In Michigan, the principal charge is OWI (operating While intoxicated) as opposed to what most people are used to, DUI (Driving Under the Influence), and is you can be charged if you blow a 0.08 or higher on the breath test. There is a first, second, and third offense that a person can be charged under, including a new "High BAC", (Blood Alcohol Content) which is charged when a person blows a 0.17 or more on the breath test (first offenses usually). You also have to be aware that there will be license sanctions and driver responsibility fees involved for each offense.
OWI First Offense
Criminal Penalties include up to 93 days in jail (misdemeanor)
License Penalties include suspended license for 180 days, restricted for 150 days (that means no driving for the first 30 days)
OWI Second Offense
Criminal Penalties include up to 1 Year in jail (misdemeanor)
License Penalties include license revocation for at least 1 year(no restricted license), plate confiscation and possible vehicle forfeiture.
OWI Third Offense
Criminal Penalties include up to 5 years in prison (felony)
License Penalties include license revocation for at least 5 years (no restricted license), plate confiscation and possible vehicle forfeiture.
High BAC (Blood Alcohol Content)
Criminal Penalties include up to 6 months in jail (misdemeanor
License Penalties include license suspended for 1 year, restricted after the first 45 days. But only if you agree to install a breath alcohol ignition interlock device (BAIID) on your car. If not, you can't drive for 1 year.
Michigan's drunk driving laws are some of the harshest in the nation. It will cost you jail time, fines, license restrictions, and you will have to pay the driver responsibility fees. If you have been arrested in Macomb, Oakland, or Wayne county, it is important that you contact your Metro-Detroit Criminal Lawyer right away so I can start looking into your case and work to preserve any evidence that may help you. Most police agencies only keep in car video's for a certain amount of time and if you wait, any hope to challenge the stop or the arrest may be lost.
Call today for your free consultation at (586) 439-4297 or (248) 581-0598, Extension 0, and learn your rights. You may have a defense, so don't just give up.