Drunk and Impaired Driving Offenses

When faced with any criminal driving offense in Michigan, it is important to hire a criminal lawyer that will actually take the time to review the evidence in your case to ensure that your constitutional rights were not violated during the process.  Attorney Karen Carver, has successfully advocated on behalf of her clients, in Fowlerville, Howell, Brighton, and surrounding communities in Livingston County, reaching various dismissals for constitutional violations and will take the time to review the facts in your case.   Call today to schedule your free consultation to see if drunk driving attorney, Karen Caver can aid in your defense. 

Under Michigan law, it is illegal to drive:

• While intoxicated, or impaired, by alcohol, controlled substance, or other intoxicating substance.
• With a bodily alcohol content of 0.08 or more. 
• With a bodily alcohol content of 0.17 or more, referred to as  "High BAC" or super drunk.
• With any amount of cocaine or a Schedule 1 controlled substance in your body. MCL 333.7212.
• If you are under age 21, it is also against the law to drive with a bodily alcohol content of 0.02 or more, or with any presence of alcohol in your body except for that consumed at a generally recognized religious ceremony.

In addition, in Michigan, if you are stopped by a law enforcement officer who believes you may be driving while intoxicated or impaired, you may be asked to take a Preliminary Breath Test (PBT) to determine whether alcohol was involved.  If you refuse to take the PBT, you may be charged with a civil infraction, which carries a fine up to $150 plus court costs.

 Operating While Visibly Impaired (OWVI) means that because of alcohol, controlled substance, or other intoxicating substance, you ability to operate a motor vehicle was visibly impaired. 

Operating While Intoxicated (OWI) includes 3 types of driving violations:

• Alcohol, drugs or other intoxicating substance in your body substantially affected your ability to operate a motor vehicle safely.
• A bodily alcohol content (BAC) at or above 0.08. This level can be determined through a chemical test.
• High BAC means the alcohol level in your body was at or above 0.17. This level can be determined through a chemical test.

Operating With Any Presence of a Schedule 1 Drug or Cocaine (OWPD) means having even a small trace of these drugs in your body, even if you do not appear to be intoxicated or impaired. This can be determined through a chemical test. 

 First Offense:

     Operating While Intoxicated (OWI) or Operating With Any Presence of a Schedule 1 Drug or Cocaine

• $100 to $500 fine and one or more of the following:Up to 93 days in jail.
• Up to 360 hours of community service.
• Driver's license suspension for 30 days, followed by license restrictions for 150 days.
• Possible vehicle immobilization.
• Possible ignition interlock.
• Six points added to driving record.

    High Blood Alcohol Content (BAC of .17 or higher). 

• One or more of the following:Up to 180 days in jail.
• $200 to $700 fine.
• Up to 360 hours of community service.
• Driver's license suspension for 1 year. Eligible for restrictions after 45 days of suspension.
• 6 points added to the offender's driving record.

     Operating While Visibly Impaired

• Up to a $300 fine, and one or more of the following:
• Up to 93 days in jail.
• Up to 360 hours of community service.
• Driver's license restrictions for 90 days (180 days if impaired by a controlled substance).
• Possible vehicle immobilization.
• 4 points added to the offender's driving record.

Second Offense within 7 Years (any combination):

      Operating While Intoxicated

• $200 to $1000 fine, and one or more of the following:5 days to 1 year in jail.
• 30 to 90 days of community service.
• Driver's license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
• License plate confiscation.
• Vehicle immobilization for 90 to 180 days, unless the vehicle is forfeited.
• Possible vehicle forfeiture.
• 6 points added to the offender's driving record.

       Operating While Visibly Impaired

• $200 to $1,000 fine, and one or more of the following:5 days to 1 year in jail.
• 30 to 90 days of community service.
• Driver's license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
• License plate confiscation.
• Vehicle immobilization for 90 to 180 days unless the vehicle is forfeited.
• Possible vehicle forfeiture.
• 4 points added to the offender's driving record.

Third Offense Within Lifetime (any combination) is a Felony

        Operating While Intoxicated

• $500 to $5,000 fine, and either of the following:1 to 5 years imprisonment.
• Probation, with 30 days to 1 year in jail.
• 60 to 180 days community service.
• Driver's license revocation and denial if there are 2 convictions within 7 years or 3 convictions within 10 years. The minimum period of revocation and denial is 1 year (minimum of 5 years if there was a prior revocation within 7 years).
• License plate confiscation.
• Vehicle immobilization for 1 to 3 years, unless the vehicle is forfeited.
• Possible vehicle forfeiture.
• Vehicle registration denial.
• 6 points added to the offender's driving record.

       Operating While Visibly Impaired

• $500 to $5,000 fine, and either of the following:1 to 5 years imprisonment.
• Probation, with 30 days to 1 year in jail.
• 60 to 180 days community service.
• Driver's license revocation and denial if there are 2 convictions within 7 years or 3 convictions within 10 years. The minimum period of revocation and denial is 1 year (minimum of 5 years if there was a prior revocation within 7 years).
• License plate confiscation.
• Vehicle immobilization for 1 to 3 years, unless the vehicle is forfeited.
• Possible vehicle forfeiture.
• Vehicle registration denial.
• 4 points added to the offender's driving record.