Driving with a bodily alcohol content over .08 BAC (blood alcohol concentration) or being so impaired by alcohol it affects your ability to drive is prohibited in the state of Michigan. What’s concerning about OWI offenses is not everyone who is charged with OWI is guilty. Since the effects of alcohol are different for everyone, you could have an .08 BAC reading even if you’re not intoxicated or “buzzed.”
Additionally, if your BAC isn’t sufficient for an arrest, the officer may instead charge you with operating a vehicle while visibly impaired (OWVI). Both crimes can result in similar penalties, however law enforcement isn’t required to obtain a BAC test to arrest you with OWVI. Instead, all they need is probable cause that alcohol, drugs, or some other intoxicating substance in your body has substantially affected your vision to the point you can’t operate a vehicle safely.
Most first-time OWI offenders have little to no criminal history and just found themselves caught up in some bad circumstances. Often these individuals committed nonviolent crimes, are professionals, and serve their community in many ways every day. Despite all of this, the state of Michigan will still not hesitate to prosecute if they believe the defendant was OWI. If you or someone you know has been charged with their first OWI offense, then we highly suggest you get in contact with the experienced attorneys at Dallo Law, P.C..
First DUI Defense Attorney in Oakland County, Michigan
For many first-time offenders, an arrest for operating a vehicle while intoxicated (OWI) is extremely stressful and overwhelming. It might be tempting to freak out and shut down despite the fact the judicial system is moving fast without you. Don’t get left behind and stuck with serious statutory penalties. Find dedicated counsel and help with attorney J. Dallo at Dallo Law, P.C..
Attorney Dallo has years of experience handling Michigan OWI, OWVI, OWPD, and other related offenses. His dedication, resilience, knowledge, and resources has brought positive results for numerous clients who can finally move on with their lives. To set up your first free consultation with Mr. Dallo, call our number at (248) 283-7000. Dallo Law, P.C. accepts clients throughout the greater Oakland County and Macomb County area including Clinton Township, Warren, Sterling Heights, Mount Clemens, St. Clair Shores, Utica, Romeo, Fraser, New Baltimore, Pontiac, Troy, Waterford Township, Clarkston, Rochester Hills, Royal Oaks, Bloomfield Hills and Auburn Hills.
- What Happens with Your First DUI in Michigan?
- What is the Super Drunk Driving Law in MI?
- Penalties for First OWVI in Michigan
- Additional Resources
What Happens With Your First DUI in Michigan?
A first offense OWI in Michigan is charged as a misdemeanor. The Michigan statute prohibiting drunk driving is found under MCLA 257.625. For the first OWI offense, Michigan law provides for the following penalties and punishments:
- Community service for not more than 360 hours.
- Imprisonment for not more than 93 days, or, if the person is convicted of violating [MCL 257.625(1)(c)], imprisonment for not more than 180 days.
- A fine of not less than $100.00 or more than $500.00, or, if the person is guilty of violating [MCL 257.625(1)(c)], a fine of not less than $200.00 or more than $700.00.
- Six points on the driving record as required by MCL 257.320a(1)(c).
- A requirement to pay a $1,000 driver responsibility fee for two consecutive years as required by MCL 257.732a(2)(a)(iii).
- A license suspension/revocation for a length of time that depends on the specific conviction and criminal history as required by MCL 257.319(8)(a) and MCL 257.319(16).
- A violation of MCL 257.625(1)(a) or MCL 257.625(1)(b) and no prior convictions within seven years requires a mandatory 180-day suspension with a possible restricted license after 30 days under certain circumstances as required by MCL 257.319(8)(a) and MCL 257.319(16).
- Vehicle immobilization may be ordered for not more than 180 days as required by MCL 257.625(9)(e) and MCL 257.904d(1)(a).
- The secretary of state will suspend the driver’s operator’s license for 180 days with no driving at all for the first 30 days. The person might obtain driving privileges on a restricted basis only for the remaining 150 days.
- The court can impose a possible vehicle immobilization or an ignition interlock requirement.
- Additionally, six (6) points are added to the offender’s driving record.
What is the Super Drunk Driving Law in Michigan?
Having an excessive blood alcohol content (BAC) could mean your penalties are boosted because of Michigan’s “Super Drunk” laws. Essentially, these laws are for drivers with no prior OWI convictions within the last seven years who operated a vehicle with a BAC of .17 or higher. If the driver had a prior conviction within the last seven years, then their penalties will be even more harsh than what’s typical for a Super Drunk conviction.
For a first offense with a high blood alcohol concentration of .17 or higher, the penalties include:
- Up to 180 days in jail;
- A fine of $200 to $700; and
- Up to 360 hours of community service.
The driver’s license suspension is for 1 year with a possibility of restricted driving after 45 days of suspension. The court will also require the offender to install an ignition interlock device (IID) on all vehicles they own or intend to operate.
The court might also impose metal license plate confiscation if the offender operates a vehicle without a properly installed ignition interlock device.
Mandatory vehicle immobilization is required if the offense is subsequently convicted for operating a vehicle without a properly installed ignition interlock device. In addition, six (6) points are added to the offender’s driving record.
Penalties for First OWVI Offense in Michigan
In Michigan, a first offense for operating while visibly impaired (OWVI), the court will impose a fine of up to $300, and one or more of the following:
- Up to 93 days in jail.
- Up to 360 hours of community service.
The driver’s license restriction is for 90 days, or 180 days if impaired by a controlled substance. In addition, the court might impose vehicle immobilization and four points are added to the offender’s driving record.
Michigan OWI Statute – Visit the official website for the Michigan Legislature to read up on their Act 200 of 1949 from the Michigan Vehicle Code. Access the site to learn how intoxication is measured under the law, admissible defenses and the penalties for your first OWI offense.
Super Drunk Laws FAQ in Michigan – Visit the official website for the Michigan Court to download a document by the court explaining answers to frequently asked questions about Super Drunk laws. Access the site to find out what happens to your driver’s license after a high BAC offense, how long it will stay on your driving record and how to install an IID.
Bloomfield Hills Attorney for First OWI in Michigan
Most first-time OWI offenders never face a day in jail or have a felony on their record. However, that doesn’t mean the penalties for OWI are anything to laugh at. Having a misdemeanor on your record could deter professional and personal opportunities for you. Not to mention the endless fines, court costs, and insurance premium spikes you will have to deal with after the conviction. Instead of letting this happen to you get in contact with Dallo Law, P.C..
Criminal defense attorney Dallo of Dallo Law, P.C. is experienced in all types of traffic crimes and will stop at nothing to ensure his clients receive the best results possible for their case. You can rest assured that with Dallo Law, P.C. you will never be left on the back burner or feel out of the loop. Our team at Dallo Law, P.C. always treat each client with the utmost care and attention and will provide that to you as well. If you or someone you know has been charged with a first-time OWI, call Dallo Law, P.C..
You can reach Dallo Law, P.C. by calling (248) 283-7000 to set up your first consultation free. Dallo Law, P.C. accepts clients throughout the greater Oakland County and Macomb County, Michigan area.