MISDEMEANOR DUI

MISDEMEANOR DUI

WHAT IS A DUI?

DUI is an acronym for “driving under the influence.” If you have made your way to this page, then you probably already knew that. What you might not have known is that the charge of “DUI” doesn’t exactly exist in Michigan law. In the state of Michigan, drunk driving charges are called “OWI” or “operating while intoxicated.” The term DUI became popular as it is commonly used in television and movies due to the laws in California naming the charge “driving under the influence.” While OWI is technically the correct term for a drunk driving charge in Michigan, you will routinely find DUI and OWI used interchangeably, both on this website and many others.

VARIOUS MISDEMEANOR DUI CHARGES IN EAST LANSING

Drinking and driving can be charged in several different ways depending on the history of the driver, and whether or not an accident occurred. A driver’s Blood Alcohol Content (BAC) is an indicator of the level of intoxication of the driver and is also important in determining the appropriate DUI/OWI charge. The various misdemeanor types of DUI/OWI charges that you will find in and around East Lansing include:


Operating While Intoxicated (OWI) - .08 BAC or Higher

Up to 93-days in jail upon conviction, along with a 30-day suspension of your driver’s license followed by a 150-day restricted license which only allows you to drive to work or school. You will also be assessed 6 points on your driver’s license and face additional fines, costs, and other sanctions by the court.


Operating While Intoxicated 2nd Offense - .08 BAC or Higher

Minimum of 5 days jail and up to one year in jail upon conviction. A second offense drunk driving conviction within 7 years will result in your license being revoked altogether. You will also be assessed 6 points on your driver’s license and face additional fines, costs, and other sanctions by the court.

 

Operating While Visibly Impaired (OWVI) – Can Be Under .08 BAC

Up to 93-days in jail upon conviction, along with 180 days of license restrictions which will only allow you to drive to work or school. You will be assessed 4 points on your driver’s license and face additional fines, costs, and other sanctions by the court.

 

Operating While Intoxicated High BAC (Super Drunk) - .17 BAC or Higher

Up to 180-days in jail upon conviction, along with a one-year license suspension. You will also be assessed 6 points on your driver’s license and face additional fines, costs, and other sanctions by the court. Drivers may be eligible to install an interlock device in their car allowing them to drive after 45 days upon approval from the court.

 

Operating While Intoxicated Zero Tolerance/ Minor BAC - .02 to .07 BAC & Under 21

There is no jail time for this offense. There is a 30-day period of license restriction and you will be assessed 4 points on your driver’s license and face additional fines, costs, and other sanctions by the court.

 

If you have been arrested or charged for any of the above DUI offenses, it is important to get in contact with an experienced DUI defense attorney immediately. Since a DUI conviction can never be expunged under Michigan law, it is important to be proactive in how you handle your DUI case. Getting an experienced attorney on your side early in the process can put you in the best position to avoid the consequences of a conviction.

DUI PENALTIES FOR DRIVERS WITH OUT OF STATE DRIVER'S LICENSES

Did you know that you may face penalties on your out-of-state driver’s license for a DUI-related conviction in the state of Michigan? If you possess a driver’s license that was issued by a state other than Michigan, then it is important to understand what types of consequences you may face on that license upon any conviction. The Driver’s License Compact (DLC) is an agreement between states to report when a motorist commits a driving infraction. The idea here is that you would not be able to hide from the penalties of an infraction in another state. Most, but not all states are part of the DLC; the only states that are not part of the DLC are Georgia, Wisconsin, Massachusetts, and Tennessee. If you have an out-of-state driver’s license, make sure to inform your DUI defense attorney so it can be determined what additional penalties you may face.

HOW TO DEFEND A DUI CASE

In order to determine the most effective way to defend a given DUI case, a thorough analysis of the case and the facts must be made. In some cases, you may need to challenge the police officer’s decision-making and conduct during the DUI stop; in others, you may need to challenge the scientific evidence that is put forward stating that your blood alcohol level was above the legal limit. The machines that the police use to determine the level of alcohol in your system are susceptible to giving inaccurate measures when they are not used or calibrated properly. It is important to have a clear idea of how you are going to defend your DUI case to give yourself the best chance for success. The best way to fully understand your DUI case is through a discussion with an experienced DUI defense attorney. Once you understand the strengths and weaknesses of your case, then you can make informed and confident decisions about how to proceed.

WHAT ARE FIELD SOBRIETY TESTS

Standard field sobriety tests are a series of tests that a police officer will administer during a DUI traffic stop. The information gained from these tests is supposed to help an officer determine if someone is intoxicated due to the use of alcohol or other drugs. Standard field sobriety tests which are validated by the National Highway Traffic and Safety Administration (NHTSA) include:

 

  • The “Walk and Turn” Test
  • The “One-Leg Stand” Test
  • The Horizontal Gaze Nystagmus Test

 

These are not all of the field sobriety tests that officers use, but they are the only three that have been validated by the NHTSA. An individual’s performance on these tests can help set the basis for probable cause, which would allow the officer to ask the individual to submit to a breath test, or face arrest. You are not required by law to take any field sobriety tests if requested by an officer, but realize that if you do not comply, you may face arrest. The officer’s administration of field sobriety tests is often a hotly contested issue in DUI trials and evidentiary hearings and could likely be a key issue in your case as well.

WHAT IF I HAVE A MEDICAL MARIJUANA CARD?

Medical marijuana cardholders are immune from being charged under the zero-tolerance provisions of an OWPCS. Having a medical marijuana card allows for patients to drive with some level of marijuana in their system, forcing police and prosecutors to have to prove actual impairment in order to properly convict someone of a DUI-related offense. 

HOW EAST LANSING DUI CAN HELP

The attorneys at East Lansing DUI bring significant experience and legal knowledge with them to each and every DUI case they defend. We lean on our past experience in dealing with the local East Lansing area courts to help each client find success. A case assessment with one of our attorneys will give you a full understanding of your DUI case, along with its strengths and weaknesses. You will come away with a clear idea of how to best approach and defend your DUI case after meeting with one of our attorneys at East Lansing DUI. 

EAST LANSING DUI FREE CONSULTATIONS

At East Lansing DUI, we understand that this might be your first run-in with the law. It is normal to have some questions and worry about what the outcome of your case might be. Because of this, we are proud to offer free consultations to anyone facing a DUI charge. Simply call us at (517) 292-7000 or contact us online to arrange a consultation with one of our attorneys. It could be the call that saves you from the consequences of a DUI conviction.

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