If you live in Michigan, were vacationing or visiting there, or conducting business in the state and you were stopped and arrested on a DWI (driving while intoxicated) or DUI (driving while under the influence) charge, you will need to find an experienced lawyer licensed in the State of Michigan to represent you.

A DWI or DUI charge is a serious offense and not to be taken lightly. DWI and DUI laws are constantly evolving and changing, and so are the penalties. You need an experienced lawyer in the State of Michigan to help you wade through the legal processes.

You MUST file a challenge to your case immediately, usually within 7 to 10 days, or else you could lose your driver’s license without a hearing.

The State of Michigan has DUI laws that combine related charges with a DUI offense. This is intended to stop offenders from getting a lesser punishment than they deserve.

Michigan DUI laws can include these related charges:

• Operating While Visibly Impaired (OWVI). This law allows you to be charged with a DUI crime without having to take a breath test or blood alcohol concentration (BAC) test. All that is necessary for you to be charged with this crime is that the police officer visually be able to determine that you are unable to operate a motor vehicle due to impairment caused by alcohol or drugs in your body.
• Operating While Intoxicated (OWI). This is the charge when alcohol or drugs affect your ability to operate a motor vehicle and/or when your BAC is 0.08 or higher.
• Per se law: This law states that you can be charged with a DUI simply with the positive BAC measurement of 0.08 or higher. There is no other evidence needed to make this charge.

Other Michigan DUI related charges can include: OUID (Operating under the influence of drugs), OUIL (Operating under the influence of liquor), or UBAL (Unlawful Blood Alcohol Level). This multitude of terms and related charges makes it even more difficult for you to navigate alone. You need a Michigan lawyer to help you.

In 2003, the State of Michigan’s legislature passed into law some amendments and revisions to their DUI laws. One of those was changing the name from OUIL to OWI (Operating While Intoxicated). The OWI law includes operating a motor vehicle with a BAC of 0.08 or higher as well as operating under the influence of alcohol or alcohol combined with another controlled substance.

The amendment also includes a provision that a measurement of 0.07 BAC can also be charged in an impaired driving offense. The amendment also adds the language that an OWI can be charged if ANY amount of alcohol or a controlled substance is found in your body.

Another change is the addition of an ignition interlock device to a penalty requirement. Your driver’s license may be suspended for six months, but the court could recommend to add an ignition interlock device to your vehicle for up to two years.

Penalties

DUI/OWI

• Jail time, up to 93 days
• Fines ranging from $100-$300
• Community service, up to 45 days
• Suspension of driver’s license for 90 days
• Immobilization up to 6 months

DUI/OWI (Second Offense)

• Jail time, 5 days to one year
• Fines ranging from $200 to $1,000
• Community service, from 1 to 3 months
• Suspension or revocation of driver’s license
• Confiscation of license plate
• Possible forfeiture of vehicle
• Immobilization from 3 to 6 months

An experienced Michigan lawyer can call into question different aspects of your case in front of a judge and challenge various elements of your charge. For example, your lawyer could:

• Challenge the reason your vehicle was stopped in the first place
• Challenge the validity of any blood, breath, or urine tests for various reasons
• Challenge that you were read your rights correctly

If you have a DUI or OWI charge pending in the State of Michigan , find and hire a Michigan lawyer to represent you in your case.

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