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CRIMINAL DEFENSE

DRIVING WHILE INTOXICATED

It is very important to hire an experienced attorney who knows the law if you have been arrested for drunk driving. In Gaylord, Petoskey, Charlevoix, and all throughout northern Michigan, The Law Offices of Daniel J. Harris, P.C. provides attorneys to offer legal help in order to protect your rights. There are many legal issues that need to be explored in every drunk driving case. It is best to hire an attorney who is familiar with those issues to represent you and make sure that you are not taken advantage of by the police or prosecutor. The Law Offices of Daniel J. Harris, P.C. has over 10 years experience both defending and prosecuting drunk driving cases - something that most law firms cannot offer you. It is to your benefit to hire a law firm that has experience on both sides of a drunk driving case.

Facts About Michigan's Drunk Driving Law

Under Michigan law, it is illegal to drive:

  • While impaired by, alcohol, illegal drugs, and certain prescribed medications (Operating While Visibly Impaired - OWVI)
  • While the alcohol or drugs in your body substantially affected your ability so you could not operate a motor vehicle safely (Operating While Intoxicated - OWI)
  • With a bodily alcohol content of 0.08 or more (Operating While Intoxicated – OWI)

If you are under age 21 it is against the law:

  • To drive with a bodily alcohol content of 0.02 or greater, or have any presence of alcohol other than that consumed at a generally recognized religious ceremony. (Under 21 Any BAC)

If you have been convicted of a drunk driving offense within the last seven years of the instant offense, you can be charged with Operating While Intoxicated 2nd Offense. If you have been convicted of a drunk driving offense two times within the past ten years of the instant offense, you can be charged with Operating While Intoxicated 3rd Offense.

Possible Penalties

Operating While Visibly Impaired (OWVI)

  • Up to 93 days in jail
  • Fine of up to $300
  • Up to 360 hours of community service
  • Possible vehicle immobilization
  • Driver license restrictions for 90 days
  • $500 driver responsibility fee for two consecutive years
  • 4 points on license

Operating While Intoxicated (OWI)

  • Up to 93 days in jail
  • Fine of $100 - $500
  • Up to 360 hours of community service
  • Possible vehicle immobilization
  • Possible ignition interlock
  • License suspension for 30 days followed by restrictions for 150 days
  • $1000 driver responsibility fee for two consecutive years
  • 6 points on license

Under 21 Any BAC

  • Fine of up to $250
  • Up to 360 hours of community service
  • Restricted driver license for 30 days
  • $500 driver responsibility fee for two consecutive years
  • 4 points on license

Operating While Impaired 2nd Offense

  • 5 days to 1 year in jail
  • Fine of $200 - $1000
  • 30 to 90 days of community service
  • License plate confiscation
  • Vehicle immobilization for 90 - 180 days
  • Possible vehicle forfeiture
  • Driver license denial/revocation for a minimum of 1 year
  • $1000 driver responsibility fee for two consecutive years
  • 6 points on license

Operating While Impaired 3rd Offense

  • 1 to 5 years in prison
  • Fine of $500 - $5000
  • 60 to 80 days of community service
  • License plate confiscation
  • Vehicle immobilization for 1 to 3 years
  • Possible vehicle forfeiture
  • Vehicle registration denial
  • Driver license denial/revocation for a minimum of 5 years
  • $1000 driver responsibility fee for two consecutive years
  • 6 points on license

 

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