previously, sobriety court is designed to help drunk driving offenders address substance use issues. The program is similar to addiction recovery groups as it involves enhanced supervision, counseling, and treatment for individuals. The ultimate goal of the program is to help DUI offenders make positive changes in their lives.

Another potential benefit is the offender’s opportunity to obtain a restricted driver’s license after admittance into the program and installation of an ignition interlock device on vehicles they operate or own. Typically, a second DUI offense within 7 years results in a one-year suspension; however, if a person is enrolled in Michigan’s sobriety court, they may be able to obtain their license back just after 45 days.


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Michigan DUI Sobriety Court Restricted License

A Michigan DUI sobriety court restricted license allows individuals to operate a vehicle to and from their residence, job, school and an alcohol or drug education program as ordered by Michigan court. They must carry proof of the destination and hours with their restricted license. The sobriety court license law does not permit drivers to operate a vehicle “in the course of employment.”

If the driver violates any of the terms under the sobriety court restricted license statute, the sobriety court may remove them from the program. This includes driving with an ignition interlock device. Secretary of State will then terminate the defendant’s restricted license and reinstate all applicable suspensions and revocations. The offender will also be required to pay all driver responsibility fees.

Even while a driver has a restricted license in Michigan, that doesn’t mean their driving record will won’t show their driving history. Information such as tickets, points, suspensions, denials and revocations will remain available for the public to see.


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Completion of DUI Sobriety Court Program

After a DUI offender has completed the Michigan sobriety court program, they may request a hearing with the Administration Hearings Section of the Michigan Department of State to restore full driving privileges. They must, however, wait until the minimum period for their suspensions, revocations and denials have passed.

To request a driving or vehicle record, visit the Office of Secretary of State website.


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Eligibility for Oakland County DUI Sobriety Court

The Oakland County DUI Sobriety Court will only accept a transfer case, providing the offender meet eligibility criteria and is a resident within the 52-2 District Court jurisdiction. To be eligible for the Oakland County DUI Sobriety Court, an individual must meet the following criteria:

  • Current OWI, OWPD, OWAI, or Child Endangerment offense with a prior alcohol or drug conviction OR
  • Current conviction of OWI with BAC .17 or Greater or Child Endangerment when a BAC of .15 or higher is present, without a prior alcohol or drug conviction.
  • Residency or full time employment within the jurisdiction of the 52/2 District Court. Exceptions for out-of-jurisdiction residence are made for good cause.
  • No history of serious violent offenses
  • Cannot be on parole or active probation for an offense that’s categorized as a felony
  • No outstanding matters with ICE or illegal alien status

Penalties for DUI Offenses in Michigan

Below are penalties an individual can face after being convicted of a drunk driving offense:

First Offense:

Operating While Intoxicated (OWI)

Operating With Any Presence of a Schedule 1 Drug or Cocaine (OWPD)

  • Up to 93 days in jail
  • Up to 360 hours of community service
  • Driver’s license suspension for 1 month
  • License restrictions for up to 180 days

Operating While Visibly Impaired (OWVI)

  • Up to 93 days in jail
  • Up to 360 hours of community service
  • License restrictions for 90 days

Second Offense within 7 Years (any combination):

OWI and OWPD

  • Up to 1 year in jail
  • At least 48 hours of the term must be served consecutively
  • Up to $1,000 in fines
  • Up to 3 months of community service
  • Driver’s license revocation and denial for a minimum of 1 year
  • Vehicle immobilization for up to 180 days
  • Six points added to the driving record

OWVI

  • Up to 12 months in jail
  • Up to $1,000 in fines
  • Up to 90 days of community service
  • Driver’s license revocation and denial for a minimum of 12 months
  • Vehicle immobilization for up to 180 days

Third OWI Convictions

OWI

  • $500 to $5,000 fine, and either of the following: up to 5 years of imprisonment or probation, with 30 days to 1 year in jail
  • Up to 180 days of community service
  • Driver’s license revocation for at least 365 days
  • Possible vehicle forfeiture
  • Vehicle registration denial

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Additional Resources for Sobriety Court

Sobriety Court | SOS – Visit the official website for the Secretary of State Jocelyn Benson to learn more about sobriety court. Access the site to learn answers to frequently asked questions such as “am I eligible to receive a Sobriety Court restricted license?” and “do I need to have an ignition interlock on every car that I own?’’

Michigan Penal Code: OWI Offenses – Visit the official website for the Michigan Legislature to learn more about operating a vehicle while intoxicated (OWI) laws and penalties. Click the link to view the elements required the state of Michigan to convict someone of OWI.


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Sobriety Court Bloomfield Hills Attorneys, MI

If you have been arrested and charged for drunk driving, you may be eligible for sobriety court. Speaking with an experienced criminal defense attorney will help you decide if this decision could work for you. DUI attorney J. Dallo has thoroughly studied Michigan DUI/OWI laws and has represented many people charged with DUI crimes. He can help you navigate through the program and avoid the statutory penalties of OWI.

Call Dallo Law, P.C. now at (248) 283-7000 to set up your free, consultation. We are proud to serve the communities of Birmingham, Bloomfield Hills, Bloomfield Township, Orchard Lake Village, West Bloomfield, Commerce Township, Farmington Hills, Royal Oak, Novi, Livonia, Berkley, Huntington Woods, Oak Park, Rochester, and Rochester Hills.


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