Sterling Heights Drunk Driving Lawyers
- Tomko, Thomas:
Drunk Driving Penalties
The penalties for Drunk Driving can be severe, and increase for repeat offenders. A conviction can result in jail time and will affect your right to drive a vehicle. By working with you I can find out what the applicable penalties are in your case.
In Michigan, the drinking and driving laws have changed over the years. The most significant changes in the recent past came into effect on October 1, 1999. Since then, persons charged with drinking and driving face the following maximum penalties from the Court:
OWI (Intoxicated)
MCL 257.625(1)
OWI (Impaired)
MCL 357.625(3)
Zero Tolerance
MCL 257.625(6)
1st offense
Misdemeanor
Misdemeanor
Misdemeanor
Fines: $100 to $500
Fines: $0 to $300
Fines: Up to $250
Jail: Up to 93 days
Jail: Up to 93 days
Jail: None
Community Service:
Up to 45 days
Community Service:
Up to 45 days
Community Service:
Up to 45 days
Probation: Up to 2 yrs
Probation: Up to 2 yrs
Probation: Up to 2 yrs
Vehicle Immobilized: Up to 180 days
Vehicle Immobilized: Up to 180 days
Vehicle Immobilized: None
2nd Offense (e.g. one prior MCL 257.625 or MCL 257.653(a) (4) conviction occurring within 7 years of the new offense)
Misdemeanor
Misdemeanor
Misdemeanor
Fines: $200 to $1000
Fines: $200 to $1000
Fines: Up to 93 days
Jail: 5 days to 1 year
Jail: 5 days to 1 year
Jail: Up to 93 days
Community Service:
30 to 90 days
Community Service:
30 to 90 days
Community Service:
Up to 60 days
Probation: Up to 2 yrs
Probation: Up to 2 yrs
Probation: Up to 2 yrs
Vehicle Immobilization minimum of 90 and up to 180 days, unless forfeit
Vehicle Immobilization minimum of 90 and up to 180 days, unless forfeit
Vehicle Immobilization None (however, forfeit 1-3 years if prior MCL 257.653a3 conviction)
Vehicle Forfeiture: available in discretion of Court
Vehicle Forfeiture: available in discretion of Court
License Plate: required to be confiscated
License Plate: required to be confiscated
3rd Offense (e.g. two or more prior MCL 257.625 or MCL 257.653(a)(4) convictions occurring within your lifetime before the new offense)
Felony
Felony
Not Applicable
Fines: $500 to $5000
Fines: $500 to $5000
Jail: 1 year to 5 years
Jail: 1 year to 5 years
Community Service: 60 to 180 days
Community Service: 60 to 180 days
(Possibility for probation with 30 days to 1 year in jail)
(Possibility for probation with 30 days to 1 year in jail)
Probation: Up to 5 years
Probation: Up to 5 years
Vehicle Immobilization minimum of 1 year and up to 3 years, unless forfeit
Vehicle Immobilization minimum of 1 year and up to 3 years, unless forfeit
Vehicle Forfeiture: available in discretion of Court
Vehicle Forfeiture: available in discretion of Court
License Plate: required to be confiscated
License Plate: required to be confiscated
- Michigan Law Services:
As you may have learned recently, enforcement of laws against impaired
driving is extremely active in southeast Michigan. The consequences of
any charge of operating while intoxicated (OWI) Ñ sometimes referred to
as DWI, DUI, OWIL, OUI, or simply drunk driving Ñ can be severe and
life-changing.
If you or a family member has been charged with OWI or another
alcohol-related offense such as minor in possession (MIP), please
contact a criminal and traffic defense lawyer ...
Facing even a "basic" first-offense OWI charge without an effective
lawyer is a serious risk. If you have other such charges on your record
Ñ even over a decade old Ñ or there are aggravating factors such as an
accident, this decision becomes even more critical. Jail time is a clear
possibility, along with large fines, long-term drivers' license
suspension and dramatically increased insurance rates. Investigating
Your OWI Arrest and Pursuing All Defense Angles
... the laws and have experience handling OWIs in tough-enforcing
courts throughout the area Ñ including those in Novi, Warren, Troy,
Bloomfield Hills and Rochester. To help you understand what is at stake,
... assess your case based on factors such as:
* Your prior criminal record, including previous OWI or other
alcohol/drug-related offenses * The full circumstances of your
arrest * The Michigan city and county in which you were arrested
It is possible to win dismissals and acquittals in OWI cases. In order
to determine how best to handle your situation, we will look at issues
such as:
* Whether the police had probable cause and reasonable suspicion to
stop your vehicle and arrest you * The validity of your Breathalyzer
and other physical test results, in light of other successful OWI
defense cases * The conduct of law enforcement officials throughout
your arrest and detention
- Janet M. Ziulkowski:
You should consult an attorney for individual advice regarding your own situation.
- Robinette & Walton:
Enhanced Penalty BAC Level and Zero Tolerance Laws Many states have
"enhanced penalty BAC level" laws that impose harsher penalties for
drivers with BAC levels at or above the state's enhanced penalty
standards. These laws typically apply to drivers with a particularly
high BAC, ranging from .15% to .20%. In addition, all states have "zero
tolerance" laws that penalize drivers under age 21 for driving with any
trace of alcohol in their systems.
- Thomas
Tomko: In Michigan there are a great number of specific offenses which
can be charged when a person is arrested for Drunk Driving.
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