DUI/OWI/OWVI In The State of Michigan
If you or somebody you know has a DUI then this is the blog for you. It is important to be informed about DUI and other Michigan driving laws. Goldman and Associates has all the information you need to know about Michigan laws. If you need help with any DUI
DUI stands for driving while intoxicated. It is a common term for drunk or inebriated driving. In Michigan the official term is OWI (operating while intoxicated). You can be convicted of OWI if you drive an automobile while under the effects of alcohol or any other intoxicating substance.
There is also another crime called OWVI (operating while visibly impaired), which can be charged if the prosecutor can prove that there was visible proof that your ability to safely drive was hindered by the effects of alcohol or drugs. While there are certain safe levels of alcohol consumption that will not result in a DUI, the presence of any amount of a schedule 1 drug is automatically illegal. Due to the fact that driving is such an important activity in today’s society, it is important to know how OWI/OWVI works and what the consequences can be.
Penalties for an OWI/OWVI conviction
The first OWI/OWVI offense can land you up to 93 days in jail. The fines for an OWVI are capped at $300. If you blow a blood alcohol level of .17% or higher, the maximum jail time for OWI jumps to 180 days (nearly double). Standard fines for OWI are $100-$500 dollars, but a .17% BAC will also boost that to $200- $700. The penalty for a first time OWVI conviction cannot exceed $300. OWI and OWVI can also be punished by up to 360 days of community service. The second and third offenses for OWI and OWVI will also result in the confiscation of your license plate and the denial of vehicle registration.
For a first-time OWI conviction, the prosecutor must prove that had a blood alcohol level of at least .08%, or that you were severely impaired. An OWVI conviction only requires the government to prove that you were visibly impaired. There is no specific rule about how the government may or must prove this. The police officer who issued the citation can simply testify at trial. If either the judge or the jury is convinced by this testimony that you were visibly impaired. The level of impairment for OWVI is actually less than that of an OWI charge. Any level of impairment even slightly below the ability level of a normal, careful, driver is sufficient. The penalties for OWI tend to be more severe, mainly because it either involves much worse intoxication or the fact that blood alcohol content is a more objective measure of impairment. These penalties are all for a first time OWI/OWVI. A repeat offense will likely result in even harsher penalties. If you have no OWI/OWVI convictions for seven straight years, your record will be reset to zero and your next conviction will be considered a first-time offense.
Can I have my license suspended for OWI/OWVI?
Yes, you can? For an OWVI, your license will be “officially” suspended for 90 -180 days. However, a restricted license will be available immediately. A restricted license will allow you to retain limited driving privileges. You will have to get an Ignition interlock device (stops the car from starting if it detects alcohol) installed on your car. An OWI carries a 180 day (6 month) suspension and you have to wait at least 30 days (1 month) to get a restricted license. If you blow .17% or higher on a BAC test, the suspension will last for 1 year and the waiting period for a restricted license is increased to 45 days. The first OWI offense is worth six points. The first OWVI is worth four points. The second and third offenses (in a seven year period) are worth an additional four or six points respectively. The court has the option to immobilize your car for six months and can even have the vehicle forfeited completely. The penalties for OWI can easily outweigh the punishments usually dished out for comparatively more serious offenses.
A brief overview of asset forfeiture
Asset forfeiture refers to any process whereby the state or federal government confiscates someone’s property for reasons other than taxation or eminent domain. Depending on context, asset forfeiture can either be criminal or civil. Criminal asset forfeiture occurs when property is confiscated as a result of a criminal conviction. This typically occurs when the confiscated property was used or involved in the crime. Civil asset forfeiture, by contrast, does not require the criminal conviction of the property owner. In some cases someone’s property might be confiscated because someone else committed a crime that involved that property. It is for this reason that civil asset forfeiture is a highly controversial issue.
In the context of impaired driving, and vehicle confiscation that is a direct penalty of an OWI/OWVI conviction is a criminal forfeiture. However, in the rare case where the vehicle was seized before the trial, then the forfeiture is civil. In those cases the state of Michigan will allow the vehicle’s owner to petition for the vehicle to be temporarily returned to their possession. The defendant will have to prove to the court that the vehicle is necessary for them or their family to use. If the defendant abuses this privilege by selling or concealing the vehicle in order to avoid forfeiture, they will be charged with an additional misdemeanor. In the wake of recent reforms to the asset forfeiture law of Michigan it is unclear if the state of Michigan will continue to confiscate vehicles prior to conviction. When the prosecutor wants to confiscate a vehicle post-conviction, they must file a petition within 14 days of the conviction. This petition must give notice to anyone with an interest in the car. A forfeiture hearing will be held within 21 days of the petition being filed. If the confiscated vehicle was leased, it can be returned to the lessor without the consent of the defendant.
Refusing a breathalyzer test
It might seem strange for a lawyer to tell you to actually give evidence to the police, but any Michigan attorney who knows anything about Michigan traffic laws will tell you the same thing. Under Michigan law, all drivers on Michigan roads have given their implied consent to chemical testing when ordered by a police officer with reasonable grounds to ask for a test. If you are ordered to submit to a breath test and refuse to do so, you can face severe penalties under Michigan law. A reused test is a civil infraction that carries fines of up to $150. If you are under 21 years of age, you will have 2 points added to your driving record.
Your license will be suspended for a year, and the police officer may even confiscate or destroy your physical license. If that happens, you will be given a paper permit that is valid until after the hearing where you can contest the suspension. A second refusal in a seven year period is an automatic two year license suspension. The main takeaway here is that you are not legally allowed to refuse a police-ordered breathalyzer test if you drive on Michigan roads. A court order is still required to compel someone to submit to a blood test.
Conclusion
Do not drink and drive or drive under the influence, these kinds of actions may lead to the injury or even death of you or other people. Goldman and Associates strive for safety and justice. Not only is it incredibly dangerous to drive under the influence, but these risks and costs should also serve to dissuade you. Remember that drinking and driving is dangerous and it can cost lives.
For more information on DUI in the State of Michigan watch the video below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions.
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