MICHIGAN DRUNK DRIVING LAWS

Over the past decade, Michigan's drunk driving laws have undergone numerous changes. As the laws have changed, the acronyms and charges relating to drinking and driving cases have changed. OWI, OWVI, DUI, DUIL, DWI, OUIL, OUI, UBAL, UBAC, impaired driving, driving while visibly impaired, drinking and driving and driving while impaired are some of the various terms used to refer to drunk driving in Michigan. However, as the law is written today, Michigan has two primary forms of drunk driving: Operating While Intoxicated (OWI) and Operating While Visibly Impaired (OWVI or Impaired Driving).

As the drunk driving laws have changed, the potential penalties have become progressively more punitive - as have the sentences imposed by judges. Additionally, the legislature has largely removed from the courts their jurisdiction over license sanctions. Simply put: A drunk driving charge can impact your family, your ability to work and your freedom.

The potential penalties and license sanctions are based upon the charged offense and prior drunk driving convictions. Felony drunk driving involves any 3rd offense or more. Unlike 2nd offense drunk driving, there is no time limit regarding the use prior offenses for charging purposes. Below is a list of drunk driving penalties in Michigan.

MICHIGAN DRUNK DRIVING PENALTIES:
Operating While Intoxicated	Operating While Visibly Impaired
Misdemeanor Up to 93 days in jail $100 to $500 fine Up to 360 hours of community service 30 Day license suspension and 150 day license restriction Six points on driving record Court may immobilize vehicle up to 180 days	Misdemeanor Up to 93 days in jail $300 fine Up to 360 hours of community service 90 day license restriction Four points on driving record Court may immobilize vehicle up to 180 days
Operating While Intoxicated, Second Offense (within 7 years)	Operating While Visibly Impaired, Second Offense (within 7 years)
Misdemeanor Imprisonment for not less than 5 days or more than 1 year $200 to $1,000 fine 30 to 90 days of community service Minimum one year license revocation License plate confiscation 90-180 days of vehicle immobilization unless the vehicle is forfeited Court may order vehicle forfeited	Misdemeanor Imprisonment for not less than 5 days or more than 1 year $200 to $1,000 fine 30 to 90 days of community service Minimum one year license revocation License plate confiscation 90-180 days of vehicle immobilization unless the vehicle is forfeited Court may order vehicle forfeited
Operating While Intoxicated, Third Offense (no time limits on priors)	Operating While Intoxicated, Third Offense (no time limits on priors)
Felony Imprisonment from 30 days in jail up to 5 years in prison $500 to $5,000 fine 30 to 180 days of community service Up to a 5 year license revocation License plate confiscation 1 to 3 years of vehicle immobilization unless vehicle is forfeited Vehicle registration denial Court may order vehicle forfeited	Felony Imprisonment from 30 days in jail up to 5 years in prison $500 to $5,000 fine 30 to 180 days of community service Up to a 5 year license revocation License plate confiscation 1 to 3 years of vehicle immobilization unless vehicle is forfeited Vehicle registration denial Court may order vehicle forfeited

DEFENDING DRUNK DRIVING CASES

Every drunk driving case is as different as each person charged. People across all segments of society are arrested for drunk driving. Regardless of one's situation in life, everyone agrees that being arrested, going to jail, going to court, etc... are all undesirable, inconvenient and disruptive to life and career. Proper defense of these cases requires an understanding of each client's personal situation and the ability to tailor an outcome that minimizes the negative impact of such charges on the client's daily life.

The first step is a thorough analysis of the evidence. We review the police reports, in-car police video, booking room video, and the Datamaster logs to find any potential motions and/or defenses: Was the initial stop legal? How did the client perform on the field sobriety tests? Did the arresting officer properly administer the field sobriety tests? Did the police abide by the administrative rules in administering the breath tests? Was the Datamaster properly maintained? If there was a blood draw, was there a proper basis for the search warrant? These are just some of the issues we review and analyze for each client.

We thoroughly analyze with our clients the the legal issues, evidence and potential defense options. Making the right choices in any situation involving the possibility of jail time requires a complete understanding of the facts and law. We can provide you with the confidence of knowing that the advice you are receiving is from an experienced trial attorney.

Additionally, should you be in need of substance abuse treatment or counseling, we can refer you to professionals who may be able to assist you. Professional counseling can be particularly important in situations involving prior drunk driving convictions and in violation of probation situations. We have a network of professionals we can refer you to who can assist you in overcoming your problems and who can provide documentation to the court regarding your progress.

If you are looking for a personalized solution to your drunk driving charge, please call us for a free consultation at (248) 865-9640 or (248) 422-2240. You can also use the following form to tell us about your case. We will contact you as soon as possible:

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Jeffrey Buehner, PLLC publishes this web site solely for the purpose of conveying information regarding the nature of Jeffrey Buehner, PLLC's practice. No information contained in this web site should be construed as legal advice. Neither viewing this web site, nor transmitting any information via e-mail, establishes an attorney-client relationship. The establishment of an attorney-client relationship is solely within the discretion of Jeffrey Buehner and will only occur after the signing of a retainer agreement by Jeffrey Buehner and the client expressly establishing an attorney-client relationship.